Western Australian Current Acts Western Australian Current Acts (1) An action in tort
does not lie against a person for anything that the person has done, in good
faith, 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 subsection may have been capable of being done whether or not this Act
had been enacted.
(3) If this section
provides that an action does not lie against a person for doing anything, the
State and an enforcement agency are also relieved of any liability that they
might otherwise have had for the doing of the thing by the person.
(4) A person who, at
the request or direction of an authorised officer or emergency officer or a
person authorised under section 197(2)(a), assists the officer or person to
exercise a power under this Act is to be taken to be performing a function
under this Act for the purposes of this section.
(5) In this section, a
reference to the doing of anything includes a reference to an omission to do
anything.
(6) This section is in
addition to and does not affect the operation of section 141(2), 188(5),
202MR(1)(b) or (2), 298(3) or 299(6).
[Section 297 amended: No. 20 of 2023 s. 13.]