CIVIL LAW (WRONGS) ACT 2002 - SECT 110 Principles about resources, responsibilities etc of public or other

CIVIL LAW (WRONGS) ACT 2002 - SECT 110

The following principles apply in deciding in a proceeding whether a public or other authority has a duty of care or has breached a duty of care:

        (a)     the functions required to be exercised by the authority are limited by the financial and other resources reasonably available to the authority for exercising the functions;

        (b)     the general allocation of the resources by the authority is not open to challenge;

        (c)     the functions required to be exercised by the authority are to be decided by reference to the broad range of its activities (and not only by reference to the matter to which the proceeding relates);

        (d)     the authority may rely on evidence of its compliance with the general procedures and applicable standards for the exercise of its functions as evidence of the proper exercise of its functions in the matter to which the proceeding relates.