Kirby Seminar
In the next instalment of the Kirby Seminar Series, coordinated by the UNE School of Law Research Committee, Associate Professor Angus Corbett of the University of Technology Sydney will speak on the topic of “The Missing Dimension of Safety: The Liability of Statutory Authorities for Failing to Prevent Harm Associated with the use of Roads”. The seminar will take place at noon on 25 June 2009 in the Lewis Seminar Room (W38, Law School Building).
Associate Professor Corbett’s paper is concerned with the missing dimension of safety in the regulation of the use of roads. It investigates a number of well known cases that deal with the application of principles determining when statutory authorities will be liable for failing to prevent harm associated with the use of roads. This analysis reveals that it is often rational to limit liability of statutory authorities for failing to prevent harms associated with the use of roads. But it also reveals evidence that these authorities lack the capacity to develop safety systems that are needed to prevent many harms that are associated with the use of roads. The argument developed in this paper is that it is important for courts to acknowledge both the failure of statutory authorities to develop safety systems and the complexity of the task of establishing these safety systems. Acknowledging the complexity of the problem of improving safety will assist in creating a context in which governments, statutory authorities, community organisations and members of the public are able to probe our ’social structure and culture to see how these promote’ our vulnerability to damage associated with complex systems such as roads.
For further details please contact Julia Werren (or phone 02 6773 2098)