Insurance Act 1973

An action, suit or proceeding (whether criminal or civil) does not lie against a person in relation to anything done, or omitted to be done, in good faith by the person if:

the person does the thing, or omits to do the thing, for the purpose of any of the following:

complying with a direction under this Act given by APRA to a body corporate;

complying with section 109A (secrecy) in relation to a direction under this Act given by APRA to a body corporate; and

it is reasonable for the person to do the thing, or to omit to do the thing, in order to achieve that purpose; and

the person is any of the following:

an officer or senior manager of the body corporate, or of a member of a relevant group of bodies corporate of which the body corporate is also a member;

an employee or agent of the body corporate, or of a member of a relevant group of bodies corporate of which the body corporate is also a member;

the body corporate or a member of a relevant group of bodies corporate of which the body corporate is also a member.

For the purposes of paragraph (1)(b), treat it as reasonable for a person to do a thing, or to omit to do a thing, in order to achieve a purpose unless no reasonable person in that person’s position would do the thing, or omit to do the thing, in order to achieve that purpose.

In this section: