Queensland Consolidated Acts

STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 167

167 Limited liability of Coordinator-General for injury to person or property

(1) Liability shall not attach to the Coordinator-General, and an action shall not lie against the Coordinator-General, in respect of anything done or omitted to be done by the Coordinator-General or by his or her contractors, officers or workers in or in connection with the construction, maintenance, management or control of any road, bridge or culvert or the approaches to any bridge or culvert save in respect of the negligent acts of the Coordinator-General, the Coordinator-General’s officers or workers in connection with the construction, maintenance, management or control thereof.

(2) A person shall not be entitled to recover against the Coordinator-General, the Coordinator-General’s officers or workers, damages in respect of any injury to the person or to property on account of anything done or omitted for the purposes of the performance of the Coordinator-General’s functions or the exercise of the Coordinator-General’s powers under any Act or arising out of employment for any of those purposes unless—

(a) in the case of injury to the person—the person alleged to be injured shall, when so required by the Coordinator-General submit himself or herself for examination by a medical practitioner (nominated by the Coordinator-General), who is hereby authorised to make all relevant examinations and tests, and furnish to that medical practitioner all information that the Coordinator-General requires to enable the Coordinator-General to ascertain the true nature and extent of the injury; or

(b) in the case of injury to property—the plaintiff shall, when so required by the Coordinator-General, permit a person nominated by the Coordinator-General to enter upon and inspect the property alleged to be injured and furnish to that person all facilities and information that the Coordinator-General requires to enable the Coordinator-General to ascertain the full nature and extent of the injury and the amount (if any) expended in repairing the property.

(3) Noncompliance with all or any of the provisions of subsection (2) shall not act as a bar to the maintenance of an action or to the recovery of damages therein if the court that determines the action is of opinion that there was reasonable excuse for such non-compliance.