Commonwealth Numbered Regulations

PARLIAMENTARY ENTITLEMENTS REGULATIONS (AMENDMENT) 1998 No. 269 - REG 5

5.1 Add at the end:

"Part 3-LEGAL ASSISTANCE TO MINISTERS

"Division 1-Preliminary Definitions

"5. In this Part, unless the contrary intention appears: approving Minister
has the meaning given by regulation 7. applicant means a person who is, or has
been on or after 24 May 1990, a Minister. ministerial duties means duties or
conduct arising from occupying the office of Minister. proceedings means:

   (a)  a claim for damages or compensation against an applicant; or

   (b)  a prosecution of an applicant; or

   (c)  proceedings, in which damages or compensation are not claimed, that
        are brought against an applicant before a court, tribunal, person or
        body that may award damages or compensation; or

   (d)  a claim that an applicant has a legal liability and should take some
        resulting action; or

   (e)  an inquiry into matters involving an applicant or the conduct of an
        applicant (but not a challenge to the validity or conduct of the
        inquiry); or

   (f)  a threat to start proceedings mentioned in paragraph (b) or (c).
        Secretary means the Secretary to the Attorney-General's Department.
        subpoena includes a summons or other compulsory process to appear to
        give evidence or to produce documents. Application of Part

"6. This Part applies to proceedings, or a subpoena received by an applicant
related to his or her ministerial duties, in relation to a matter happening on
or after 24 May 1990.

"Division 2-Assistance Approving Minister

"7. (1) For an application for assistance under regulation 9, the approving
Minister is the Attorney-General unless subregulation (2), (3) or (4) applies.

"(2) If the Attorney-General is involved and the Prime Minister is not
involved, the approving Minister is the Prime Minister.

"(3) If the Prime Minister and the Attorney-General are involved in the same
matter, the approving Minister is the Minister for Finance and Administration.

"(4) If the Prime Minister, the Attorney-General and the Minister for Finance
and Administration are involved in the same matter, the approving Minister is
another Minister, who is not involved in the matter, appointed by the Prime
Minister.

"(5) If all Ministers are involved in the matter, the approving Minister is
the Attorney-General. Application for assistance

"8. An applicant may apply in writing to the approving Minister for assistance
under regulation 9. Assistance to an applicant

"9. (1) For subsection 5 (1) of the Act, subject to this Part, the approving
Minister may approve payment by the Commonwealth of:

   (a)  the costs of an applicant's legal representation in relation to
        proceedings and other costs related to proceedings; and

   (b)  damages or costs awarded against an applicant; and

   (c)  a reasonable amount payable by an applicant in the settlement of
        proceedings; and

   (d)  a fine or penalty imposed on an applicant; and

   (e)  the costs of legal representation in responding to a subpoena and
        other costs related to providing a response to a subpoena.

"(2) Assistance is payable in accordance with the approval, subject to these
Regulations.

"(3) Assistance extends to the payment of costs for an appeal against, or a
review of, a decision in proceedings for which the approval was given.

"(4) The approving Minister may reduce the amount of assistance payable if the
approving Minister is satisfied that the applicant has breached these
Regulations or a condition of the approval.

"(5) The approving Minister may defer making a decision whether to approve
payment of assistance in whole or part until the proceedings reach a point at
which the approving Minister considers it appropriate to make the decision.

"(6) Assistance approved in relation to the defence of an indictable offence
must be limited initially to the preparation and conduct of committal
proceedings.

"(7) Assistance for payment of a fine or penalty imposed or costs awarded
against the applicant in criminal proceedings must not be approved until the
fine or penalty is imposed or the costs are awarded. Consideration by
approving Minister

"10. (1) Before giving approval under regulation 9, the approving Minister
must:

   (a)  consult other Ministers in accordance with arrangements approved by
        the Prime Minister; and

   (b)  for proceedings mentioned in paragraph (e) of the definition in
        regulation 5 of proceedings-be satisfied that:

        (i)    the inquiry relates to the performance by an applicant of
               ministerial duties; and

        (ii)   it is appropriate to give assistance; and

   (c)  for proceedings other than those mentioned in paragraph (b)-be
        satisfied that:

        (i)    the proceedings relate to actual or alleged performance or
               non-performance by the applicant of ministerial duties and the
               applicant acted reasonably and responsibly in relation to the
               matters giving rise to the proceedings; or

        (ii)   the proceedings arose only because the applicant is, or has
               been, the holder of the office of Minister.

"(2) Approval must not be given for assistance for proceedings that have
arisen out of a motor vehicle incident for which:

   (a)  the applicant's liability is insured; or

   (b)  the approving Minister considers that the applicant's liability should
        reasonably have been insured.

"(3) Approval may be refused if there has been unreasonable delay in applying
for assistance. Revocation of approval

"11. (1) An approval under regulation 9 may be revoked by the approving
Minister, by notice given to the applicant:

   (a)  so far as it provides for expenditure to be incurred, after the notice
        is given, for costs of an appeal or review; or

   (b)  if the approving Minister is satisfied that the applicant has breached
        a condition of the approval.

"(2) Where the grounds mentioned in paragraph (1) (b) exist:

   (a)  all or part of the approval may be revoked; and

   (b)  the applicant may be required to repay all or part of any money paid
        under the approval after the condition was breached. Other
        arrangements

"12. (1) These Regulations do not affect an applicant's eligibility for
assistance other than under these Regulations.

"(2) However, in considering whether to approve assistance under these
Regulations or the amount of assistance, the approving Minister may take into
account any payment received or receivable by the applicant other than under
these Regulations.

"Division 3-Conditions Control by Commonwealth

"13. If an approval under paragraph 9 (1) (b) or (c) has been given, the
Commonwealth may control the conduct of the defence of the proceedings.
Assistance by applicant

"14. The applicant must give to the Commonwealth the assistance that it
requests in exercising its control under regulation 13. General conditions

"15. (1) An approval under regulation 9 may be subject to the condition that
the Australian Government Solicitor or another nominated legal practitioner
will represent the applicant.

"(2) An approval may be subject to other conditions imposed by the approving
Minister at any time.

"(3) The costs of an applicant's legal representation and other related costs
will be paid only so far as they are certified by the Secretary, or another
officer designated by the Secretary, to be reasonable. Recovery of costs

"16. (1) An approval under regulation 9 for the Commonwealth to arrange for
the defence of an applicant is subject to the condition that, if an award of
costs is made in the applicant's favour, the applicant must take all steps
directed by the Commonwealth to recover the costs and must pay to the
Commonwealth any costs recovered.

"(2) The approval includes approval for the payment of the reasonable expense,
certified by the Secretary or another officer designated by the Secretary, of
the steps reasonably taken or directed to be taken by the applicant to recover
those costs.

"Division 4-Monitoring and reporting Monitoring

"17. The Secretary or another officer designated by the Secretary must:

   (a)  monitor strategies adopted by an applicant in legal proceedings for
        which assistance under regulation 9 has been approved; and

   (b)  inform the approving Minister if the Secretary or the other officer
        considers that proposed expenditure on the proceedings is
        unreasonable. Reporting

"18. The Attorney-General must:

   (a)  inform the Parliament of each decision to pay assistance under this
        Part, including reasons for the decision and any limits on
        expenditure, as soon as possible; and

   (b)  within 3 months after the end of each financial year, table a
        consolidated statement of expenditure under this Part for that year,
        specifying the expenditure for each matter.".