Section 41 — Civil Liability Act 2002 (NSW)

In this Part—
exercise a function includes perform a duty.
function includes a power, authority or duty.
public or other authority means—
(a) the Crown (within the meaning of the Crown Proceedings Act 1988), or
(b) a Government department, or
(c) a public health organisation within the meaning of the Health Services Act 1997, or
(d) a local council, or
(e) any public or local authority constituted by or under an Act, or
(e1) any person having public official functions or acting in a public official capacity (whether or not employed as a public official), but only in relation to the exercise of the person’s public official functions, or
(f) a person or body prescribed (or of a class prescribed) by the regulations as an authority to which this Part applies (in respect of all or specified functions), or
(g) any person or body in respect of the exercise of public or other functions of a class prescribed by the regulations for the purposes of this Part.

Related sections

• s 38 — Joining non-party concurrent wrongdoer in the action
• s 39 — Application of Part
• s 40 — Application of Part
• s 42 — Principles concerning resources, responsibilities etc of public or other authorities
• s 43 — Proceedings against public or other authorities based on breach of statutory duty
• s 43A — Proceedings against public or other authorities for the exercise of special statutory powers

Research how courts apply s 41

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.