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Re: Track Access charges & legal liability




Maurie Daly wrote in message ...

[SNIP]

>sector.
>As the owner of the track is the Victorian State Govt ,and State Govts
cannot
>be sued or held legally liable for anything,it just could be , well sorry
but
>its just too bad.
>
>cheers
>MD
>
>--------------------------------------------------
>Maurie Daly
>Department of Communications Lab.
>Canberra
>Australia
>mauried@commslab.gov.au
>ph 6 2791331


The above statement is not true. State governments have the same duty of
care as any one else. BUT they maka-du-rules, so they can exclude any
liability in the enabling act of parliament, but it dose not mean they have
done so in all cases, in fact they usually don't, but they can.

In the case of track access authorities I suspect that they have not done so
because it would frighten off any reasonable commercial operator if they had
to carry all the liability.

Allen