Contemporary Australian Tort Law

The common law principles of duty of care and negligence potentially apply to all actors, public and private, and earlier chapters have discussed their application to government actors. This chapter analyses two distinct forms of tortious action which are connected to the performance or non-performance of statutory duties and powers. The first, the action for breach of a statutory duty of care, exists where Parliament intends a legislative duty to be enforced by a private cause of action. This action in essence facilitates the enforcement of specific types of legislative duties which are aimed at the protection of certain interests. The second cause of the action, misfeasance in public office, exists as an action to prevent the bad faith use of statutory power by public officers performing public functions.