Section 37 of The Civil Liability Act 2003 now states that a public or other authority is not liable in any legal proceedings for any failure by the authority in relation to any function it has as a road authority to:
- Repair a road
- Keep a road repaired, or
- To inspect a road for the purpose of deciding the need to repair the road or to keep the road in repair
This restriction on the liability of public or other authorities will not apply if the authority had actual knowledge of the particular risk that caused harm.
Legal action against a local Council or Authority (e.g. government departments such as Main Roads) must be commenced in the Magistrates Court, not in the Queensland Civil and Administrative Tribunal (QCAT). Lawyers are entitled to appear in the magistrates court and costs may be awarded against the unsuccessful party. For this reason, legal advice should be sought before a claim is lodged.
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