Document ID: chunk:federal_register_of_legislation:C2004C01070:clause:2_15
Version: federal_register_of_legislation:C2004C01070
Segment Type: clause
Provision Reference: sch 2 cl 15
Character Range: 657872–659643

15  Power to grant relief

 (1) If:
 (a) civil proceedings are brought against an officer of a Commonwealth authority for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and
 (b) in the proceedings it appears to the court before which the proceedings are taken that:
 (i) the officer is or may be liable in respect of the negligence, default or breach; and
 (ii) the officer has acted honestly; and
 (iii) having regard to all the circumstances of the case (including those connected with the officer's appointment), the officer ought fairly to be excused for the negligence, default or breach;
the court may relieve the officer either wholly or partly from liability on the terms that the court thinks appropriate.

 (2) An officer of a Commonwealth authority who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subclause (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.

 (3) If:
 (a) a case to which subclause (1) applies is being tried by a judge with a jury; and
 (b) the judge after hearing the evidence is satisfied that the defendant ought pursuant to that subclause to be relieved either wholly or partly from the liability sought to be enforced against the officer;
the judge may withdraw the case in whole or in part from the jury and forthwith direct judgment to be entered for the defendant on the terms as to costs or otherwise that the judge thinks proper.