Western Australian Current Acts

CIVIL LIABILITY ACT 2002 - SECT 5W

5W .         Principles concerning resources, responsibilities etc. of public body or officer

                The following principles apply in determining whether a public body or officer has a duty of care or has breached a duty of care in proceedings in relation to a claim to which this Part applies —

            (a)         the functions required to be exercised by the public body or officer are limited by the financial and other resources that are reasonably available to the public body or officer for the purpose of exercising those functions;

            (b)         the general allocation of those resources by the public body or officer is not open to challenge;

            (c)         the functions required to be exercised by the public body or officer are to be determined by reference to the broad range of its activities (and not merely by reference to the matter to which the proceedings relate);

            (d)         the public body or officer may rely on evidence of its compliance with the general procedures and applicable standards for the exercise of its functions as evidence of the proper exercise of its functions in the matter to which the proceedings relate.

        [Section 5W inserted: No. 58 of 2003 s. 8.]