Additional criteria for reimbursement
3 Additional criteria for reimbursement
The additional criteria for reimbursement are—
the
Government employee, Government Board appointee, Minister or Member of Parliament has not been convicted of an offence as a result of the relevant ICAC investigation; and
the
Crown Solicitor (or some other person authorised by the Crown
Solicitor) has, in writing—
advised the Government employee, Government Board appointee, Minister or
Member of Parliament that they will not be represented by the Crown
Solicitor for the purposes of responding to or participating in the relevant ICAC investigation (or the Crown Solicitor considers that it was appropriate in all the circumstances for the Government employee, Government Board appointee, Minister or Member of
Parliament not to approach the Crown Solicitor before obtaining legal representation); and
agreed that the legal representation of the Government employee, Government
Board appointee, Minister or Member of Parliament for the purposes of responding to or participating in the proceedings or investigation is or was reasonably required; and
the
Crown Solicitor (or some other person authorised by the Crown
Solicitor) has, in writing, certified that the costs to be reimbursed are reasonable; and
the
Government employee, Government Board appointee, Minister or Member of Parliament is not indemnified in relation to those costs (including by the State of South Australia (through SAICorp or another agency), or under a policy of insurance) and is not entitled to assistance pursuant to the Department of Health Professional
Indemnity (Medical Malpractice) Program; and
the
Government employee, Government Board appointee, Minister or Member of Parliament has assigned to the Crown in the right of the State of
South Australia any right to recover the costs to be reimbursed from any other party.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.