Western Australian Current Acts Western Australian Current Acts (1) In this section
—
carry out road work means carry out any activity
in connection with the construction, erection, installation, maintenance,
inspection, repair, removal or replacement of a road;
road has the meaning given to that term in the
Main Roads Act 1930 section 6;
roads authority , in relation to a road, means a
public body or officer whose functions include carrying out road work on that
road.
(2) A roads authority
is not liable in proceedings to which this Part applies for harm arising from
a failure of the authority to carry out road work, or to consider carrying out
road work, unless at the time of the failure the authority had actual
knowledge of the particular risk that caused the harm.
(3) This section does
not operate —
(a) to
create a duty of care in respect of a risk merely because a road authority has
actual knowledge of the risk; or
(b) to
affect any standard of care that would otherwise be applicable in respect of
the risk.
[Section 5Z inserted: No. 58 of 2003 s. 8.]