New South Wales Consolidated Acts
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CIVIL LIABILITY ACT 2002 - SECT 43
Proceedings against public or other authorities based on breach of statutory duty
43 Proceedings against public or other authorities based on breach of
(1) This section applies to proceedings for civil liability to which this Part
applies to the extent that the liability is based on a breach of a statutory
duty by a public or other authority in connection with the exercise of or a
failure to exercise a function of the authority.
(2) For the purposes of any
such proceedings, an act or omission of the authority does not constitute a
breach of statutory duty unless the act or omission was in the circumstances
so unreasonable that no authority having the functions of the authority in
question could properly consider the act or omission to be a reasonable
exercise of its functions.
(3) In the case of a function of a
public or other authority to prohibit or regulate an activity, this section
applies in addition to section 44.
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