Western Australian Current Acts

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WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 304

304 .         Protection from personal liability

        (1)         This section applies to —

            (a)         WorkCover WA; and

            (b)         a member of the governing body of WorkCover WA; and

            (c)         an officer of WorkCover WA; and

            (d)         a person engaged under section 182B(2) as a conciliation officer or under section 182ZQ(2) as an arbitrator; and

            (e)         a member of a medical assessment panel; and

            (f)         an approved medical specialist; and

            (g)         a member of a specialised retraining assessment panel; and

            (h)         any other person performing a function under this Act.

        (2)         An action in tort does not lie against a person to whom this section applies for anything that the person does or omits to do in good faith in the performance of a function under this Act.

        (3)         The Crown is also relieved of any liability that it might otherwise have had for a person having done anything as described in subsection (2).

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

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

        [Section 304, inserted as section 184: No. 42 of 2004 s. 135 and renumbered as section 304: No. 42 of 2004 s. 154(1); amended: No. 31 of 2011 s. 70.]



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