Section 25. Duty of care and diligence

(1) An official of a Commonwealth entity must exercise his or her powers, perform his or her functions and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if the person:

(a) were an official of a Commonwealth entity in the Commonwealth entity’s circumstances; and

(b) occupied the position held by, and had the same responsibilities within the Commonwealth entity as, the official.

(2) The rules may prescribe circumstances in which the requirements of subsection (1) are taken to be met.

Related glossary terms: 

Last updated: 24 November 2016