Western Australian Current Acts Western Australian Current Acts (1) An action in tort
does not lie against a person for anything that the person has done, in good
faith, in the performance or purported performance of a function under this
Act or a function to which an authority mentioned in section 142(1) applies.
(2) The protection
given by subsection (1) applies even though the thing done as described in
that subsection may have been capable of being done whether or not this Act
had been enacted.
(3) Despite subsection
(1), neither a permit authority nor the State is relieved of any liability
that it might have for a person having done anything as described in that
subsection.
(4) In this section, a
reference to the doing of anything includes a reference to an omission to do
anything.
(5) This section is in
addition to the Local Government Act 1995 section 9.56.
(1) This Act does not
operate to create a duty of a permit authority —
(a) to
check the accuracy of a fact, or the soundness of an opinion, asserted in a
certificate of design compliance, a certificate of construction compliance, a
certificate of building compliance, or a technical certificate signed by a
specialist; or
(b) to
form its own opinion on a matter mentioned in section 19(3), 56(2)(a), (b) or
(c), 56(3)(a), (b) or (c), 57(2)(a), (b) or (c), (3), (4)(a) or (b) or (6), or
on a matter that is the subject of a technical certificate signed by a
specialist.
(2) This Act does not
operate to create a duty of a building surveyor —
(a) to
check the accuracy of a fact, or the soundness of an opinion, asserted in a
technical certificate signed by a specialist; or
(b) to
form his or her own opinion on a matter that is the subject of a technical
certificate signed by a specialist.
(3) This section is in
addition to the Civil Liability Act 2002 .