For the purposes of s 45 of the Civil Liability Act 2002 (NSW), 'actual knowledge' of a particular risk must be found in the mind of an officer within the roads authority having delegated or statutory authority to carry out the necessary repairs. The knowledge of a street sweeper or other employee with a duty to report hazards but no authority to repair is not sufficient to displace the statutory immunity, even where the employee's duty includes identifying and reporting hazards. The question of whose knowledge is attributable to the roads authority is determined by the rules of attribution applicable to the specific statutory context, not by general principles of vicarious liability.
The full text is available to signed-in members, including the 31 later cases that cite this judgment.
6 of the 31 citing cases carry a classified treatment. How each court treated it is available to signed-in members.