Negligence - Statutory authorities - Policy making decisions? (1 Viewer)

[dissipate]

What does this sentence mean? -

Would such a duty impose liability with respect to the defendant's exercise of "core policy-making" or "quasi-legislative" functions?

What are core policy-making and quasi-legislative functions?

 

[Frigid]

Re: What does this mean?

Mason J in Heymanhttp://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/cth/HCA/1985/41.html differentiated between policy/quasi-legislative and operational factors:

[A] public authority is under no duty of care in relation to decisions which involve or are dictated by financial, economic, social or political factors or constraints. Thus budgetary allocations and constraints which they entail in terms of allocations of resources cannot be made the subject of a duty of care.”

Budgetary considerations may be also taken into account in the breach stage (practicality/justifiability). This point was taken up by Gummow J in Pyreneeshttp://www.austlii.edu.au/au/cases/cth/HCA/1998/3.html and Kirby J in Romeohttp://www.austlii.edu.au/au/cases/cth/HCA/1998/5.html.

 

[melsc]

Re: What does this mean?

All these questions remind me of my Torts assignment I handed in last week...you don't go to UWS do you?

 

[dissipate]

Re: What does this mean?

melsc: hehe nope

frigid: sorry i'm not really understanding this... does 'financial, economic, social or political factors or constraint' come under operational factors? what are examples of policy/quasi-legislative factors and operational factors?


EDIT: err i think i've got it.. financial, economic etc are policy factors and the authority is under no duty for these. so "core policy-making" and "quasi-legislative" functions are policy factors right?