Western Australian Consolidated Acts

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OCCUPIERS' LIABILITY ACT 1985 - SECT 6

6 .         Negligence of independent contractor

        (1)         An occupier is not liable under this Act where the damage is due to the negligence of an independent contractor engaged by the occupier if — 

            (a)         the occupier exercised reasonable care in the selection and supervision of the independent contractor; and

            (b)         it was reasonable in all the circumstances that the work that the independent contractor was engaged to do should have been undertaken.

        (2)         Subsection (1) does not operate to abrogate or restrict the liability of an occupier for the negligence of his independent contractor imposed by any other Act.



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