Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
subsections (4) and (5), an action in tort does not lie against a person
(except a contractor or subcontractor) for anything that the person has done,
in good faith —
(a) in
the performance or purported performance of a function under this Act;
(b) in
the exercise or purported exercise of a Schedule power that the person is
authorised to exercise; or
(c) in
doing, or purporting to do, any high-level security work for which the person
has a permit.
(2)
Subsection (1) does not relieve a contractor or subcontractor of any
liability that it might otherwise have for anything done as described in that
subsection by another person.
(3)
Subsection (1) does not relieve the Crown of any liability that it might
otherwise have for anything done as described in that subsection by another
person.
(4) An action for
false imprisonment of a person in custody or an intoxicated detainee does not
lie against a contract worker if, in good faith, the contract worker took
charge of the person in custody or intoxicated detainee in response to a
request under section 71, 72, 76, 80 or 81, as is relevant to the case.
(5) A contractor and
subcontractor are also relieved of any liability that either of them might
otherwise have had for a contract worker having done anything as described in
subsection (4).
(6) The protection
given by this section applies even though the thing done may have been capable
of being done whether or not this Act had been enacted.
(7) In this section, a
reference to doing anything includes a reference to an omission to do
anything.