Document ID: chunk:federal_register_of_legislation:C2024C00345:section:285
Version: federal_register_of_legislation:C2024C00345
Segment Type: section
Provision Reference: s 285
Character Range: 433319–435106

285  Care and diligence—civil obligation only
 (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:
 (a) were an officer of an organisation or a branch in the organisation's circumstances; and
 (b) occupied the office held by, and had the same responsibilities within the organisation or a branch as, the officer.
Civil penalty: 100 penalty units, or 1,200 penalty units for a serious contravention.
 (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:
 (a) makes the judgment in good faith for a proper purpose; and
 (b) does not have a material personal interest in the subject matter of the judgment; and
 (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and
 (d) rationally believes that the judgment is in the best interests of the organisation.
The officer's belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.
Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.