Western Australian Consolidated Acts

PROFESSIONAL STANDARDS ACT 1997 - SECT 34A

34A .         Extension of liability limitation to other persons to whom scheme applies

        (1)         In this section —

        associate , of a person, means someone who is associated with the person under the regulations referred to in section 42(4)(b);

        officer  —

            (a)         in relation to a body corporate that is a corporation as defined in the Corporations Act 2001 (Commonwealth) section 57A, has the meaning given in section 9 of that Act; and

            (b)         in relation to a body corporate that is not a corporation as so defined, means any person (by whatever name called) who is concerned in or takes part in the management of the body corporate.

        (2)         limitation that applies under this Act to the occupational liability of a person as a member of an occupational association in respect of a cause of action (the principal cause of action ) also applies, in respect of the principal cause of action and any related cause of action, to the liability of any other person to whom the scheme concerned applies as a partner, officer, employee or associate of the member (whether or not the other person’s liability is an occupational liability).

        (3)         A related cause of action is a cause of action in respect of civil liability of the other person arising (in tort, contract or otherwise) directly or vicariously from anything done or omitted by that person that caused or contributed to the loss or damage with which the principal cause of action is concerned and that resulted from the same or substantially the same event as that from which the principal cause of action arose.

        (4)         When this section refers to a person who is a partner, officer, employee or associate of a member of an occupational association it refers to a person who was such a partner, officer, employee or associate at the time of the event that gave rise to the principal cause of action.

        (5)         When this section refers to a limitation on liability that applies to a person as a member of an occupational association it includes a limitation on liability that would apply to the person if a cause of action relating to the liability were brought against the person.

        [Section 34A inserted by No. 3 of 2010 s. 27.]