Legal Protection2023-06-16T14:23:49+10:00

What is: Legal Protection

What to do when legal action is taken against you

Sometimes the decisions or actions of managers are legally challenged. In these instances, Metro North Health assesses whether or not to grant indemnity. If indemnity is granted, we will organise and pay for a lawyer to defend the manager and pay any damages the manager is ordered to pay.

Contents

    How do I get indemnity?

    It’s important to apply for indemnity as soon as you become aware that legal action is being taken. Applications are made to the Chief Executive of Metro North Health using Schedule 1 of the Queensland Government Indemnity Guideline.

    Note that assessments for indemnity can take some time.

    What do I need to do if I’m granted indemnity?

    • Fully cooperate with Metro North Health and any lawyers they appoint. Follow all of their instructions.
    • Be honest and accurate. Disclose to the legal team anything you did, or did not do, that might be helpful.
    • Maintain confidentiality.
    • Behave professionally

    Can indemnity be withdrawn?

    In rare circumstances indemnity can be withdrawn. This is normally only when:

    • you behaved well outside the standards expected of Queensland Government employees i.e. you did not act ’in good faith’ and were negligent
    • you engaged in a crime
    • you don’t cooperate during the indemnity process.

    Does indemnity cover all costs?

    Indemnity normally covers all costs associated with a lawsuit unless you behaved in an inappropriate way.

    What if I’m found to have committed a crime?

    You cannot be indemnified for any criminal activity.

    Other indemnity

    Other organisations may offer you indemnity, including:

    • your union
    • a professional association
    • private insurers.

    Refer to their indemnity provisions for more information.

    Useful links

    Essential Contacts

    Metro North Legal

    QHEPS:           Metro North Legal Services (health.qld.gov.au)

    Location:         Level 13, Block 7, Herston Health Precinct

    Ph:                    3647 9546

    Email:              LegalMetroNorth@health.qld.gov.au

     

    Values in Action

    Updated: June 2023

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