Document ID: chunk:federal_register_of_legislation:F2018C00409:clause:1_6
Version: federal_register_of_legislation:F2018C00409
Segment Type: clause
Provision Reference: sch 1 cl 6
Character Range: 73168–73845

6  The criteria in paragraph 5 (b) do not preclude the provision of assistance under the Directions to an employee who has acted, or is alleged to have acted, negligently (ie failed to exercise the legal standard of 'reasonable care' owed in the circumstances). Rather, the criteria are intended to preclude the provision of assistance in circumstances where the Commonwealth is likely to seek contribution or indemnity from the employee if the Commonwealth were itself sued in relation to the same matter. A decision to seek contribution or indemnity will normally be appropriate only where the employee's conduct involved serious or wilful misconduct or culpable negligence.