Document ID: chunk:federal_register_of_legislation:F2021C00429:reg:10
Version: federal_register_of_legislation:F2021C00429
Segment Type: reg
Provision Reference: reg 10
Character Range: 18264–20170

10  Requirements for indemnification of authorised persons
  For the purposes of paragraph 15KS(2)(c) of the Act, the following requirements are prescribed:
 (a) the authorised person must notify the chief officer who granted the authority in writing, and as soon as practicable, of:
 (i) anything done by the authorised person, in the course of acquiring or using an assumed identity, that is likely to result in legal proceedings against the authorised person or the Commonwealth; and
 (ii) any proceedings arising in relation to liability that the authorised person may have incurred because of anything done by the authorised person in the course of acquiring or using an assumed identity;
 (b) in any proceedings in relation to anything done by the authorised person in the course of acquiring or using an assumed identity, the authorised person must:
 (i) authorise the Commonwealth to control the conduct of the defence; and
 (ii) if the Commonwealth requires—accept the Australian Government Solicitor or another nominated legal practitioner as the authorised person's legal representative; and
 (iii) give, and authorise the authorised person's 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 the authorised person's favour—take all steps directed by the Commonwealth to recover the award; and
 (v) if the authorised person recovers any costs—pay the recovered costs to the Commonwealth;
 (c) the authorised person must not make any written or oral agreement to settle any proceedings in relation to anything done by the authorised person in the course of acquiring or using an assumed identity, in full or in part, unless the terms of the agreement have been approved by the chief officer.

Part 5—Witness identity protection for operatives