Retirement Savings Accounts Act 1997

PART 13 - POWERS OF COURTS  

SECTION 158   POWER TO GRANT RELIEF  

158(1)   Court may relieve liability for misconduct.  

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.

158(2)   Basis for granting relief.  

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.

158(3)   Withdrawal of case from jury.  

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.

158(4)   Where claim yet to be made.  

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.

158(5)   Definitions.  

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 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.

158(6)   Special meaning of employee .  

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.