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Liability of Public Authorities means the relevant Roads Authority is liable for harm arising from the failure to carry out roadwork, if at the time of the alleged failure the Roads Authority had actual knowledge of the particular risk the materialisation of which resulted in the harm.

In the case of NSW, Section 45 "Special non-feasance protection for roads authorities" of Part 5 of Civil Liability Amendment (Personal Responsibility) Act 2002 No 92 renders roads authorities liable for harm (which includes personal injury or death, damage to property, economic loss) arising from a failure of the roads authority to carry out road work, or to consider and rank the need to carry out road work, if such Roads Authority had actual knowledge of the particular risk.

Section 45 seems to -

(A)       require a roads authority to carry out road work to remove or reduce a particular risk once the roads authority becomes aware of such particular risk;

(B)       deem that if the roads authority does not so remove or reduce such particular risk and that particular risk materialises then the roads authority is liable for damages from harm suffered subsequent to receiving actual knowledge of the particular risk; and

(C)       require the courts to take into account the financial and other resources that are reasonably available to the roads authority for the purpose of exercising those functions.

Comparable tort law similarly governs Roads Authorities in each other Australian state and ACT.