(9) Refer (8). It has not been possible to break this figure down between damages and costs.

(10) In regards to contingency plans for litigation, insurance policies put in place by ACTIA give agencies protection from litigated claims arising from public liability, professional liability and medical malpractice incidents.

(11) The authorisation of the limit a department or statutory authority may commit toward litigation depends on the nature of the litigation. If the litigation is in respect of insurable events such as public liability and medical indemnity, Directors and Officers liability and professional indemnity, then the decision to defend in court or settle rests with either Treasury or the Insurance Authority (ACTIA).

Where the event is covered by policies written by ACTIA, the Authority as the insurer makes the final decision on undertaking litigation, as the costs and risks rests with the insurer it must make the business decision.

If the litigation is in respect of insurable events not covered by ACTIA policies (generally for events that occurred prior to 1 July 1997), then the final decision rests with Treasury. In each case, the decision is reached after advice from the Government Solicitor and the Department concerned. For cases where large amounts are involved, the GSO seeks advice from legal counsel and where appropriate medical experts.

(12) Model Litigant guidelines are currently in draft, but as they are under review they have not yet been adopted. Currently, and until adoption of the guidelines, decisions regarding settlement are assessed on a case-by-case basis by individual agencies with guidance on legal issues usually supplied by the Government Solicitor's Office.