31DReliance on information or advice

31D Reliance on information or advice

[Section 31D Inserted by No. 38 of 2022, s. 10, Applied:30 Nov 2022] If –

(a) a member of the Board or an officer of the Authority relies on information, or professional or expert advice, given or prepared by –

(i) an employee of the Authority who the member of the Board or 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 member of the Board or officer believes on reasonable grounds to be within the person's professional or expert competence; or

(iii) another member of the Board or officer in relation to matters within that member of the Board's or officer's authority; or

(iv) a committee on which the member of the Board or officer did not serve in relation to matters within the committee's authority; and

(b) the reliance was made –

(i) in good faith; and

(ii) after making an independent assessment of the information or advice, having regard to the member of the Board's, or the officer's, knowledge of the Authority and the complexity of the structure and operations of the Authority; and

(c) the reasonableness of the member of the Board's or officer's reliance on the information or advice arises in proceedings brought to determine whether a member of the Board or an officer has performed a duty under this Act or an equivalent general law duty –

the member of the Board's or officer's reliance on the information or advice is taken to be reasonable unless the contrary is proved.