Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The provisions of
this Act specified in the third column of an item in the Table to this
subsection do not apply to damages of a class specified in the second column
of that item or to claims for, or awards of, such damages.
Table
|
Item |
Damages |
Provisions that do not apply |
|---|---|---|
|
1. |
Damages relating to personal injury caused by — (a) an
unlawful intentional act that is done with an intention to cause personal
injury to a person, whether or not a particular person; or (b) an
intentional act the doing of which is a sexual offence as defined in the
Evidence Act 1906 section 36A or sexual conduct that is otherwise
unlawful. |
Parts 1A, 1C, 1D, 1E and 2 (other than section 10A). |
|
2. |
Damages to which the Motor Vehicle (Third Party Insurance) Act 1943
applies. |
Parts 1C, 1E and 2 (other than section 10A and
Division 4). |
|
3. |
Damages to which the Workers’ Compensation and Injury Management
Act 1981 Part IV Division 2 applies and the class of damages
referred to in section 93B(3a) of that Act. |
Parts 1A, 1B, 1C, 1D, 1E and 2 (other than section 10A and
Division 4). |
|
4. |
Damages relating to personal injury that resulted from smoking or other use of
tobacco products. |
Parts 1A (other than sections 5A, 5B, 5C and 5D), 1B, 1D, 1E
and 2 (other than section 10A and Division 4). |
|
5. |
Damages under the Civil Aviation (Carriers’ Liability) Act 1961
(including the applied provisions as defined in that Act). |
Parts 1A, 1B, 1C, 1D, 1E, 1F and 2. |
|
6. |
Damages relating to personal injury that resulted from the inhalation of
asbestos. |
Parts 1A (other than sections 5A, 5B, 5C and 5D), 1B, 1D, 1E
and 2 (other than section 10A and Division 4). |
(2) Regulations may
amend the Table to subsection (1) by —
(a)
adding an item comprising —
(i)
in the second column — a class of
damages; and
(ii)
in the third column — provisions of this
Act;
or
(b)
adding a provision of this Act to the third column of an item.
[Section 3A inserted by No. 58 of 2003
s. 6; amended by No. 42 of 2004 s. 174.]