Home » Waiving of non feasance – What Now?

Waiving of non feasance – What Now?

In light of the recent waiving of non feasance by the High Court, road authorities across the country have found themselves more exposed to litigation. Councils are now required to provide evidence that assets under its care and control are systematically inspected with defects clearly identified, risk rated and prioritised for remediation.

In 2001 the RTA in NSW introduced its Single Invitation Contract (SIC) for the maintenance of State roads for over 100 participating Councils. The Contract describes the type of inspections required, their frequency, intervention level of defects and the response time required to repair the defect. This seemed a daunting task but, in light of the waiving of non feasance, the SIC heralded the changes that are now required.

The administering of the SIC data was made easier through the development, by Eurobodalla Shire Council, of the EuroSyS database.

“A primary objective in developing the system was to minimise the impact of the administrative requirements on Council’s already burdened staff whilst keeping the process as simple as possible,” Lei Parker, Councils Asset Management Officer said.

The EuroSyS database won the IPWEA New or Improved Techniques Award in 2001, along with a commendation from Statewide Mutual for Excellence in Risk Management. Based on the principles of the SIC and Statewide Mutual’s Best Practice Manual for Roads, Eurobodalla Shire Council is currently developing a similar inspection and response system for its regional and local roads. The EuroRRM (Road Risk Manager) database and its supporting policy will then provide the proactive and systematic approach required by Council’s insurers and the courts.

For further information, contact Lei Parker on (02) 4474 1317.

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