Document ID: chunk:federal_register_of_legislation:F2018C00409:clause:1_12
Version: federal_register_of_legislation:F2018C00409
Segment Type: clause
Provision Reference: sch 1 cl 12
Character Range: 76723–78104

12  Approval of expenditure for an employee's legal representation, for related costs or for legal costs payable by the employee to another party is only to be given for an amount that is reasonable, having regard to the nature of the matter. In particular, payments for counsel are to be made in accordance with the Directions on Engagement of Counsel, at Appendix D. The employing body will need to monitor the conduct of the proceedings to ensure that the employee's costs of legal representation and other related costs and the Commonwealth's possible ultimate exposure to liability are within reasonable limits. In addition, the employing body is to take appropriate steps to satisfy itself that any legal costs or damages payable by the employee to another party are reasonable.
Note: Even if there is no requirement to obtain legal advice in relation to a request for assistance, it may be appropriate in particular cases for an employing body to do so. In particular, this may be desirable to ensure that Commonwealth payments for an employee's legal representation are reasonable in the circumstances. Obtaining legal advice in appropriate cases may be consistent with the duty of accountable authorities to govern in a way that promotes the proper use and management of public resources (see section 15 of the Public Governance, Performance and Accountability Act 2013).