Commonwealth Numbered Acts

RETIREMENT SAVINGS ACCOUNTS ACT 1997 No. 61, 1997 - SECT 158

Court may relieve liability for misconduct

(1) If, in a civil proceeding against an RSA official for official misconduct
in a capacity as such a person, it appears to the court that the official is
or may be liable in respect of the official misconduct, the court may, if
subsection (2) is satisfied, relieve the official either wholly or partly from
the liability, on such terms as the court thinks fit.

Basis for granting relief

(2) The court may only relieve the official from the liability if it appears
to the court that:

   (a)  the official has acted honestly; and

   (b)  having regard to all the circumstances of the case, including those
        connected with the official's appointment, he or she ought fairly to
        be excused for the official misconduct.

Withdrawal of case from jury

(3) If:

   (a)  the case is being tried by a judge with a jury; and

   (b)  after hearing the evidence, the judge is satisfied that relief ought
        to be given under subsection (1); the judge may withdraw the case in
        whole or in part from the jury and immediately direct judgment to be
        entered for the RSA official on such terms as to costs or otherwise as
        the judge thinks proper.

Where claim yet to be made

(4) If an RSA official has reason to believe that a claim will or might be
made against the official in respect of any official misconduct in a capacity
as such a person:

   (a)  the official may apply to the Court for relief; and

   (b)  the Court has the same power to grant relief as it would have under
        subsection (1) if it had been a court before which proceedings against
        the official for official misconduct had been brought.

Definitions

(5) In this section:
officer in relation to an RSA provider, means:

   (a)  a responsible officer or employee of the RSA provider; or

   (b)  a receiver, or receiver and manager, of property of the RSA provider;
        or

   (c)  an official manager, deputy official manager or administrator of the
        RSA provider; or

   (d)  a liquidator or provisional liquidator of the RSA provider; or

   (e)  a trustee or other person administering a compromise or arrangement
        made between the RSA provider and another person or other persons.
official misconduct means negligence, default, breach of trust or breach of
duty.
RSA official means:

   (a)  an officer of an RSA provider; or

   (b)  an auditor of an RSA provider.

Special meaning of employee

(6) The meaning of employee, when used in this section, is to be determined as
if subsections (3) and (8) of the definition in section  19 had not been
enacted. Those subsections deem certain contractors to be employees.