Chapter 5
Compulsory enforcement

Options for reform

5.7We have provided alternative options in clause 9 of the draft Bill. One alternative is simply to allow remedies against the Crown as if it were a private party, and to implicitly allow courts to choose the appropriate way in which the results of the Crown’s breach of obligation might be prevented. Under the second option, we have provided a more narrowly phrased exception that courts might choose to issue a declaration as opposed to granting an injunction. An injunction should also not be permitted where it would have the effect of requiring the transfer of particular property.


Q5 Should the Crown be subject to compulsory enforcement remedies?