Western Australian Current Acts

CIVIL LIABILITY ACT 2002 - SECT 15K

15K .         Prior compensation payments taken into account

        (1)         In this section —

        compensation payment , made in respect of a person —

            (a)         means a payment made in respect of the person by way of compensation or redress (including an ex gratia payment) for child sexual abuse of the person; but

            (b)         does not include an amount paid under a judgment in or settlement of a child sexual abuse action.

        (2)         A court, in making an award of damages in a child sexual abuse action in respect of a person, must deduct an amount equal to the amount of any compensation payment made in respect of the person for the child sexual abuse the subject of the action.

        (3)         The court must do so only to the extent to which the compensation payment is for that child sexual abuse.

        (4)         If the court is not satisfied as to the extent to which the compensation payment is for that child sexual abuse, the court must deduct an amount equal to 50% of the payment.

        (5)         This section does not limit a court’s power, in making an award of damages in a child sexual abuse action in respect of a person, to take into account an amount paid under a judgment in or settlement of a previous child sexual abuse action in respect of the person.

        [Section 15K inserted: No. 3 of 2018 s. 5.]

        [Heading inserted: No. 3 of 2018 s. 5.]