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Section A12e: If things go wrong - litigation

1. Introduction

Help may be given to you if you are sued for damages, or are at risk of blame from a formal inquiry resulting from an action or alleged action taken by you during your work.

1.1 Meeting legal costs and damages

The establishment will, at its discretion, meet the reasonable costs of legal representation and meet the costs of any damages awarded against you, with the following conditions and exceptions applying:

1.1.1 Conditions

This applies if you:

  • have acting in the course of your employment
  • were undertaking duties for which you were properly accredited and trained, and
  • had acted in accordance with that training

1.1.2 Exceptions

The establishment will not meet the cost of:

  • representation for you if there are reasonable grounds for suspecting wilful or gross negligence by you, nor meet the cost of any damages awarded against you arising from wilful or gross negligence
  • legal representation or damages which are covered by insurance
  • legal representation or damages if you have been found to be guilty of wilful or gross negligence

Last updated 02/01/14
Amendment 167 - January 2014