Negligence – Duty of care – Source of duty - Reasonable foreseeability – Proximity – Policy considerations - Statutory powers – Public authority's power to control and manage land – Public right to enter – Statutory discretion – Whether municipal council under a public or common law duty to protect members of the public who may foreseeably fail to take reasonable care for their own safety – Obvious dangers.
Negligence – Standard of care – Reasonable foreseeability – Obviousness of risk – Gravity of risk – Nature of precautions required – Relevance of provision of facilities by public authority in control and management of land upon which the public may enter as of right – Relevance of statutory functions, powers and duties – Whether failure to take reasonable care for entrant's own safety with regard to obvious dangers breaks the chain of causation – Whether such failure amounts to contributory negligence.
Local government – Liability of local authority in negligence – Relevance of statutory functions, powers and duties – Suggested immunity for policy decisions – Applicability of policy/operational decisions distinction – Whether Nagle v Rottnest Island Authority imposes excessive burden on authority – Whether Nagle should be overruled.
Conservation Commission Act 1980 (NT), ss 19, 20.