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Damages or costs awarded against you in a civil action or proceeding will be paid.  This includes any sum required to be paid by the settlement of any claim.  The following conditions apply:

  • the alleged misconduct was committed in the performance of duties;
  • your conduct was not a gross disregard or neglect of your duties as an employee; and
  • you have given immediate notice to the Government of the action or proceeding.

You must immediately notify your Deputy Head upon becoming aware of any act or omission that could lead to a need for legal representation or result in a claim against the Government.  All information must be provided.  The Government may deny indemnity if your intentional delay prejudices the defence. 

The Department of Justice will provide legal representation (subject to existing insurance coverage and the prerogative of the insurer to provide counsel).  The counsel may be from within the Department of Justice or otherwise, at the Government's discretion.  The Government accepts full responsibility for the conduct of the action.  You must co-operate fully with the appointed counsel.