GOJ Part 5 Statutory authority

Question 1

Definition of statutory authority:

Answer 1

a person does not wrongfully cause harm if he causes harm while busy giving effect to a statutory measure

Question 2

Requirements

Answer 2

The statute must authorise the causation of harm- empowering legislation; peremptory legislation

Question 3

Practical guidelines

Answer 3

• need to interpret legilsation, and give effect to the intention of the legislature
• legislation peremptory: imposes a positive obligation and there is no provision for compensation made , the harm will be justified; automatic GOJ
• if legislature empowering: and no mention made of compensation there is a rebutabble presumtion that the harm caused will not be justified, which would mean the plaintiff has a claim for compensation
• rebutabble presumption falls away if harm caused by public body is against public interest
• authorised conduct is circumscribed and localised, no mention of compensation then no rebutabble presumtion

Question 4

What is the criteria the courts would apply

Answer 4

The gerenal criterion of reasonableness in determining whether the bounds of statutory authority have been excceeded.