Western Australian Current Acts

CIVIL LIABILITY ACT 2002 - SECT 5AAB

5AAB .         Application of this Part

        (1)         In this section —

        commencement day means the day on which the Health, Safety and Civil Liability (Children in Schools and Child Care Services) Act 2011 section 6 comes into operation.

        (2)         Subject to sections 3A and 4A, this Part applies to civil liability of any kind unless this section states otherwise.

        (3)         This Part extends to a claim even if the damages are sought to be recovered in an action for breach of contract or any other action.

        (4)         This Part does not apply unless the civil liability giving rise to the claim arises out of an incident happening on or after the commencement day.

        (5)         If in a claim for damages —

            (a)         it cannot be ascertained whether or not the incident out of which the personal injury arises happened on or after the commencement day; and

            (b)         the symptoms of the injury first appeared on or after the commencement day,

                the incident is to be taken, for the purpose of subsection (4), to have happened on or after the commencement day.

        (6)         This Part does not limit the protection from liability given by another written law.

        [Section 5AAB inserted: No. 1 of 2011 s. 6.]