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CIVIL LAW (WRONGS) ACT 2002 - SECT 111 Proceedings against public or other authorities based on breach of statutory

CIVIL LAW (WRONGS) ACT 2002 - SECT 111

Proceedings against public or other authorities based on breach of statutory duty

    (1)     This section applies to a proceeding based on a claimed breach of a statutory duty by a public or other authority (the defendant authority ) in relation to the exercise of, or a failure to exercise, a function of the defendant authority.

    (2)     For the proceeding, an act or omission of the defendant authority is a breach of statutory duty only if the act or omission was in the circumstances so unreasonable that no authority having the functions of the defendant authority could properly consider the act or omission to be a reasonable exercise of its functions.

    (3)     For a function of a public or other authority to prohibit or regulate an activity, this section applies in addition to section 112.