Western Australian Consolidated Acts

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HIGHER EDUCATION ACT 2004 - SECT 26A

26A .         Protection from liability

        (1)         An action in tort does not lie against a person for anything that the person has, in good faith, done in the performance or purported performance of a function under this Act.

        (2)         The protection given by this Act applies even if the thing done in the performance or purported performance of a function under this Act may have been capable of being done whether or not this Act had been enacted.

        (3)         This section does not relieve the State of any liability it might have for the doing of anything by a person against whom this section provides that an action does not lie.

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

        [Section 26A inserted by No. 40 of 2009 s. 40.]



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