Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person who is or
has been a member of the Council or of a committee of the Council, and any
officer who acts in the name of the Council with the authority of the Council,
is not personally liable in civil proceedings, and the Council and the Crown
in right of the State is not liable, for any matter or thing done or omitted
in good faith in the exercise of any power or function conferred by or
exercisable under this Act.
(2) Where a person who
would otherwise be liable reasonably but mistakenly
believed —
(a) that
it was necessary for the purpose of preventing or minimising a possible source
of danger to the life or health of a person; and
(b) that
he was authorised under this Act to do or cause or authorise to be done any
matter or thing,
then any person
thereby sustaining damage or loss shall not be entitled to recover any greater
amount than he would have been entitled to if the authorisation had been such
as it was believed to be.
(3) It shall not be a
defence to any action, claim or demand however arising that any condition,
warranty or obligation was breached or was not fulfilled by reason of any
inspection, examination, test, or calibration made or other thing done under
the authority of this Act.
[Section 24: Correction to reprint in
Gazette 28 Oct 2003 p. 4527.]