The Victorian State government enacted the Road Management Act in 2004, in response to the removal of the Non-feasance defence by the High Court.
- establishes a new statutory framework for the management of the road network which facilitates the coordination of the various uses of road reserves for roadways, pathways, infrastructure and similar purposes;
- sets out certain rights and duties of road users;
- establishes the general principles which apply to road management;
- provides for the role, functions and powers of a road authority;
- provides for the making of Codes of Practice to provide practical guidance in relation to road management;
- facilitates the making of road management plans as part of the management system to be implemented by a road authority in the performance of road management functions;
- enables the declaration and discontinuance of roads;
- provides a new process for the declaration and classification of roads and the re-allocation of management responsibility for roads;
- provides for a road authority to keep a register of public roads in respect of which the road authority is the coordinating road authority;
- provides for the construction, inspection, maintenance and repair of public roads;
- sets out the road management functions of road authorities;
- sets out the road management functions of infrastructure managers and works managers in providing infrastructure or conducting works;
- provides for issues relating to civil liability arising out of road management;
- provides for mechanisms to enforce and administer provisions of the Act;
- makes related amendments to the Transport Act 1983, the Road Safety Act 1986, the Local Government Act 1989 and certain other Acts.
The following regulations have been created under the act.
- Road Management Act (General) Regulations 2005
- Road Management Act (Works & Infrastructure) Regulations 2005
Codes of Practice
Five codes of practice have been made under the act.
- Code of Practice for Operational Responsibility for Public Roads
- Code of Practice for Clearways on Declared Arterial Roads
- Code of Practice for Road Management Plans
- Code of Practice for Management of Infrastructure in Road Reserves
- Code of Practice for Worksite Safety - Traffic Management