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Policy

Corporate Governance Framework

Our corporate governance framework sets out the necessary responsibilities and procedures that guarantee we operate properly.

  1. Contents
  2. Personal liability of Commissioners

Personal liability of Commissioners

2.11. Although any legal proceedings initiated by a third party are likely to be brought against the Commission, in exceptional cases proceedings (civil, or in certain cases, criminal) may be brought against the Chair or individual Commissioners. For example, a Commissioner may be personally liable if he or she makes a fraudulent or negligent statement which results in loss to a third party. Commissioners who misuse information gained by virtue of his or her position may be liable for breach of confidence under common law or may commit a crime under insider dealing legislation.

2.12. However, the Government has indicated that individual Commissioners, who have acted honestly and in good faith, will not have to meet any personal civil liability which is incurred in the execution, or purported execution, of his or her Commission functions out of his or her own personal resources. The Commission will indemnify any Commissioner so affected.

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