Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_292
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 292
Character Range: 373249–374441

292  Reliance on information or advice provided by others

  If:
 (a) an officer relies on information, or professional or expert advice, given or prepared by:
 (i) an employee of the organisation or the branch 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 in relation to matters within the officer's authority; or
 (iv) a collective body on which the officer did not serve in relation to matters within the collective body's authority; and
 (b) the reliance was made:
 (i) in good faith; and
 (ii) after making proper inquiry if the circumstances indicated the need for inquiry; 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 Part or an equivalent duty at common law or in equity;
the officer's reliance on the information or advice is taken to be reasonable unless the contrary is proved.