12:29 Wed 08 Aug 2007				REF:6123MCN7
						Y/R: Meeting T 2007/08/07
TO:	Cr Denise WILTON		cc	KSAS-Mosman
	MAYOR				F:	{61}(2) 9978-4132
	MOSMAN MUNICIPAL COUNCIL

Dear Madam Mayor and Councillors

		COUNCIL CANNOT DELEGATE DUTY OF CARE 

The Elected Council has been ill-advised that the Council can abrogate 
its Child Protection responsibilities to the NSW Department of Sport 
and Recreation.

The Legal Reference that the Council cannot abrogate this 
responsibility is :

Mason J in Sutherland Shire Council v Heyman (1985) 157 CLR 424: 
"An authority may by its conduct however, attract a duty of care that 
requires the exercise of the power. 

Three categories are identified in which the duty of care may so be 
attracted; 

1 	where an authority in the exercise of its functions has created 
	a danger, 

2 	where in the particular circumstances of an authority's 
	occupation of premises 

3 	its ownership or control of a structure attracts to it a duty 
	of care.

In those cases the statute facilitates the existence of a duty of care 
and where a public authority acts so that others rely on it to take 
care for their safety".

The Council Conduct by hiring out the Council playing field cannot 
abrogate its Duty of Care Responsibilities to the NSW Department of 
Sport and Recreation

NEXT STEPS

Madam Mayor, a response to this letter would be appreciated by 
17:00 Fri 17 Aug 2007

Thank you

Yours sincerely


Stephen GOULD
Hon Secretary				E:	stephen.gould@ksas-au.net
KSAS-MOSMAN				M:	0416-009-468

Att

A	Copy of Letter from VHR MAY 30 Jul 2007