Home » Councils benefit from ‘Best Practice’ documentation in the face of loss of immunity under non-feasance

Councils benefit from ‘Best Practice’ documentation in the face of loss of immunity under non-feasance

AUS-SPEC – what is it?

AUS-SPEC, a joint venture between the Institute of Public Works Engineering, Australia and Sinclair Knight Merz Pty Ltd has developed a new maintenance model to assist Councils address the implications of the High Court ruling which effectively abolished non-feasance immunity. Road Authorities including Councils, now owe a duty of care to users of roads and footpaths. The Authority “is obliged to take reasonable steps” to inspect the condition of its assets and know about “latent dangers which might reasonably be suspected to exist”.

“Turning this to a positive, a disciplined, proactive inspection system is a key element of a good maintenance management system,” said Chris Champion, Chief Executive Officer of the Institute of Public Works Engineering Australia.

AUS-SPEC #4 – Road Reserve Maintenance is just such a solution. It provides a practical maintenance framework, enabling Council to build a case to prove that it has taken “reasonable care” and at the same time link the magnitude of individual “defects” to Council’s existing budget.

Good asset management does not require a High Court ruling when it comes to the maintenance of Council’s other community assets either. The same principles incorporated in AUS-SPEC #4 for roads are also available for Parks and Recreation Areas (AUS-SPEC #6A) and Building and Facilities Maintenance (AUS-SPEC #6B), giving a uniform corporate wide approach to Council asset management.

Road reserve maintenance – a new model

The recent loss of immunity under non-feasance has now focused attention on asset maintenance from a different, but very important perspective. The AUS-SPEC maintenance series delivers to Councils the processes and reporting that provides a defence to litigation.AUS-SPEC #4 – Road Reserve Maintenance provides 40 activity specifications, that can be used as a staff service level agreement or a contract specification, for road reserve maintenance.

Within these activity specifications are generic intervention levels, response times, and compulsory intervention levels to facilitate Council’s implementation. Work methods are listed for each activity along with appropriate testing criteria. A Maintenance Defect Register (MDR) is used to record inspections, program works and also acts as a works executed report. Council can use the defined activity specifications and MDR as a defence against litigious claims.

Levels of service across the 40 activities are scaled to coincide with the level of maintenance funding, giving a direct correlation between intervention level and budget. Council risk managers, solicitors and insurance brokers can use the output of this process to very good effect in court. The increasing amount of asset information acquired is an invaluable input into the AAS27 asset systems of Council and facilitates responsible asset management. The net effect provides the possibility of reduced settlements and a downward trend on insurance premiums.

Parks and recreation reserve maintenance – extending the model

The same principles of responsible community asset maintenance as used for roads are now available for parks and recreation area maintenance. AUS-SPEC #6A – Parks and Recreation Area Maintenance addresses 33 different park activities including horticultural, environmental, built environment, cleaning operations and miscellaneous, including storm damage.

Park classifications include pocket, local, district, linear, regional/recreation area and sports grounds. Particular attention is paid to bushland maintenance as well as to the seasonal nature of the work. Playground maintenance is included incorporating work methods and inspections in accordance with AS/NZS4486.1. Again, as with AUS-SPEC #4, records of inspections, intervention levels, compulsory intervention levels and response times are all incorporated into this maintenance system.

Building and facilities maintenance – the building maintenance model

AUS-SPEC #6B – Building and Facilities Maintenance procedures cover the cleaning and maintenance of 10 different classes of building including commercial and office kitchens, Council Chambers, offices, sports centres and senior citizens centres. A full proactive inspection process is incorporated in AUS-SPEC #6B to provide defect recording, intervention levels and response times. Work methods are provided through the inclusion of the complete NATSPEC reference document which includes in excess of 100 specifications for most facets of building works.

A solution – proactive, documented risk management strategies

Now is the time to adopt a more scientific approach to routine maintenance for roads, parks and buildings. The familiar concept of INTER GENERATIONAL EQUITY is founded on the assumption that adequate funding is provided for assets provided and paid for by our forebears. It has been said that we not only inherit wealth from our parents, we also borrow from our children. It is our responsibly to maintain our current assets to an adequate standard to keep faith with both generations.

With the loss of immunity from non-feasance, it is more important than ever to not only look after the assets for future generations, but also make them safe for the current generation by providing proper maintenance.

Bringing it all together

Local Government continually applies new and modern techniques to improve services and provide value for money. Now, with the recent High Court ruling, new ways are necessary to maintain the community’s assets. The procedures incorporated in the AUS-SPEC model are being used by Councils all over Australia.

In excess of 200 Australian Councils now have direct access to the AUS-SPEC series of specifications, contract documents and maintenance procedures. Many Councils using AUS-SPEC #4 and the other maintenance documents have the added benefit of being able to benchmark intervention levels, response times and unit costs. Should a Council wish to purchase a number of AUS-SPEC documents, a discount of up to 20% is now available until the end of December 2001.

Quoting Chris Champion again, “Perhaps it is not so much immunity lost as opportunity gained”.

For more information about development, design and construction specifications, capital works specifications, contract documentation, design manual, update CD-ROM subscription service as well as roads, parks and buildings maintenance documents, visit the web site at www.ipwea.org.au/AUS-SPEC or www.skmconsulting.com/AUS-SPEC or telephone Bill Woodcock on (02) 9928 2523 or email bwoodcock@skm.com.au

Digital Editions


  • Farewell to a much-loved bridge

    Farewell to a much-loved bridge

    Narrabri Shire Council hosted a special community farewell event in mid-January, Brekkie on the Bridge, ahead of the upcoming demolition of the Violet Street Bridge.…

More News

  • Farmers urged to register for rural aid

    Farmers urged to register for rural aid

    Farmers across Australia – particularly those in disaster-impacted regions – have been strongly encouraged to register with Rural Aid now, as ongoing natural disasters and worsening weather conditions continue to…

  • Coonabarabran VIC punches above it’s weight

    Coonabarabran VIC punches above it’s weight

    Warrumbungle Shire Council has welcomed new data confirming the Coonabarabran Visitor Information Centre as one of the top three performing Visitor Information Centres in New South Wales. Official figures released…

  • Storm-proofing Seymour River Bridge is long overdue

    Storm-proofing Seymour River Bridge is long overdue

    If I had a dollar for every time I saw the question, “Is the Seymour River Bridge open?” on social media, the upgrade to that stretch of road might already…

  • Newcastle Lord Mayor resigns

    Newcastle Lord Mayor resigns

    Newcastle Lord Mayor Cr Ross Kerridge resigned from his role as Lord Mayor of Newcastle in early February. The Lord Mayor wrote to City of Newcastle CEO Jeremy Bath to…

  • Unwavering support and thanks in Bondi aftermath

    Unwavering support and thanks in Bondi aftermath

    Councils across NSW are being encouraged to continue to provide direct support for the Waverley community in the wake of December’s devastating terrorist attack at Bondi while Waverley has paid…

  • Redlands Koala population stable

    Redlands Koala population stable

    Redland City Council has become the first local government in south-east Queensland – and within the koala’s federally-listed northern endangered range – to report stabilisation of its city-wide koala population.…

  • Looking for “Red Fleet” Solutions

    Looking for “Red Fleet” Solutions

    The Country Mayors Association of NSW (CMA) has met with NSW Emergency Services Minister the Hon Jihad Dib MP about the Red Fleet issue, which refers to local Councils currently…

  • Three small changes making big differences in grand programs

    Three small changes making big differences in grand programs

    Local government grant programs are designed to create community impact. Yet for many councils, the effectiveness of those programs is shaped less by intent and more by the processes that…

  • Alice skating program a success

    Alice skating program a success

    Free ice skating, packed programs and smiling faces have marked the end of a hugely successful school holiday program delivered through a partnership between Alice Springs Town Council, the Northern…

  • Supporting Waverley

    Supporting Waverley

    Councils across NSW are being encouraged to continue to provide direct support for the Waverley community in the wake of December’s devastating terrorist attack at Bondi. In the aftermath of…