Western Australian Numbered Acts

PROFESSIONAL STANDARDS AMENDMENT ACT 2010 (NO. 3 OF 2010) - SECT 5

5 .         Section 34 replaced

                Delete section 34 and insert:

34.         Limitation of liability by insurance arrangements

                A scheme may provide that if a person to whom the scheme applies and against whom a proceeding relating to occupational liability is brought is able to satisfy the court concerned that —

            (a)         that person has the benefit of an insurance policy insuring that person against the occupational liability to which the cause of action relates; and

            (b)         the amount payable under the policy in respect of that occupational liability is not less than the amount of the monetary ceiling specified in the scheme in relation to the class of person and the kind of work to which the cause of action relates,

                that person is not liable in damages in relation to that cause of action above the amount of the monetary ceiling so specified.