Public Governance, Performance and Accountability Act 2013

CHAPTER 2 - COMMONWEALTH ENTITIES AND THE COMMONWEALTH  

PART 2-2 - ACCOUNTABLE AUTHORITIES AND OFFICIALS  

Division 3 - Officials  

Subdivision A - General duties of officials  

SECTION 25   DUTY OF CARE AND DILIGENCE  

25(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.

25(2)    
The rules may prescribe circumstances in which the requirements of subsection (1) are taken to be met.




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