sec.38EOther matters relating to performance of a function or exercise of a power by statutory manager

### sec.38E Other matters relating to performance of a function or exercise of a power by statutory manager The expenses of and incidental to the conduct of the affairs and activities of a registered provider by a statutory manager are payable by the provider. The expenses include— the remuneration of the statutory manager if the statutory manager is not a public service employee; or the reimbursement of the State of an amount certified by the chief executive as being the remuneration of the employee for the period of the employee’s appointment as statutory manager. The amount mentioned in subsection (2) (b) may be recovered in a court of competent jurisdiction as a debt due to the State. A statutory manager is not liable for any loss incurred by the registered provider during the period of the statutory manager’s appointment unless the loss was attributable to the statutory manager’s— wilful misconduct; or gross negligence; or wilful failure to comply with this Act or a corresponding law or any other law regulating the conduct of members of the governing body of the provider. Neither the State nor the registrar is liable for any loss incurred by a registered provider during the period of a statutory manager’s appointment for the registered provider, whether or not the statutory manager is liable to the provider. s 38E ins 2013 No. 5 s 23 (sec.38E-ssec.1) The expenses of and incidental to the conduct of the affairs and activities of a registered provider by a statutory manager are payable by the provider. (sec.38E-ssec.2) The expenses include— the remuneration of the statutory manager if the statutory manager is not a public service employee; or the reimbursement of the State of an amount certified by the chief executive as being the remuneration of the employee for the period of the employee’s appointment as statutory manager. (sec.38E-ssec.3) The amount mentioned in subsection (2) (b) may be recovered in a court of competent jurisdiction as a debt due to the State. (sec.38E-ssec.4) A statutory manager is not liable for any loss incurred by the registered provider during the period of the statutory manager’s appointment unless the loss was attributable to the statutory manager’s— wilful misconduct; or gross negligence; or wilful failure to comply with this Act or a corresponding law or any other law regulating the conduct of members of the governing body of the provider. (sec.38E-ssec.5) Neither the State nor the registrar is liable for any loss incurred by a registered provider during the period of a statutory manager’s appointment for the registered provider, whether or not the statutory manager is liable to the provider. - (a) the remuneration of the statutory manager if the statutory manager is not a public service employee; or - (b) the reimbursement of the State of an amount certified by the chief executive as being the remuneration of the employee for the period of the employee’s appointment as statutory manager. - (a) wilful misconduct; or - (b) gross negligence; or - (c) wilful failure to comply with this Act or a corresponding law or any other law regulating the conduct of members of the governing body of the provider.