Western Australian Current Acts Western Australian Current Acts (1) Subject to
sections 3A and 4A, this Part applies to any claim for personal injury damages
for mental harm unless this section states otherwise.
(2) This Part extends
to a claim for personal injury damages even if the damages are sought to be
recovered in an action for breach of contract or any other action.
(3) This Part does not
apply unless the personal injury giving rise to the claim for personal injury
damages arises out of an incident happening on or after the commencement day.
(4) If —
(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 (3), to have happened on or after the
commencement day.
(5) In this section
—
commencement day means the day on which the Civil
Liability Amendment Act 2003 section 8 comes into operation 1 .
[Section 5R inserted: No. 58 of 2003 s. 8.]