CIVIL LIABILITY ACT 2002 - SECT 5X

CIVIL LIABILITY ACT 2002 - SECT 5X

5X .         Policy defence

                In a claim for damages for harm caused by the fault of a public body or officer arising out of fault in the performance or non-performance of a public function, a policy decision cannot be used to support a finding that the defendant was at fault unless the decision was so unreasonable that no reasonable public body or officer in the defendant’s position could have made it.

        [Section 5X inserted: No. 58 of 2003 s. 8.]