The current Australian torts law places a significant weight on policy considerations when dealing with public authority cases This Australian common law tradition confers public authority undue immunity in regards to their tortious liability against the public at large Australian judiciary s treatment to public authority liability was strongly influenced by the U K House of Lord's judgments including X v Bedfordshire County Council and M v Newham London Borough Council In Sullivan v Moody the allegation of sexual abuse resulted in the breakdown of the appellants marriages but the HCA imposed no criminal liabilities against negligent actions by the medical practitioner The HCA submits that imposing a duty of care to medical practitioner would be inconsistent with the proper and effective discharge of the defendant s obligations to hold the children s interest as paramount A common law duty of care would cut across the whole statutory system set up for the protection of children at risk In Cran v State of New South Wales the police failed to get a certificate of analysis by the court date and the plaintiff was improperly detained in jail for 62 days
