Western Australian Numbered Acts Western Australian Numbered Acts (1) In this
section —
“protected person” means —
(a) the
Minister; or
(b) the
Board; or
(c) a
Board member; or
(d) an
employee of the Board; or
(e) the
Complaints Committee; or
(f) a
Complaints Committee member; or
(g) the
Law Complaints Officer; or
(h) a
person conducting a mediation under Part 13 Division 5; or
(i)
an investigator under Part 15 or an
investigator’s assistant under that Part; or
(j) an
external intervener (as defined in section 471); or
(k) the
Legal Costs Committee established under section 310; or
(l) a
member of the Legal Costs Committee established under section 310; or
(m) the
Trust; or
(n) a
trustee of the Trust; or
(o) an
employee of the Trust; or
(p) the
Law Society; or
(q) an
employee of the Law Society; or
(r) the
PII management committee referred to in section 331 or any member of that
committee; or
(s) any
committee, or member of a committee, of the Board, the Trust or the Law
Society.
(2) An action in tort
does not lie against a protected person for anything that the protected person
has done, in good faith, in the performance or purported performance of a
function under this Act.
(3) The protection
given by subsection (2) 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.
(4) In this section a
reference to the doing of anything includes a reference to the omission to do
anything.
(5) A person
who —
(a)
performs any function in relation to an inquiry before the Board under this
Act; or
(b) is
otherwise concerned in an inquiry before the Board under this Act,
has, in respect of any
such function or concern, the same protection and immunity as a member or an
officer of the Supreme Court, or a witness or a party before the Supreme
Court, would have in respect of a function or concern of a like nature related
to the jurisdiction of the Supreme Court.