New South Wales Consolidated Acts

CHARITABLE FUNDRAISING ACT 1991 - SECT 38

38 Liability for losses incurred during administration

(1) An administrator appointed under this Division is not liable for any loss incurred by the organisation during the administrator’s term of office unless the loss was attributable to:

(a) wilful misconduct of the administrator, or

(b) gross negligence of the administrator, or

(c) wilful failure of the administrator to comply with any provision of this Act or the regulations or of the constitution of the organisation (in so far as any such provision of the constitution is applicable to the members of the governing body of the organisation).

(2) Neither the Crown nor the Minister is liable for any loss incurred by the organisation during the term of office of an administrator, whether or not the administrator is so liable.