Western Australian Current Acts

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CIVIL LIABILITY ACT 2002 - SECT 5Y

5Y .         Proceedings against public body or officer based on breach of statutory duty

        (1)         This section applies to proceedings to which this Part applies that are based on an alleged breach of a statutory duty by a public body or officer in connection with the exercise of or a failure to exercise a public function of the body or officer.

        (2)         For the purpose of proceedings to which this section applies, the public body or officer cannot be liable for damages for harm caused by fault in the exercise of, or a failure to exercise, the statutory duty unless the provisions and policy of the enactment in which the duty is created are compatible with the existence of that liability.

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



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