Commonwealth Numbered Acts

SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 No. 78, 1993 - SECT 310

310.(1) If, in a civil proceeding against a superannuation 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 judgement to be
        entered for the superannuation official on such terms as to costs or
        otherwise as the judge thinks proper. Where claim yet to be made

(4) If a superannuation 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 a corporate trustee, means:

   (a)  a responsible officer or employee of the corporate trustee; or

   (b)  a receiver, or receiver and manager, of property of the body, where
        the property is beneficially owned by the corporate trustee; or

   (c)  an official manager or deputy official manager of the
        corporate trustee; or

   (d)  a liquidator or provisional liquidator of the corporate trustee; or

   (e)  a trustee or other person administering a compromise or arrangement
        made between the corporate trustee and another person or other
        persons;

"official misconduct" means negligence, default, breach of trust or breach of
duty;

"superannuation official" means:

   (a)  a trustee of a superannuation entity; or

   (b)  an officer of a corporate trustee of a superannuation entity; or

   (c)  an auditor of a superannuation entity; or

   (d)  an actuary of a superannuation entity.
Special meaning of "employee"
(6) The meaning of the expression "employee", when used in this section, is to
be determined as if subsections 12(3) and (8) of the Superannuation  Guarantee
(Administration) Act 1992 had not been enacted. (Those subsections deem
certain contractors to be employees.)