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.

Councils were previously protected against claims of negligence when infrastructure within road reserves deteriorated due to the lack of maintenance, without them incurring penalties.
 

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 governments throughout Australia urgently enacted legislation to offer protection from claims of negligence for both state and local governments in certain circumstances.
 

About the Course
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 practitioners including -NSW Legislation investigated includes:

• 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. 

 

Outcomes
At the end of the course, participants will be competent in:

• Have a fundamental knowledge of the Civil Liability Act 2002
• Have an understanding of Civil Liability
• Appreciate the ramifications of relevant case law to date
• Understanding when a road authority has ‘actual knowledge' of an alleged defect in a road reserve
• Demonstrate an understanding of a Road Authority’s liability in Negligence.

 

Course Facilitator

Adam Halstead is a senior solicitor and Public Notary. Formerly a partner at Goldbergs Lawyers with a practice in commercial law and litigation, Adam 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.