Western Australian Current Acts Western Australian Current Acts (1) In this section
—
civil monetary liability means liability to pay
damages or compensation or any other amount ordered in a civil proceeding, but
does not include liability to pay a civil penalty under the regulations;
officer of a body corporate that is a corporation
has the same meaning as it has in section 9 of the Corporations Act 2001
(Commonwealth);
officer of a body corporate that is not a
corporation has the same meaning as it has in section 9 of the Corporations
Act 2001 (Commonwealth).
(1A) The following do
not incur any civil monetary liability for an act or omission done or made in
good faith in the performance, or purported performance, of a function under
this Part, the regulations or the electricity system and market rules —
(a) the
Minister;
(b) the
Authority;
(c) the
Coordinator.
(1B) The following
persons do not incur any civil monetary liability for an act or omission done
or made in good faith in the performance, or purported performance, of a
function under this Part, the regulations or the electricity system and market
rules —
(a) an
officer or employee of the Department of the public service principally
assisting in the administration of this Act;
(b) an
officer or employee of the Authority;
(c) an
officer or employee of the Coordinator.
(2) A governance
participant, or an officer or employee of a governance participant, does not
incur any civil monetary liability for an act or omission done or made in good
faith in the performance, or purported performance, of a function under the
regulations or the electricity system and market rules.
(3) If an act or
omission mentioned in subsection (2) is negligent —
(a) the
immunity given by that subsection does not apply to that act or omission; but
(b) as
long as that act or omission is done or made in good faith, the civil monetary
liability for it is not to exceed the prescribed maximum amount.
(4) Nothing in
subsection (2) or (3) limits the immunity given by subsection (1A) or (1B).
(5) The regulations
may, for the purposes of subsection (3)(b), without limitation —
(a)
prescribe a maximum amount that is limited in its application to persons,
events, circumstances, losses or periods to which they are expressed to apply;
or
(b)
prescribe maximum amounts that vary in their application according to the
persons to whom, or the events, circumstances, losses or periods to which,
they are expressed to apply; or
(c)
prescribe a manner in which the maximum amount is to be divided amongst
claimants.
(6) This section does
not apply to any liability of an officer of a body corporate to the body
corporate.
[Section 126 amended: No. 46 of 2009 s. 17; No. 9
of 2020 s. 20; No. 1 of 2024 s. 30.]
[Heading inserted: No. 1 of 2024 s. 31.]