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ASSOCIATIONS INCORPORATION REFORM ACT 2012 (NO. 20 OF 2012) - SECT 86 Reliance on information or advice

ASSOCIATIONS INCORPORATION REFORM ACT 2012 (NO. 20 OF 2012) - SECT 86

Reliance on information or advice

    (1)     This section applies if the reasonableness of an office holder's reliance on information or advice given to the office holder arises in a proceeding brought to determine whether the office holder has performed a duty under this Act or an equivalent common law duty.

    (2)     Unless the contrary is proved, the office holder's reliance on the information or advice is taken to be reasonable if—

        (a)     the information or advice was given or prepared by—

              (i)     an employee of the incorporated association whom the office holder reasonably believed to be reliable and competent in relation to the matters concerned; or

              (ii)     a professional advisor or expert in relation to the matters that the office holder reasonably believed to be within that person's professional or expert competence; or

              (iii)     another office holder in relation to matters within the other office holder's authority; or

              (iv)     a sub-committee of the incorporated association of which the office holder was not a member in relation to matters within the sub-committee's authority; and

        (b)     the reliance was made—

              (i)     in good faith; and

              (ii)     after making an independent assessment of the information and advice, having regard to the office holder's knowledge of the incorporated association and the complexity and structure of the incorporated association.