Section 42 — Civil Liability Act 2002 (NSW)

The following principles apply in determining whether a public or other authority has a duty of care or has breached a duty of care in proceedings for civil liability to which this Part applies—
(a) the functions required to be exercised by the authority are limited by the financial and other resources that are reasonably available to the authority for the purpose of exercising those functions,
(b) the general allocation of those resources by the authority is not open to challenge,
(c) the functions required to be exercised by the authority are to be determined by reference to the broad range of its activities (and not merely by reference to the matter to which the proceedings relate),
(d) the authority may rely on evidence of its compliance with the general procedures and applicable standards for the exercise of its functions as evidence of the proper exercise of its functions in the matter to which the proceedings relate.

Related sections

• s 39 — Application of Part
• s 40 — Application of Part
• s 41 — Definitions
• 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
• s 44 — When public or other authority not liable for failure to exercise regulatory functions

Research how courts apply s 42

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