ASSOCIATIONS INCORPORATION ACT 1985 - SECT 39B

ASSOCIATIONS INCORPORATION ACT 1985 - SECT 39B

39B—Provisions indemnifying officers or auditors

        (1)         Any provision, whether contained in the rules of an incorporated association or in a contract with the association or otherwise, exempting any officer or auditor of the association from, or indemnifying him or her against, any liability to the association that by law would otherwise attach to him or her in respect of any negligence, default, breach of duty or breach of trust of which he or she may be guilty in relation to the association, is void.

        (2)         Notwithstanding anything in this section, an incorporated association may, pursuant to its rules or otherwise, indemnify an officer or auditor against any liability incurred by him or her in defending any proceedings, whether civil or criminal, in which judgment is given in his or her favour or in which he or she is acquitted.

        (3)         Subsection (1) does not apply in respect of a contract of insurance.