ASSOCIATIONS INCORPORATION ACT 1985 - SECT 39AB

ASSOCIATIONS INCORPORATION ACT 1985 - SECT 39AB

39AB—Reliance on information or advice provided by others

If an officer of an incorporated association—

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

                  (i)         an employee of the association whom the officer 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 officer believes on reasonable grounds to be within the person's professional or expert competence; or

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

                  (iv)         a subcommittee of officers on which the officer did not serve in relation to matters within the subcommittee'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 officer's knowledge of the association and the complexity of the structure and operations of the association; and

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

the officer's reliance on the information or advice is, in the absence of proof to the contrary, taken to be reasonable.