The Civil Liability Act 2002 - Online course on 24 August 9.00 to 12.00 Noon and 25 August 1.00 to 4.00 pm
The objective of this short-course is to equip participants with an understanding of the Civil Liability Act 2002 and enhance their knowledge base with regard to the liability and risk that a Public Authority is exposed to, in the management of its’ infrastructure.
The presenter will analyse the ramifications of the 2001 High Court of Australia decision in Brodie v Singleton Shire Council that removed a long-standing immunity protecting highway authorities from actions in negligence for failing to repair a road, even where serious injury to a user was foreseeable.
Councils were previously protected against claims of negligence when infrastructure within road reserves deteriorated due to the lack of maintenance, without them incurring penalty.
As a consequence of the decision, councils throughout Australia were exposed to claims of negligence from road users that were confronted with carriageways that were less than adequate. The risk to Road Authorities was potentially financially catastrophic from successful claims of negligence. State government throughout Australia urgently enacted legislation to offer protection from claims of negligence for both state and local government in certain circumstances.
The liability of road authorities was then to be determined by the application of general negligence principles, ensuring that victims of ‘negligent’ failures to repair are compensated.
This legislation offered road authorities a form of protection from the likely flood of claims of negligence, where responsible repairs and/or maintenance were arguably necessary, but not always carried-out, due to the financial limitations of those authorities and in particular local government.
In New South Wales, the Civil Liability Act 2002 was enacted to provide a level of protection to road authorities, where it could be demonstrated that a regime of regular inspection of its’ road infrastructure was undertaken, documented and necessary repairs/maintenance were carried-out in accordance with a prioritised list of scheduled works.
The course of instruction will embrace a study of matters affecting the local government engineer or other technical practitioner including -
- Legislative responsibilities with regard to the provision of infrastructure in road reserves
- Liability regarding engineering infrastructure within road reserves
- Managing risk (including latent risk) within road reserves
- Special non-feasance protection for road authorities.
Who Should Attend
The program of this one-day course will be valuable to local government engineers as well as being suitable for all disciplines within local government and engineering consultancies.
PRESENTER - Mr Adam Halstead
Mr Adam Halstead is a Solicitor and Notary Public. Formerly a partner at Goldbergs Lawyers with a practice in commercial law and litigation, Mr Halstead now presides as a member of the NSW Civil and Administrative Tribunal in the Consumer and Commercial Division and the Commonwealth Administrative Appeals Tribunal. He has over 15 years experience in civil claims litigation and spent 10 years as a lecturer in local government law at the University of Technology, Sydney.