Jenny Gale, Head of the State Service, message to all staff

Commission of Inquiry Indemnity and Legal support (27 Apr 2021)

Dear colleagues

As you are aware, on 23 November 2020 the Premier announced the Commission of Inquiry into the Tasmanian Government's Responses to Child Sexual Abuse in Institutional Settings.

Commission of Inquiry Indemnity and Legal support

Today, I want to assure you that if you are served a notice to appear before the Commission of Inquiry into Tasmanian Government’s Response to Child Sexual Abuse in Institutional Settings to give evidence, there is support for you (a Public Officer), and a process to follow to access that support.

Although this information may not impact you directly, it may impact your colleague, friend or a family member so it is important we all are across what to do in the event yourself or someone you know is served a Notice.

The full details of your rights and obligations in accessing indemnity and/or legal support can be found in the Policy and Guidelines for the Grant of Indemnities and Legal Assistance to Public Officers of the State of Tasmania (the Policy), Attachment 1 to Employment Direction No 16.

I want to take the opportunity to bring to your attention the main points of how this Employment Direction applies specifically to the Commission of Inquiry.

  • Under the Commissions of Inquiry Act 1995 (the Act) the Commission may serve a notice on a Public Officer to require that person to appear before it to give evidence.
  • The Act also provides that “a person appearing before the Commission may, with its permission, be represented by counsel.”
  • An Indemnity and Legal Assistance Panel for the commission has been established and is authorised to approve indemnity and/or legal assistance for a Public Officer.
  • The Department of Justice is the lead agency for the Commission. In reference to the Policy they are the ‘Responsible Officers’ that you need to notify if you receive a notice to appear before the Commission.
  • The email address to be used to notify them is inquiry@justice.tas.gov.au
  • It is important you follow the ‘full disclosure’ section of the Policy and provide all the information that is required.

Your Department will provide a specific Commission of Inquiry Indemnity and Legal Support information sheet that details what I have outlined above.

If you do receive a notice from the Commission, please reach out to your immediate supervisor or your Human Resource representative for support and next steps.

Further support available      

This may be a difficult and challenging time for anyone who is affected by the Commission's work.  If the Commission raises any issues for you, or you feel you would like to speak to someone, I encourage you to utilise the services that are available to you such as:

Yours sincerely

Jenny Gale Signature block
Jenny Gale
Head of the State Service
Secretary, Department of Premier and Cabinet
27 Apr 2021