Legal Services Directions 2025
92Cases in which decision-maker must not grant approval
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92 Cases in which decision-maker must not grant approval
A decision-maker must not grant an approval in respect of the following:
(a) activities undertaken by an individual for a corporate Commonwealth entity or Commonwealth company, to the extent that the individual is indemnified or insured by the entity or company in respect of those activities;
(b) a defamation proceeding commenced by an eligible person;
(c) an action commenced by an eligible person relating to alleged defamation, including assistance to uphold the person’s reputation, to challenge comments damaging to their reputation, or to obtain an apology;
(d) a legal proceeding in respect of an event (for instance, a motor vehicle accident) for which an eligible person has, or ought to have had, insurance coverage.
Note: For paragraphs (b) and (c), an approval must not be granted even if the employee offers to pay the responsible entity any damages they may receive.