Victorian Numbered Acts

ROAD MANAGEMENT ACT 2004 (NO 12 OF 2004) - SECT 101

    In determining whether a road authority, infrastructure manager or works manager has a duty of care or has breached a duty of care in respect of the performance of a road management function, a court is to consider the following principles (amongst other relevant things including the principles specified in section 83 of the Wrongs Act 1958 )—

        (a)     the character of the road and the type of traffic that could reasonably be expected to use the road;

        (b)     the standard of maintenance and repair appropriate for a road of that character used by traffic of that type;

        (c)     the state of repair in which a reasonable person would have expected to find a road or infrastructure of that character;

        (d)     whether the road authority, infrastructure manager or works manager knew, or could reasonably be expected to have known, the condition of the road or infrastructure at the time of the relevant incident;

        (e)     in the case where the road authority, infrastructure manager or works manager could not have reasonably been expected to repair the road or infrastructure or take other preventative measures before the relevant incident, whether the road authority, infrastructure manager or works manager did display, or could be reasonably expected to have displayed, appropriate warnings.