A road authority's systematic practice of maintaining roads to a standard beyond its road management plan (such as a 'proactive list') may constitute a separate 'policy' under the Road Management Act 2004 (Vic), with which the authority must also comply to avail itself of the statutory defences. Section 40(1) imposes a hierarchy of duties giving priority to plan standards over policy standards. A breach of the maximum permissible inspection period under a plan is not cured by a subsequent late inspection until the road authority has at least received the inspection report. Section 39(5) does not provide a standalone defence merely by reason of having made a plan; it must be read with ss 103 and 105 which require compliance.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
1 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.