Commonwealth Consolidated Regulations

CRIMES REGULATIONS 1990 - REG 4B

                For paragraph 15HB (f) of the Act, the following requirements are specified:

                (a)    the participant must notify the chief officer of the relevant agency in writing, and as soon as practicable, of:

                          (i)    any conduct that:

                                   (A)     in the course of duty, for a controlled operation, he or she engages in; and

                                   (B)     is likely to result in legal proceedings against the participant, or the Commonwealth; and

                         (ii)    any proceedings arising in relation to liability that he or she may have incurred because of the conduct;

               (b)    in any proceedings, the participant must:

                          (i)    authorise the Commonwealth to control the conduct of the defence proceedings; and

                         (ii)    if the Commonwealth so requires, accept the Australian Government Solicitor or another nominated legal practitioner as his or her legal representative; and

                        (iii)    give, and authorise his or her legal representative to give, to the Commonwealth, all assistance and information required by the Commonwealth in relation to the conduct of the proceedings; and

                        (iv)    if an award of costs is made in his or her favour:

                                   (A)     take all steps directed by the Commonwealth to recover the award; and

                                   (B)     pay to the Commonwealth any recovered costs;

                (c)    the participant must not make any written or oral agreement to settle the proceedings, in full or in part, unless the terms of the agreement have been approved by the chief officer.