Education and Care Services Act 2013

An executive officer of a corporation commits an offence if—

the corporation commits an offence against an executive liability provision; and

the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.

In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1)(b), a court must have regard to—

whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and

whether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and

any other relevant matter.

The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision.

This section does not affect any of the following—

the liability of the corporation for the offence against the executive liability provision;

the liability, under section 233, of the executive officer for the offence against the executive liability provision;

the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision.

In this section—