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

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