96Granting approvals—the primary consideration

96  Granting approvals—the primary consideration

Provision of assistance is of some benefit to the responsible entity

 (1) In deciding whether to grant an approval, the decision-maker must take into account, as the primary consideration, that the provision of financial assistance would be of some benefit to the responsible entity.

Circumstances in which there would usually be a relevant benefit

 (2) The provision of financial assistance would generally be of some benefit to the responsible entity where it would protect:

 (a) the entity’s financial interests (in particular, its interest in avoiding or limiting any vicarious liability); or

 (b) the entity’s general interests (in particular, its interest in acting properly as an employer in supporting individuals who have acted reasonably and responsibly).

Circumstances in which there would usually not be a relevant benefit 

 (3) The provision of financial assistance would generally not be of some benefit to the responsible entity where it is likely that, if an action were to be brought against the entity in relation to the event or occurrence that gave rise to the proceeding to which this Part applies, the entity would seek a contribution or indemnity from the individual in question.

Note: Subsection (3) would be relevant where, for example, the individual’s conduct involved serious or wilful misconduct or culpable negligence.