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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Volunteers (Protection from Liability)
Amendment Bill 2006
CONTENTS
1. Short title 2
2. Commencement 2
3. The Act amended 2
4. Long title amended 2
5. Heading for Part 1 inserted 2
Part 1 -- Preliminary
6. Section 1 amended 2
7. Section 3 amended 3
8. Section 5 amended 3
9. Heading for Part 2 inserted 4
Part 2 -- Protection of volunteers from liability
10. Part 3 inserted 4
Part 3 -- Protection of food donors and grocery
product donors from liability
8A. Protection of food donors and grocery
product donors from liability 4
11. Heading for Part 4 inserted 5
Part 4 -- Regulations
12. Consequential amendments 6
136--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Volunteers (Protection from Liability)
Amendment Bill 2006
A Bill for
An Act to amend the Volunteers (Protection from Liability) Act 2002
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Volunteers (Protection from Liability) Amendment Bill 2006
s. 1
1. Short title
This is the Volunteers (Protection from Liability) Amendment
Act 2006.
2. Commencement
5 This Act comes into operation on a day fixed by proclamation.
3. The Act amended
Except as stated in section 12, the amendments in this Act are to
the Volunteers (Protection from Liability) Act 2002*.
[* Act No. 32 of 2002.]
10 4. Long title amended
The long title is amended by deleting "that work," and inserting
instead --
"
that work;
15 • to protect persons who donate food or grocery
products from incurring civil liability for personal
injury resulting from the consumption of that food or
the use of those grocery products,
".
20 5. Heading for Part 1 inserted
Before section 1 the following heading is inserted --
"
Part 1 -- Preliminary
".
25 6. Section 1 amended
Section 1 is amended after "Volunteers" by inserting --
" and Food and Other Donors ".
page 2
Volunteers (Protection from Liability) Amendment Bill 2006
s. 7
7. Section 3 amended
Section 3(1) is amended by inserting in the appropriate
alphabetical positions --
"
5 "food" has the meaning given to that term in
section 3(1) of the Health Act 1911;
"grocery product" means --
(a) a personal hygiene product; or
(b) a household cleaning product; or
10 (c) a medical product that may be sold or
supplied without a written prescription that
authorises that sale or supply; or
(d) anything prescribed by the regulations for
the purposes of this definition,
15 but does not include food;
"personal injury" includes --
(a) death; and
(b) pre-natal injury; and
(c) impairment of a person's physical or mental
20 condition; and
(d) disease; and
(e) recurrence, aggravation or acceleration of an
injury or disease;
".
25 8. Section 5 amended
(1) Section 5(1) is amended by deleting "This Act" and inserting
instead --
" Part 2 ".
page 3
Volunteers (Protection from Liability) Amendment Bill 2006
s. 9
(2) After section 5(1) the following subsection is inserted --
"
(1a) Section 8A applies to food and grocery products
donated on or after the day on which section 10 of the
5 Volunteers (Protection from Liability) Amendment
Act 2006 comes into operation.
".
9. Heading for Part 2 inserted
After section 5 the following heading is inserted --
10 "
Part 2 -- Protection of volunteers from liability
".
10. Part 3 inserted
After section 8 the following Part is inserted --
15 "
Part 3 -- Protection of food donors and grocery
product donors from liability
8A. Protection of food donors and grocery product
donors from liability
20 (1) A person (the "donor") who donates food or a grocery
product in the circumstances described in
subsection (2) does not incur civil liability for any
personal injury that results from the consumption of the
food or the use of the grocery product.
25 (2) The circumstances are --
(a) that the donor donated the food or grocery
product --
(i) in good faith for a charitable or
benevolent purpose; and
page 4
Volunteers (Protection from Liability) Amendment Bill 2006
s. 11
(ii) with the intention that the consumer of
the food or user of the grocery product
would not have to pay for it;
and
5 (b) that the food was fit for human consumption, or
the grocery product was safe to use, at the time
it left the possession or control of the donor;
and
(c) if the food or grocery product was of a nature
10 that required it to be handled in a particular way
to ensure that it remained fit for human
consumption, or safe to use, after it left the
possession or control of the donor -- that the
donor informed the person to whom the donor
15 gave the food or grocery product of those
handling requirements; and
(d) if the food or grocery product remained fit for
human consumption, or safe to use, for only a
limited time after it left the possession or
20 control of the donor -- that the donor informed
the person to whom the donor gave the food or
grocery product of that time limit.
(3) In subsection (1) --
"person who donates food or a grocery product"
25 does not include a person who distributes food or a
grocery product donated by another person.
".
11. Heading for Part 4 inserted
Before section 9 the following heading is inserted --
30 "
Part 4 -- Regulations
".
page 5
Volunteers (Protection from Liability) Amendment Bill 2006
s. 12
12. Consequential amendments
(1) The Carers Recognition Act 2004* section 5(2)(b) is amended
after "Volunteers" by inserting --
" and Food and Other Donors ".
5 [* Act No. 37 of 2004.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 50.]
(2) The Disability Services Act 1993* section 3A(2)(b) is amended
after "Volunteers" by inserting --
10 " and Food and Other Donors ".
[* Reprint 2 as at 15 July 2005.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 124 and
Acts Nos. 34 of 2004 and 38 of 2005.]
15
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