QLDIn ForceAct
Civil Liability Act 2003
sec.36Proceedings against public or other authorities based on breach of statutory duty
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### sec.36 Proceedings against public or other authorities based on breach of statutory duty
This section applies to a proceeding that is based on an alleged wrongful exercise of or failure to exercise a function of a public or other authority.
For the purposes of the proceeding, an act or omission of the authority does not constitute a wrongful exercise or failure unless the act or omission was in the circumstances so unreasonable that no public or other authority having the functions of the authority in question could properly consider the act or omission to be a reasonable exercise of its functions.
(sec.36-ssec.1) This section applies to a proceeding that is based on an alleged wrongful exercise of or failure to exercise a function of a public or other authority.
(sec.36-ssec.2) For the purposes of the proceeding, an act or omission of the authority does not constitute a wrongful exercise or failure unless the act or omission was in the circumstances so unreasonable that no public or other authority having the functions of the authority in question could properly consider the act or omission to be a reasonable exercise of its functions.