Western Australian Current Acts

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MENTAL HEALTH ACT 2014 - SECT 583

583 .         Protection from liability when performing functions

        (1)         An action in tort does not lie against a person other than the State for anything that the person has done in good faith —

            (a)         in the performance or purported performance of a function under this Act; or

            (b)         in assisting another person in the performance or purported performance of a function under this Act.

        (2)         The protection given by subsection (1) applies even though the thing done as described in that provision may have been capable of being done whether or not this Act had been enacted.

        (3)         Despite subsection (1), the State is not relieved from any liability that it might have for an act done by a person against whom this section provides that an action does not lie.

        (4)         In this section, a reference to the doing of anything includes a reference to an omission to do anything.



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