Queensland Consolidated Acts

CIVIL LIABILITY ACT 2003 - SECT 37

37 Restriction on liability of public or other authorities with functions of road authorities

(1) A public or other authority is not liable in any legal proceeding for any failure by the authority in relation to any function it has as a road authority—

(a) to repair a road or to keep a road in repair; or

(b) to inspect a road for the purpose of deciding the need to repair the road or to keep the road in repair.

(2) Subsection (1) does not apply if at the time of the alleged failure the authority had actual knowledge of the particular risk the materialisation of which resulted in the harm.

(3) In this section—

"road" see the Transport Operations (Road Use Management) Act 1995 , schedule 4 .

"road authority" means the entity responsible for carrying out any road work.