Western Australian Current Acts

CIVIL LIABILITY ACT 2002 - SECT 15E

15E .         Assets available for judgments and settlements: institutions

        (1)         This section applies if an institution has a liability under a judgment in or settlement of a child sexual abuse action.

        (2)         The institution may satisfy the liability out of assets held by or for the institution, including assets of a trust (whether or not a charitable trust).

        (3)         For the purposes of subsection (2) —

            (a)         the institution may realise assets held by or for 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.

        (4)         The institution or a trustee may take the actions referred to in subsections (2) and (3) 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.

        (5)         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 15E inserted: No. 3 of 2018 s. 5.]