CIVIL AVIATION ACT 1988 - SECT 28BE Duty to exercise care and diligence
CIVIL AVIATION ACT 1988 - SECT 28BE
Duty to exercise care and diligence(1) The holder of an AOC must at all times take all reasonable steps to ensure that every activity covered by the AOC, and everything done in connection with such an activity, is done with a reasonable degree of care and diligence.
(2) If the holder is a body having legal personality, each of its directors must also take the steps specified in subsection ( 1).
(3) It is evidence of a failure by a body and its directors to comply with this section if an act covered by this section is done without a reasonable degree of care and diligence mainly because of:
(a) inadequate corporate management, control or supervision of the conduct of any of the body's directors, employees or agents; or
(b) failure to provide adequate systems for communicating relevant information to relevant people in the body.
(4) No action lies, for damages or compensation, in respect of a contravention of this section.
(5) This section does not affect any duty imposed by, or under,
any other law of the Commonwealth, or of a State or Territory, or under the
common law.