The 5Z CLA protection for a WA local government, as a road authority

The District Court of Western Australia recently considered the scope of the protection for road authorities of section 5Z of the Civil Liability Act 2002 (CLA 2002) in the case of Rankilor v City of South Perth [No. 2] [2014] WADC 125.

Section 5Z generally

Section 5Z of the CLA 2002 provides that a road authority is not liable in proceedings for the 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.

A local government is a 'road authority' within the definition of section 5Z(1) CLA 2002. To 'carry out road work' means any activity in connection with the construction, reaction, installation, maintenance, inspection, repair, removal or replacement of a road.