NEW SOUTH WALES
[STATE ARMS]
TABLE OF PROVISIONS
HIGHWAY AUTHORITIES (NON-FEASANCE LIABILITY) BILL 1987
NEW SOUTH WALES
[STATE ARMS]
A BILL FOR
An Act to abolish the common law rule that exempts highway authorities from liability in respect of death or personal injury caused by the condition of a highway.
The Legislature of New South Wales enacts
Short title
1. This Act may be cited as the Highway Authorities (Non-feasance Liability) Act 1987.
Commencement
2. This Act shall commence on a day to be appointed by proclamation.
Definitions
3. In this Act -
"highway" means -
(a) any road, street or lane;
(b) any path or track for pedestrians, bicycles or horses; or
(c) any bridge or tunnel over or through which a highway passes,
that is open to the public or to any section of the public;
"highway authority" means any person or body which has power to construct, maintain, repair or control highways;
"personal injury" means bodily harm, mental shock or nervous shock.
Non-feasance rule abolished in respect of death or personal injury
4.(1) The nonfeasance rule is abolished in respect of actions for death or personal injury.
(2) The nonfeasance rule is the common law rule (however expressed) that exempts a highway authority from liability for damages in respect of death, personal injury or other damage caused by the condition of a highway (not being a condition created by the highway authority).
Act binds Crown
5. This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.
Act not retrospective
6. This Act does not apply to -
