Transport (Highway Rule) Act 2002

i Transport (Highway Rule) Act 2002 Act No. 54/2002 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 2 3. Insertion of new Part IIA in the Transport Act 1983 2 PART IIA—RESTRICTION ON LIABILITY OF PUBLIC AUTHORITIES WITH THE FUNCTIONS OF HIGHWAY AUTHORITIES 2 37A. Restriction on liability of public authorities with the functions of highway authorities 2 4. Insertion of new sections 254A and 254B 4 254A. Repeal of Part IIA 4 254B. Transitional provision—Effect of repeal of Part IIA 4 5. Insertion of new section 255F 4 255F. Supreme Court—limitation of jurisdiction 4 ENDNOTES 5 -- 1 of 6 -- 1 Transport (Highway Rule) Act 2002 † [Assented to 4 November 2002] The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to amend the Transport Act 1983 to make further provision for certain of the protections and immunities that a highway authority was considered to have at law before the judgment of the High Court of Australia in the cases of Brodie v Singleton Shire Council, Case number S44/1999 and Ghantous v Hawkesbury City Council, Case number S69/1999. Victoria No. 54 of 2002 -- 2 of 6 -- Act No. 54/2002 Transport (Highway Rule) Act 2002 2 2. Commencement (1) Subject to sub-section (2), this Act comes into operation on the day after the day on which it receives the Royal Assent. (2) Section 4 comes into operation on 1 January 2005. 3. Insertion of new Part IIA in the Transport Act 1983 After Part II of the Transport Act 1983 insert— 'PART IIA—RESTRICTION ON LIABILITY OF PUBLIC AUTHORITIES WITH THE FUNCTIONS OF HIGHWAY AUTHORITIES 37A. Restriction on liability of public authorities with the functions of highway authorities (1) A public authority is not liable in any civil proceeding for any failure by that public authority, in relation to any function it has as a highway authority— (a) to repair the highway or to keep the highway in repair; or (b) to inspect the highway for the purpose of determining the need to repair the highway or to keep the highway in repair. (2) For the avoidance of doubt, in sub-section (1)— "highway" includes any land dedicated to the public for use as a highway but does not include any structure that does not form part of the highway; "public authority" includes the following— (a) the Roads Corporation; s. 2 See: Act No. 9921. Reprint No. 8 as at 13 June 2002 and amending Act Nos 81/2000, 54/2001 (as amended by No. 32/2002), 94/2001, 32/2002, 35/2002 and 37/2002.. LawToday: www.dms. dpc.vic. gov.au -- 3 of 6 -- Act No. 54/2002 Transport (Highway Rule) Act 2002 3 (b) each Council, within the meaning of the Local Government Act 1989; (c) the Authority, within the meaning of the Docklands Authority Act 1991; (d) Parks Victoria, established under the Parks Victoria Act 1998; (e) the State and any person or body acting on behalf of the State, responsible for the management or control of roads on Crown land; (f) the Link corporation, the Extension corporation, the Link operator, the Extension operator and the lessees, within the meaning of the Melbourne City Link Act 1995— but does not include any other person or body that is not a public authority, within the meaning of the Public Sector Management and Employment Act 1998. (3) This section applies to any cause of action, whether arising before, on or after the commencement of section 3 of the Transport (Highway Rule) Act 2002. (4) Despite sub-section (3), this section is to be taken not to affect any proceeding brought on or before 10 October 2002, whether or not that proceeding has been completed on or before that date.'. s. 3 -- 4 of 6 -- Act No. 54/2002 Transport (Highway Rule) Act 2002 4 4. Insertion of new sections 254A and 254B After section 254 of the Transport Act 1983 insert— "254A. Repeal of Part IIA Part IIA is repealed. 254B. Transitional provision—Effect of repeal of Part IIA Despite the commencement of section 4 of the Transport (Highway Rule) Act 2002 and without limiting the Interpretation of Legislation Act 1984, Part IIA, as in force before the commencement of that section, continues to apply to any cause of action arising before that commencement.". 5. Insertion of new section 255F After section 255E of the Transport Act 1983 insert— "255F. Supreme Court—limitation of jurisdiction It is the intention of section 37A to alter or vary section 85 of the Constitution Act 1975.". ═══════════════ s. 4 -- 5 of 6 -- Act No. 54/2002 Transport (Highway Rule) Act 2002 5 ENDNOTES † Minister's second reading speech— Legislative Assembly: 10 October 2002 Legislative Council: 31 October 2002 The long title for the Bill for this Act was "to amend the Transport Act 1983 and for other purposes." Constitution Act 1975: Section 85(5) statement: Legislative Assembly: 17 October 2002 Legislative Council: 31 October 2002 Absolute majorities: Legislative Assembly: 29 October 2002 Legislative Council: 31 October 2002 Endnotes -- 6 of 6 --