23. Insurance obtained by corporate Commonwealth entities

Guide to this section

The purpose of this section is to restrict corporate Commonwealth entities from insuring officials of the entity against liabilities relating to breach of duty.

This section is made for section 62 of the Act.

(1) A corporate Commonwealth entity must not insure an official of the entity against a liability (other than one for legal costs) arising out of:

(a) conduct involving a wilful breach of duty, arising at common law, in equity or under the finance law (other than section 27 or 28 of the Act), in relation to the entity; or

(b) a contravention of section 27 or 28 of the Act (which deal with the duties of officials in relation to use of position and use of information).

(2) Anything that purports to insure a person against, or exempt a person from, a liability is void to the extent that it contravenes this section.

Last updated: 13 January 2016