Western Australian Consolidated Acts

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WATER AGENCIES (POWERS) ACT 1984 - SECT 63

63 .         Actions for damages generally

        (1)         The Crown or the Corporation shall not be liable for any injury or damage, other than damage of the kind referred to in section 62, occasioned in the exercise or purported exercise of a power conferred by this Act or any relevant Act and attributable to the Minister or the Corporation or a statutory authority or a person authorised by the Minister or the Corporation or a statutory authority unless negligence is established.

        (2)         No action shall be maintained against the Crown or the Corporation in respect of any injury to the person, where the person injured fails without reasonable excuse to submit himself to medical examination by a specified medical practitioner or practitioners nominated by the CEO or the Corporation within such period as the CEO or the Corporation may by notice in writing require of him where that request is made by the CEO or the Corporation within 3 calendar months of the commencement of proceedings in respect of that injury.

        [Section 63 amended by No. 73 of 1995 s. 42; No. 38 of 2007 s. 112.]

        [Heading inserted by No. 25 of 1985 s. 15.]



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