Interim payments
6 Interim payments
Prior to the finalisation of a relevant investigation, a Government employee, Government Board appointee, Minister or Member of Parliament may be reimbursed on an interim basis for costs they have incurred associated with their engagement of an independent legal practitioner, where—
the Government employee, Government Board appointee, Minister or
Member of Parliament enters into a legally enforceable agreement with appropriate security for repayment of any reimbursement in the event that—
in the case of a Government employee or Government Board appointee—a material adverse finding is later made against the
Government employee or Government Board appointee as a result of the relevant investigation; or
in the case of a Minister or Member of Parliament—the
Minister or Member of Parliament is later convicted of an offence as a result of the relevant investigation; and
the criteria for reimbursement set out in this Policy are otherwise satisfied.
A Government employee, Government Board appointee, Minister or
Member of Parliament seeking an interim payment of legal fees must do so in accordance with the procedure for reimbursement set out in this
Policy.
A refusal by the Attorney‑General (or their nominee) to approve an interim payment does not prevent a Government employee, Government
Board appointee, Minister or Member of Parliament from seeking reimbursement in accordance with this Policy following the finalisation of the relevant investigation.
If the Crown Solicitor certifies that costs in excess of $100 000 are likely to be incurred by a Government employee, Government Board appointee,
Minister or Member of Parliament in respect of a relevant investigation, the
Attorney-General must not refuse to approve interim payments on the making of an application in accordance with the requirements of this clause.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.