Commonwealth Consolidated Acts

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COMMONWEALTH AUTHORITIES AND COMPANIES ACT 1997 - SECT 27D

Reliance on information or advice provided by others

                   If:

                     (a)  a director relies on information, or professional or expert advice, given or prepared by:

                              (i)  an employee of the Commonwealth authority whom the director believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or

                             (ii)  a professional adviser or expert in relation to matters that the director believes on reasonable grounds to be within the person's professional or expert competence; or

                            (iii)  another director or officer in relation to matters within the director's or officer's authority; or

                            (iv)  a committee of directors on which the director did not serve in relation to matters within the committee's authority; and

                     (b)  the reliance was made:

                              (i)  in good faith; and

                             (ii)  after making an independent assessment of the information or advice, having regard to the director's knowledge of the authority and the complexity of the structure and operations of the authority; and

                     (c)  the reasonableness of the director's reliance on the information or advice arises in proceedings brought to determine whether a director has performed a duty under this Division or an equivalent general law duty;

the director's reliance on the information or advice is taken to be reasonable unless the contrary is proved.



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