4 Council Members

Liability of council members

The general principle is that, normally, everyone is legally responsible for their acts and omissions, whether in their own right or on behalf of someone else, but this is modified for TEI council members. The Act states that no member of the council of an institution is personally liable for any act done or omitted by the member or by the council (s 183):

(a) in good faith; and
(b) in pursuance of or intended pursuance of the functions of the institution or of the council.

This means that, although council members are immune from personal liability for things they or the council might do, this immunity is not absolute. It does not apply to acts or omissions that are not in good faith, and it does not apply to acts and omissions beyond the functions of the TEI or the council. Council members therefore have potential residual liabilities that might not be covered by the immunity under section 183 of the Act.