Western Australian Current Acts Western Australian Current Acts (1) If, for the
purposes of section 15B or 15D, there is no current institution that is the
same or substantially the same as the institution referred to in
section 15B(1)(a) or 15D(1)(a) (the earlier institution ), the current
institution that is, under this section, the relevant successor of the earlier
institution is taken to be the same institution as the earlier institution for
the purposes of this Division.
(2) A current
institution is the relevant successor of an earlier institution if —
(a) 1 of
the circumstances in subsection (3) applies to the institution and the earlier
institution; or
(b) in
the case where there is at least 1 institution interposed, over time, between
the institution and the earlier institution — at least 1 of the
circumstances in subsection (4) applies to each link in the chain between the
institution and the earlier institution.
(3) For the purposes
of subsection (2)(a), the circumstances are —
(a) some
or all of the earlier institution merged into the institution;
(b) some
or all of the earlier institution merged with 1 or more other entities to form
the institution;
(c) the
institution is the remainder of the earlier institution after some of the
earlier institution ceased to be part of the earlier institution.
(4) For the purposes
of subsection (2)(b), the circumstances are —
(a) some
or all of an earlier institution merged into an institution;
(b) some
or all of an earlier institution merged with 1 or more other entities to form
an institution;
(c) an
institution is the remainder of an earlier institution after some of the
earlier institution ceased to be part of the earlier institution;
(d) an
institution as it is at a particular time is substantially the same as it was
at an earlier time (and section 15F(2) and (3) apply, with all necessary
modifications, in determining what is substantially the same).
(5) The Governor may,
on the recommendation of the Minister, make regulations providing that, for
the purposes of subsection (1), a specified current institution is the
relevant successor of a specified earlier institution.
(6) The Minister
cannot make a recommendation for the purposes of subsection (5) unless
satisfied that —
(a) the
current institution has some relevant connection to the earlier institution;
or
(b) the
head of the current institution, as worked out under section 15H(3) , has
agreed to the current institution being the relevant successor of the earlier
institution.
(7) Regulations made
for the purposes of subsection (5) —
(a)
prevail over subsections (2) to (4) to the extent of any inconsistency; and
(b) may
have effect from a day that is before the day on which they are published in
the Gazette , but not before the day on which the Civil Liability Legislation
Amendment (Child Sexual Abuse Actions) Act 2018 section 5 came into
operation.
[Section 15G inserted: No. 3 of 2018 s. 5.]