Other Particular Claimants, Defendants and Circumstances
Government and Public Authorities
Quick Take
1Section 36 of the Civil Liability Act 2003 (Qld) is not confined to proceedings for breach of statutory duty; it applies to any proceeding — including common law negligence — that is 'based on' an alleged wrongful exercise of or failure to exercise a function of a public authority, the heading 'breach of statutory duty' being an inelegant shorthand for the operative text rather than a limitation upon it (Hamcor Pty Ltd v State of Queensland [2014] QSC 224 not followed; Queensland Bulk Water Supply Authority v Rodriguez & Sons Pty Ltd [2021] NSWCA 206 preferred)
2Protective or ancillary measures taken by a public authority to secure a worksite — such as erecting a barricade to protect curing concrete on a public path — form part of the exercise of the authority's statutory function (here, control of roads) and are not merely incidental acts falling outside s 36, where no person without statutory authority could lawfully have undertaken the work
3Under s 36(2), a court may conclude that an authority's act or omission was so unreasonable that no authority could properly consider it reasonable by reference to applicable standards, guidelines, internal policies and expert evidence, without the plaintiff being required to adduce comprehensive evidence of what all like authorities in fact do; on the facts, leaving a barricade overnight on a shared pedestrian and cyclist path with no reflective warning signs, no lighting, and no delineated alternative route fell below that standard
