Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) A territory authority must not exempt a governing board member (whether directly or through another entity) from liability to the authority.
(2) A territory authority must not indemnify a governing board member (whether directly or through another entity and whether by agreement or by making a payment) against any of the following liabilities incurred as a board member:
(a) a liability owed to the authority;
(b) a liability owed to someone other than the authority that did not arise from honest conduct.
(3) A territory authority must not indemnify a governing board member (whether directly or through another entity and whether by agreement or by making a payment) against legal costs incurred as a member if the costs are incurred—
(a) in defending or resisting a proceeding if the person is found to have a liability for which the person could not be indemnified under subsection (2); or
Note A governing board member is not personally liable for certain acts done or omissions made honestly and without recklessness (see s 90).
(b) in defending or resisting a criminal proceeding in which the person is found guilty.
(4) In this section:
"authority" includes a subsidiary (if any) of the authority.