Commonwealth Consolidated Acts

FUTURE FUND ACT 2006 - SECT 65

    If:

  (a)   a Board member relies on information, or professional or expert advice, given or prepared by:

  (i)   a member of the staff of the Agency whom the Board member 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 Board member believes on reasonable grounds to be within the person's professional or expert competence; or

  (iii)   another Board member in relation to matters within the Board member's authority; or

  (iv)   a committee of Board members on which the Board member did not serve in relation to matters within the committee'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 Board member's knowledge of the Board and the complexity of the structure and operations of the Board; and

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

the Board member's reliance on the information or advice is taken to be reasonable unless the contrary is proved.