New South Wales Consolidated Acts

HUNTER DISTRICT WATER BOARD EMPLOYEES' PROVIDENT FUND (SPECIAL PROVISIONS) ACT 1987 - SECT 5

5 Protection of certain persons from liability for breaches of trust etc

(1) Where, but for this subsection, the trustees of the Provident Fund are or could be liable for a breach of trust arising from:

(a) the payment from the Provident Fund in good faith of contributions made to that Fund by the Water Board in respect of transferred contributors, or

(b) the payment to the Retirement Fund of contributions made to the Provident Fund by transferred contributors and the termination of rights of those transferred contributors in respect of their membership of the Provident Fund,

those trustees are, despite any enactment or rule of law to the contrary, absolved from that liability.

(2) Subsection (1) applies in respect of a breach committed either before the commencement of this Act or, for the purpose only of giving effect to this Act, after that commencement.

(3) Where, but for this subsection, the Water Board or any employee of the Water Board is or could be liable for any act or thing done or omitted to be done in good faith before the passing of this Act in relation to the contributions made to the Provident Fund by the Water Board in respect of transferred contributors, the Water Board and any such employee are, despite any enactment or rule of law to the contrary, absolved from that liability.