115Notice of incident

115 Notice of incident (1) If a person proposes to commence a proceeding in a court based on a claim in relation to an incident arising out of the condition of a public road or infrastructure, the person must give written notice of the incident to the responsible road authority within the prescribed period of the incident occurring. (2) In subsection (1), ***prescribed period*** means— (a) the period of 30 days; or (b) a longer period as may be prescribed either in respect of all cases or a specified case or class of cases. (3) A notice under subsection (1) must include the prescribed particulars so as to enable the responsible road authority to prepare a condition report under section 116. (4) If a person fails to give notice under this section and a report is not prepared under section 116, a court may in any proceeding based on a claim in relation to an incident arising out of the condition of a public road or infrastructure take the failure into account in deciding the weight to be given to evidence about that condition at the time of the incident having regard to— (a) the reason why notice was not given; (b) the length of the delay; (c) the extent of any prejudice caused to the road authority in the proceeding; (d) any other matter relevant in the interests of justice in the proceeding.