Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Sheriff may
delegate to a bailiff, on any terms the Sheriff thinks fit —
(a) any
power or duty the Sheriff has under this Act, other than this power to
delegate and any power in section 107; or
(b) the
carrying out of an order that is made by a court under this Act and addressed
to the Sheriff.
(2) Such a delegation
may be in general terms or as to matters specified by the Sheriff in the
delegation.
(3) If a delegation is
made under subsection (1)(b), the delegate is for the purposes of this
Act (other than section 111) to be taken to be the Sheriff in relation to
the carrying out of the order.
(4) The Sheriff may
cancel or amend a delegation to a bailiff.
(5) A bailiff
exercising or performing a power or duty that has been delegated under this
section, is to be taken to do so in accordance with the terms of the
delegation unless the contrary is shown.
(6) Neither the
Sheriff nor the State is liable for any act or omission of a bailiff or an
assistant bailiff (other than a bailiff, or an assistant bailiff, who is a
public servant or a police office-holder) when exercising or performing, or
purporting to exercise or perform, a power or duty that has been delegated
under this section.
(7) Any act by the
Sheriff under this section must be in writing.
(8) This section does
not limit the Sheriff’s ability to perform a function through an officer
or agent.
[Section 109 amended by No. 5 of 2008
s. 15; No. 42 of 2009 s. 13(5).]