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CIVIL LIABILITY ACT 2002 - SECT 5Z

CIVIL LIABILITY ACT 2002 - SECT 5Z

5Z .         Special protection for road authorities

        (1)         In this section —

        carry out road work means carry out any activity in connection with the construction, erection, installation, maintenance, inspection, repair, removal or replacement of a road;

        road has the meaning given to that term in the Main Roads Act 1930 section 6;

        roads authority , in relation to a road, means a public body or officer whose functions include carrying out road work on that road.

        (2)         A roads authority is not liable in proceedings to which this Part applies for harm arising from a failure of the authority to carry out road work, or to consider carrying out road work, unless at the time of the failure the authority had actual knowledge of the particular risk that caused the harm.

        (3)         This section does not operate —

            (a)         to create a duty of care in respect of a risk merely because a road authority has actual knowledge of the risk; or

            (b)         to affect any standard of care that would otherwise be applicable in respect of the risk.

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