Western Australian Current Acts Western Australian Current Acts (1) On and after
commencement, the State has, and can have, no liability to any person that is
or would be —
(a) in
respect of any loss, or other matter or thing, that is, or is connected with,
a protected matter (whether the loss, or other matter or thing, occurs or
arises before, on or after commencement); or
(b) in
any other way connected with a protected matter.
(2) Any liability of
the type described in subsection (1) that the State has to any person before
commencement is extinguished.
(3) On and after
commencement, no proceedings can be brought, made or begun against the State
to the extent that the proceedings are or would be —
(a) for
the purpose of establishing, quantifying or enforcing a liability of the type
described in subsection (1); or
(b)
otherwise —
(i)
in respect of any loss, or other matter or thing, that
is, or is connected with, a protected matter (whether the loss, or other
matter or thing, occurs or arises before, on or after commencement); or
(ii)
in any other way connected with a protected matter.
(4) Any proceedings
brought, made or begun against the State, to the extent that they are of the
type described in subsection (3), are terminated if either or both of the
following apply —
(a) the
proceedings are brought, made or begun before commencement but are not
completed before commencement;
(b) the
proceedings are brought, made or begun before the end of the day on which the
amending Act receives the Royal Assent but are not completed before the end of
that day.
(5) Subsection (6)
applies to any proceedings, to the extent that they are of the type described
in subsection (3), if the proceedings are —
(a)
brought, made or begun against the State at or after introduction time; and
(b)
completed before the end of the day on which the amending Act receives the
Royal Assent.
(6) Any remedy,
relief, order, direction, award or ruling resulting from, or any other outcome
of, the proceedings is extinguished to the extent that it is against, or
unfavourable to, the State or otherwise requires the State to do, or not to
do, anything.
(7) A person cannot
seek payment from the State for any legal costs connected with any proceedings
to which subsection (4) or (6) applies, and the State has no liability, and is
taken never to have had any liability, for any of a person’s legal costs
connected with the proceedings.
(8) In this section,
references to the State include the following —
(a) a
person who is a former State authority, if the liability or proceedings in
question are, or would be, connected with —
(i)
the person’s conduct while and as a State
authority; or
(ii)
otherwise the person’s role while and as a State
authority;
(b) a
State agent;
(c) a
person who is a former State agent, if the liability or proceedings in
question are, or would be, connected with —
(i)
the person’s conduct while and as a State agent; or
(ii)
otherwise the person’s role while and as a State
agent.
[Section 19 inserted: No. 32 of 2020 s. 7.]