Government liability in negligence

[The fort reform legislation of most Australian jurisdictions includes provisions directed specifically protecting government defendants front civil liabiliry. The legislation makes it harder to sue for breach of statutory duty, regulatory failure, the exercise of 'special statutory powers', and negligent failure to inspect the roads. These changes reflect an assumption long held at common law that there is something different about alleging government negligence, at least where the government is exercising statutory powers or performing statutory, duties. The cases and reformers (rave long searched for the answer to the question of what that 'something' aright be. This article considers the common law, analyses the legislation and then concludes by suggesting that a more principled approach would, in fact, focus on the nature of the functions performed, rather than on the identity of the defendant.].