Western Australian Current Acts Western Australian Current Acts (1) At the scene of an
incident from which a person allegedly suffered personal injury or at a
hospital after an incident from which a person allegedly suffered personal
injury —
(a) a
person attending must not solicit or induce a potential claimant involved in
the incident to make a claim; and
(b) a
person, other than a person attending, must not solicit or induce, in a way
that would be unreasonable in the circumstances, a potential claimant involved
in the incident to make a claim.
Penalty: $10 000.
(2) In any
circumstances after an incident from which a person allegedly suffered
personal injury —
(a) a
person attending; or
(b) a
person obtaining information,
must not give a
potential claimant involved in the incident, or someone on the potential
claimant’s behalf, any information described in subsection (4).
Penalty: $10 000.
(3) In any
circumstances after an incident from which a person allegedly suffered
personal injury, a person having contact whose contact directly involves
—
(a) the
treatment or management of the injury or its physical, psychiatric, or
psychological consequences; or
(b) the
provision of administrative or other support to a person whose contact
directly involves anything referred to in paragraph (a),
must not give a
potential claimant (whether or not the potential claimant involved in the
incident) or someone on the potential claimant’s behalf, any information
described in subsection (4) except if subsection (5) allows the information to
be given.
Penalty: $10 000.
(4) The information
the giving of which may be an offence under subsection (2) or (3) is the name,
address, or telephone number of —
(a) a
particular lawyer or law practice; or
(b) an
employee or agent of the lawyer or law practice.
(5) Information
described in subsection (4) may be given as described in subsection (3) if
—
(a) the
information is given while simultaneously giving similar information about, or
about an employee or agent of, each of at least 3 competing lawyers or law
practices; or
(b) the
information is given on behalf of an association in order to help a person to
make use of an arrangement that the association has, as a service to its
members, made with a particular lawyer or law practice.
(6) When counting how
many competing lawyers or law practices there are for the purposes of
subsection (5)(a), 2 or more lawyers who are members of the same law practice
count as one.
(7) In any
circumstances after an incident from which a person allegedly suffered
personal injury —
(a) a
person attending; or
(b) a
person obtaining information; or
(c) a
person having contact,
must not disclose the
name or address of a person involved in the incident to anyone except if
subsection (8), (9), or (10) allows the disclosure.
Penalty: $10 000.
(8) The name or
address of a person involved in the incident may be disclosed to —
(a) a
police officer; or
(b) a
person to whom the disclosure is required under a law; or
(c) a
potential claimant involved in the incident or the potential claimant’s
lawyer or agent; or
(d) the
employer of the person making the disclosure, if that person is attending or
attended at the scene of the incident for the purpose of the person’s
employment and the employer requires the person to disclose the information on
grounds that are reasonable in the circumstances; or
(e) a
person ( insurer ) who carries on the business of providing insurance for
people or property, or someone who is acting as the insurer’s lawyer or
agent.
(9) The name or
address of a person involved in the incident may be disclosed to a lawyer if
—
(a) the
person making the disclosure is a client of the lawyer for the purpose of
making a claim or exercising a legal right, whatever its nature, arising out
of the incident; and
(b) in
the circumstances, it is reasonable for the person making the disclosure to
think that the person may have a claim or a legal right; and
(c) the
disclosure is made for the purpose of making the claim or exercising the legal
right.
(10) The name or
address of a person involved in the incident may be disclosed if the
disclosure is not likely to result in a potential claimant involved in the
incident being solicited or induced to make a claim.
(11) In this section
—
person attending means a person who, for the
purpose of the person’s employment, is attending or attended —
(a) at
the scene of the incident from which a person allegedly suffered personal
injury; or
(b) at a
hospital after an incident from which a person allegedly suffered personal
injury;
person having contact means a person who, for the
purpose of the person’s employment, has contact with a potential
claimant, whether or not the potential claimant involved in the incident, that
substantially arises because of the incident from which a person allegedly
suffered personal injury;
person obtaining information means a person who,
for the purpose of the person’s employment, obtains information about
the incident from which a person allegedly suffered personal injury.
[Section 19 amended: No. 21 of 2008 s. 646(6)-(8);
No. 9 of 2022 s. 341.]