Crimes Regulations 2019

PART 3 - CONTROLLED OPERATIONS  

SECTION 8  

8   REQUIREMENTS FOR INDEMNIFICATION OF PARTICIPANTS AGAINST CIVIL LIABILITY  
For the purposes of paragraph 15HB(f) of the Act, the following requirements are specified:

(a) the participant must notify the chief officer of the authorising agency for the controlled operation in writing, and as soon as practicable, of:

(i) any conduct in which the participant engages, in the course of and for the purposes of the controlled operation, that is likely to result in legal proceedings against the participant or the Commonwealth; and

(ii) any proceedings arising in relation to liability that the participant may have incurred because of conduct engaged in by the participant in the course of, and for the purposes of, the controlled operation;

(b) in any proceedings in relation to conduct engaged in by the participant in the course of, and for the purposes of, the controlled operation, the participant 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 participant ' s legal representative; and

(iii) give, and authorise the participant ' 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 participant ' s favour - take all steps directed by the Commonwealth to recover the award; and

(v) if the participant recovers any costs - pay the recovered costs to the Commonwealth;

(c) the participant must not make any written or oral agreement to settle any proceedings in relation to conduct engaged in by the participant in the course of, and for the purposes of, the controlled operation, in full or in part, unless the terms of the agreement have been approved by the chief officer of the authorising agency.