Section 43A — Civil Liability Act 2002 (NSW)

(1) This section applies to proceedings for civil liability to which this Part applies to the extent that the liability is based on a public or other authority’s exercise of, or failure to exercise, a special statutory power conferred on the authority.
(2) A special statutory power is a power—
(a) that is conferred by or under a statute, and
(b) that is of a kind that persons generally are not authorised to exercise without specific statutory authority.
(3) For the purposes of any such proceedings, any act or omission involving an exercise of, or failure to exercise, a special statutory power does not give rise to civil liability unless the act or omission was in the circumstances so unreasonable that no authority having the special statutory power in question could properly consider the act or omission to be a reasonable exercise of, or failure to exercise, its power.
(4) In the case of a special statutory power of a public or other authority to prohibit or regulate an activity, this section applies in addition to section 44.

Related sections

• s 41 — Definitions
• 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 44 — When public or other authority not liable for failure to exercise regulatory functions
• s 45 — Special non-feasance protection for roads authorities
• s 46 — Exercise of function or decision to exercise does not create duty

Research how courts apply s 43A

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