Section 46 — Civil Liability Act 2002 (NSW)

In proceedings to which this Part applies, the fact that a public or other authority exercises or decides to exercise a function does not of itself indicate that the authority is under a duty to exercise the function or that the function should be exercised in particular circumstances or in a particular way.

Related sections

• 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
• s 45 — Special non-feasance protection for roads authorities
• s 47 — Part applies to civil liability for death, injury or property damage
• s 48 — Definition of “intoxication”
• s 49 — Effect of intoxication on duty and standard of care

Research how courts apply s 46

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