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.

Digital Editions


More News

  • Murray Library upgrade open

    Murray Library upgrade open

    The Murray Library refurbishment is now complete, and the revitalised space is officially open to the community. The upgrade delivers a brighter, more accessible and flexible library that reflects the…

  • Lockyer announce Scott Greensill as CEO

    Lockyer announce Scott Greensill as CEO

    Lockyer Valley Regional Council has appointed Scott Greensill as its new Chief Executive Officer. Councillors formally approved the appointment of Mr Greensill at a Special Meeting of Council in February.…

  • Myers resigns for health reasons

    Myers resigns for health reasons

    Wollongong’s Councillor Tiana Myers has resigned, as a Ward Three Councillor for City Council due to health reasons. Cr Myers was elected to Council in 2024 with a focus on…

  • Acknowledging women’s role in councils

    Acknowledging women’s role in councils

    Council representatives from across the state gathered in Sydney today for Local Government NSW’s (LGNSW) International Women’s Day event. Mayor Darcy Byrne, President of LGNSW, said the event was an…

  • Kylie Davies beats strong field

    Kylie Davies beats strong field

    Flinders Shire Council is pleased to announce the appointment of Kylie Davies as its new Chief Executive Officer. Ms Davies will start in the role on 13 April following a…

  • Leaving on a high

    Leaving on a high

    Mount Alexander Shire Council’s Chief Executive Officer Darren Fuzzard will end his tenure at the council in July 2026, marking ten years of service to the organisation and community. Mr…

  • Safety first for transport corridor

    Safety first for transport corridor

    Traversing a major Townsville transit corridor spanning three suburbs will soon be safer for motorists, cyclists and pedestrians, with Townsville City Council commencing a $3.8 million upgrade of Hugh and…

  • Creating long-term employment pathways

    Creating long-term employment pathways

    The Shire of Carnarvon is creating long-term employment pathways and strengthening workforce capability through its participation in the Remote Jobs and Economic Development (RJED) Program, a national initiative designed to…

  • Cool summer plan for Campbelltown

    Cool summer plan for Campbelltown

    Extreme heat is the biggest killer of natural disasters in Australia, exceeding that for any other environmental disaster combined, including floods, storms, bushfires and cyclones. While high temperatures pose risks…

  • Bathurst has it’s scrap together

    Bathurst has it’s scrap together

    Bathurst Regional Council has successfully concluded its ‘Let’s Get Our Scrap Together’ campaign, launched on 1 September 2025 with funding from the NSW Government and delivered in collaboration with NetWaste…