Members of Management Bodies
Volunteer members of management bodies (usually called committees or boards) of incorporated association are generally protected from personal liability for loss or damage through incorporation. When members of a management body are acting in their management capacity, their actions are generally deemed to be the actions of the association - that is, they are not personally liable. This is not the case if the organisation is not incorporated. The situation is also complicated if the organisation is a prescribed incorporated association ().
Under the principles of common law negligence, the protection from being sued personally provided by incorporation would not normally extend to situations where the management member acted without the authority of the organisation or acted with gross negligence.
The Volunteers Protection Act, 2001 does not provide protection from liability where a volunteer has acted recklessly or without authority, or when the organisation is not incorporated. There is a difference between gross negligence and recklessness. It may well be that the Volunteers Protection Act, 2001 protects a person from liability in some situations where incorporation does not.
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Members of Management Bodies : Last Revised: Fri Nov 24th 2006 |
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