Western Australian Current Acts Western Australian Current Acts (1) This section
applies if a holder of an office of authority in an institution has a
liability under a judgment in or settlement of an action on a child sexual
abuse cause of action of the type described in section 15B(1)(b).
(2) The holder of the
office may satisfy the liability out of assets held by or for the office or
the institution, including assets of a trust (whether or not a charitable
trust).
(3) However, personal
assets of the holder of the office cannot be used to satisfy the liability.
(4) For the purposes
of subsection (2) —
(a) the
holder of the office may realise assets held by or for the office or the
institution; and
(b) a
trustee of a trust may pay an amount in satisfaction of the liability and, for
that purpose, realise assets of the trust.
(5) The holder of the
office and a trustee may take the actions referred to in subsections (2) and
(4) despite —
(a) any
written or other law (including any law concerning trusts or the holding of
property by or for the office or the institution); or
(b) the
terms of any trust; or
(c) any
duty whether as member of the institution, office holder, trustee or
otherwise.
(6) Subsection (3) has
effect despite any written or other law, including the
Civil Judgments Enforcement Act 2004 .
(7) This section does
not apply in relation to a judgment in or settlement of a child sexual abuse
action given or reached before the day on which the Civil Liability
Legislation Amendment (Child Sexual Abuse Actions) Act 2018 section 5 came
into operation.
[Section 15C inserted: No. 3 of 2018 s. 5.]