Western Australian Numbered Acts

OFFENDERS (LEGAL ACTION) ACT 2000 (NO. 46 OF 2000) - SECT 5

5 .         Actions in respect of harm suffered by offenders barred

        (1)         It is a defence to an action in respect of injury or loss suffered by a person ("the offender""") for the defendant to show that the injury or loss was suffered in the course of criminal conduct by the offender.

        (2)         Subsection (1) does not apply if the person bringing the action can show that the injury or loss suffered by the offender —

            (a)         arose from an unlawful act that was intended to result in the offender suffering injury or loss; or

            (b)         arose from circumstances —

                  (i)         which were entirely separate from those to which the offender was exposed by reason of being engaged in criminal conduct; and

                  (ii)         to which the offender was exposed in common with other persons who were not engaged in criminal conduct.

        (3)         This section has effect despite anything in section 5 of the Occupiers’ Liability Act 1985.