Section 44 — Civil Liability Act 2002 (NSW)

(1) A public or other authority is not liable in proceedings for civil liability to which this Part applies to the extent that the liability is based on the failure of the authority to exercise or to consider exercising any function of the authority to prohibit or regulate an activity if the authority could not have been required to exercise the function in proceedings instituted by the plaintiff.
(2) Without limiting what constitutes a function to regulate an activity for the purposes of this section, a function to issue a licence, permit or other authority in respect of an activity, or to register or otherwise authorise a person in connection with an activity, constitutes a function to regulate the activity.

Related sections

• 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
• s 45 — Special non-feasance protection for roads authorities
• s 46 — Exercise of function or decision to exercise does not create duty
• s 47 — Part applies to civil liability for death, injury or property damage

Research how courts apply s 44

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