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CASA Board and it’s duties under CAC Act??

The CASA Board has a series of responsibilities to the aviation community that fall under the COMMONWEALTH AUTHORITIES AND COMPANIES ACT 1997 [CAAC Act, CAC Act], which has become the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014  [It moves from 90 to 474 pages]

The repeal of the “CAAC Act” covers some important omissions including:

8 Use of position—civil obligations
Despite the repeal of section 24 of the CAC Act (which deals with the use of position), that section continues to apply after the commencement time in relation to an officer or employee of a Commonwealth authority who, before that time, uses his or her position to gain an advantage, or cause a detriment (even if the advantage is not gained or the detriment is not caused until after the commencement time).


 

Division 4—Conduct of officers
21 Background to duties of directors, other officers and employees
(1) This Part sets out some of the most significant duties of officers and employees of Commonwealth authorities. Other duties are imposed by other provisions of this Act and other laws (including the general law).
(2) Section 5 defines both director and officer.

22 Care and diligence—civil obligation only
Care and diligence—officers
(1) An officer of a Commonwealth authority must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:
(a) were an officer of a Commonwealth authority in the Commonwealth authority’s circumstances; and
(b) occupied the office held by, and had the same responsibilities within the Commonwealth authority as, the officer.
Note: This subsection is a civil penalty provision (see Schedule 2).

Business judgement rule
(2) An officer of a Commonwealth authority who makes a business judgement is taken to meet the requirements of subsection (1), and
their equivalent duties under the general law, in respect of the judgement if he or she:
(a) makes the judgement in good faith for a proper purpose; and
(b) does not have a material personal interest in the subject matter of the judgement; and
(c) informs himself or herself about the subject matter of the judgement to the extent he or she reasonably believes to be appropriate; and
(d) rationally believes that the judgement is in the best interests of the Commonwealth authority.
The officer’s belief that the judgement is in the best interests of the Commonwealth authority is a rational one unless the belief is one that no reasonable person in his or her position would hold.
Note: This subsection only operates in relation to duties under this section and their equivalents under the general law (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.
(3) In this section:
business judgement means any decision to take or not take action in respect of a matter relevant to the operations of the Commonwealth authority.

23 Good faith—civil obligations
Good faith—officers
(1) An officer of a Commonwealth authority must exercise his or her powers and discharge his or her duties:
(a) in good faith in the best interests of the Commonwealth authority; and
(b) for a proper purpose.
Note 1: This subsection is a civil penalty provision (see Schedule 2).
Note 2: Section 187 of the Corporations Act 2001 deals with the position of directors of wholly-owned subsidiaries of  Commonwealth authorities.
Note 3: Section 27A makes provision for persons who are also APS employees or Agency Heads.
(2) A person who is involved in a contravention of subsection (1) contravenes this subsection.
Note 1: Section 5 defines involved.
Note 2: This subsection is a civil penalty provision (see Schedule 2).
Note 3: Section 27A makes provision for persons who are also APS employees or Agency Heads.

Section 24
20 Commonwealth Authorities and Companies Act 1997
24 Use of position—civil obligations
Use of position—officers and employees
(1) An officer or employee of a Commonwealth authority must not improperly use his or her position to:
(a) gain an advantage for him or her or someone else; or
(b) cause detriment to the Commonwealth authority or to another person.
Note 1: Section 27A makes provision for persons who are also APS employees or Agency Heads.
Note 2: This subsection is a civil penalty provision (see Schedule 2).
(2) A person who is involved in a contravention of subsection (1) contravenes this subsection.
Note 1: Section 5 defines involved.
Note 2: This subsection is a civil penalty provision (see Schedule 2).

25 Use of information—civil obligations
Use of information—officers and employees
(1) A person who obtains information because they are, or have been, an officer or employee of a Commonwealth authority must not improperly use the information to:
(a) gain an advantage for himself or herself or someone else; or
(b) cause detriment to the Commonwealth authority or to another person.
Note 1: Section 27A makes provision for persons who are also APS employees or Agency Heads.
Note 2: This duty continues after the person stops being an officer or employee of the Commonwealth authority.
Note 3: This subsection is a civil penalty provision (see Schedule 2).
(2) A person who is involved in a contravention of subsection (1) contravenes this subsection.
Note 1: Section 5 defines involved.
Note 2: This subsection is a civil penalty provision (see Schedule 2).

26 Good faith, use of position and use of information—criminal offences
Good faith—officers
(1) An officer of a Commonwealth authority commits an offence if he or she:
(a) is reckless; or
(b) is intentionally dishonest;
and fails to exercise his or her powers and discharge his or her duties:
(c) in good faith in what he or she believes to be in the best interests of the Commonwealth authority; or
(d) for a proper purpose.
Note: Section 187 of the Corporations Act 2001 deals with the position of directors of wholly-owned subsidiaries of Commonwealth authorities.
Penalty for a contravention of this subsection: 2,000 penalty units or imprisonment for 5 years, or both.

Use of position—officers and employees
(2) An officer or employee of a Commonwealth authority commits an offence if he or she uses his or her position dishonestly:
(a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the Commonwealth authority or to another person; or
(b) recklessly as to whether the use may result in him or her or someone else directly or indirectly gaining an advantage, or
in causing detriment to the Commonwealth authority or to another person.
Penalty for a contravention of this subsection: 2,000 penalty units or imprisonment for 5 years, or both.

(3) A person who obtains information because he or she is, or has been, an officer or employee of a Commonwealth authority
commits an offence if he or she uses the information dishonestly:
(a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the Commonwealth authority or to another person; or
(b) recklessly as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or in causing detriment to the Commonwealth authority or to another person.
Penalty for a contravention of this subsection: 2,000 penalty units or imprisonment for 5 years, or both.

27B Interaction of sections 22 to 26 with other laws etc.
Sections 22 to 26:

(a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of  his or her office or employment in relation to a Commonwealth authority; and
(b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).
This section does not apply to subsections 22(2) and (3) to the  extent to which they operate on the duties under the general law that are equivalent to the requirements of subsection 22(1).


 

The CAAC Act called for specific requirements, that are required. Section 22 is one section worth reading:

COMMONWEALTH AUTHORITIES AND COMPANIES ACT 1997 – SECT 22

Care and diligence–civil obligation only

Care and diligence–officers

             (1)  An officer of a Commonwealth authority must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:

                     (a)  were an officer of a Commonwealth authority in the Commonwealth authority‘s circumstances; and

                     (b)  occupied the office held by, and had the same responsibilities within the Commonwealth authority as, the officer.

Note:   This subsection is a civil penalty provision (see Schedule 2).

Business judgment rule

             (2)  An officer of a Commonwealth authority who makes a business judgment is taken to meet the requirements of subsection (1), and their equivalent duties under the general law, in respect of the judgment if he or she:

                     (a)  makes the judgment in good faith for a proper purpose; and

                     (b)  does not have a material personal interest in the subject matter of the judgment; and

                     (c)  informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and

                     (d)  rationally believes that the judgment is in the best interests of the Commonwealth authority.

The officer‘s belief that the judgment is in the best interests of the Commonwealth authority is a rational one unless the belief is one that no reasonable person in his or her position would hold.

Note:          This subsection only operates in relation to duties under this section and their equivalents under the general law (including the duty of care that arises under the common law principles governing liability for negligence)–it does not operate in relation to duties under any other provision of this Act or under any other laws.

             (3)  In this section:

“business judgment” means any decision to take or not take action in respect of a matter relevant to the operations of the Commonwealth authority.