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Annexure “C”

Extract of local government Media Release                                                                     

Wednesday, October 23 2002

NSW LOCAL GOVERNMENT WINS NON FEASANCE IMMUNITY BACK FOR COUNCILS

The peak body representing local government in NSW has successfully advocated for the legislative restoration of non feasance immunity for councils and other road authorities.

Local Gov NSW, representing the Local Government Association of NSW and the Shires Association of NSW, applauded the full reintroduction of non feasance legislation by the Carr Government following a strong appeal on behalf of councils.

In May 2001, the High Court of Australia abolished the long standing immunity of road authorities. Up until then, the rule of non feasance had been an accepted part of Australian law since 1936. It means that a road authority responsible for the road is not liable for injuries suffered due to the natural deterioration of the road. In NSW, local government is responsible for 88 per cent of the road network.

Councillor Peter Woods OAM, President of the Local Government Association of NSW, welcomed the reinstatement of non feasance legislation for road authorities.

“This is a win for local government and road authorities nationally. Without this protection, councils were left extremely vulnerable to outrageous damages claims from road users.

“We look forward to the Federal Government taking Premier Carr’s lead and further introducing a national compensation scheme of no fault to protect the genuine victims and cover local government, community organisations and volunteers from public liability.”

Shires Association of NSW President, Cr Mike Montgomery, congratulated the NSW Government for overriding the recommendations of the Public Bodies Review Committee on non feasance.

“It is very pleasing to see common sense prevail finally,” Cr Montgomery said.

“The future of local communities were at risk and we can now all take relief from legislative protection on our roads and highways.  

Ends 

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Definitions:

Non-feasance    Failure to perform an act req’d by.

Misfeasance.     Negligent or otherwise improper performance of a lawful act

Malfeasance      An unlawful act

Commission    omission