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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Health, Safety and Civil Liability (Children in
Schools and Child Care Services) Bill 2010
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Civil Liability Act 2002
amended
3. Act amended 3
4. Section 3A amended 3
5. Section 4A amended 3
6. Part 1CA inserted 3
Part 1CA -- Liability relating to emergency medical
assistance given to enrolled children
5AAA. Terms used 3
5AAB. Application of this Part 4
5AAC. Protection of staff members 5
5AAD. Exclusion from protection 6
Part 3 -- School Education Act 1999
amended
7. Act amended 7
8. Section 17 amended 7
9. Section 244 amended 7
126--1B page i
Western Australia
LEGISLATIVE ASSEMBLY
Health, Safety and Civil Liability (Children in
Schools and Child Care Services) Bill 2010
A Bill for
An Act to amend the Civil Liability Act 2002 and the School
Education Act 1999.
The Parliament of Western Australia enacts as follows:
page 1
Health, Safety and Civil Liability (Children in Schools and Child Care
Services) Bill 2010
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Health, Safety and Civil Liability (Children in
4 Schools and Child Care Services) Act 2010.
5 2. Commencement
6 This Act comes into operation as follows :
7 (a) sections 1 and 2 -- on the day on which this Act
8 receives the Royal Assent;
9 (b) the rest of the Act -- on a day fixed by proclamation,
10 and different days may be fixed for different provisions.
page 2
Health, Safety and Civil Liability (Children in Schools and Child Care
Services) Bill 2010
Civil Liability Act 2002 amended Part 2
s. 3
1 Part 2 -- Civil Liability Act 2002 amended
2 3. Act amended
3 This Part amends the Civil Liability Act 2002.
4 4. Section 3A amended
5 In section 3A(1) in the Table item 1 column 3 after "1C," insert:
6
7 1CA,
8
9 5. Section 4A amended
10 In section 4A(1) after "1C," insert:
11
12 1CA,
13
14 6. Part 1CA inserted
15 After section 5AA insert:
16
17 Part 1CA -- Liability relating to emergency
18 medical assistance given to enrolled children
19 5AAA. Terms used
20 In this Part --
21 child care service has the meaning given in the Child
22 Care Services Act 2007 section 4;
23 community kindergarten means a kindergarten
24 registered under the School Education Act 1999 Part 5;
25 emergency medical assistance means medical
26 assistance of a type prescribed by the regulations as
27 assistance to which this Part applies;
page 3
Health, Safety and Civil Liability (Children in Schools and Child Care
Services) Bill 2010
Part 2 Civil Liability Act 2002 amended
s. 6
1 enrolled child means --
2 (a) a child enrolled at community kindergarten; or
3 (b) a child for whom a child care service is
4 provided; or
5 (c) a student within the meaning given in the
6 School Education Act 1999 section 4;
7 staff member means a natural person who is --
8 (a) employed in the department of the Public
9 Service referred to in the School Education
10 Act 1999 section 228; or
11 (b) employed in a school registered under the
12 School Education Act 1999 section 160; or
13 (c) a supervising officer as defined in the Child
14 Care Services Act 2007 section 3; or
15 (d) a member of the staff of a child care service; or
16 (e) prescribed (or of a class prescribed) by the
17 regulations as a person to whom this Part
18 applies.
19 5AAB. Application of this Part
20 (1) In this section --
21 commencement day means the day on which the
22 Health, Safety and Civil Liability (Children in Schools
23 and Child Care Services) Act 2010 section 6 comes
24 into operation.
25 (2) Subject to sections 3A and 4A, this Part applies to civil
26 liability of any kind unless this section states otherwise.
27 (3) This Part extends to a claim even if the damages are
28 sought to be recovered in an action for breach of
29 contract or any other action.
page 4
Health, Safety and Civil Liability (Children in Schools and Child Care
Services) Bill 2010
Civil Liability Act 2002 amended Part 2
s. 6
1 (4) This Part does not apply unless the civil liability giving
2 rise to the claim arises out of an incident happening on
3 or after the commencement day.
4 (5) If in a claim for damages --
5 (a) it cannot be ascertained whether or not the
6 incident out of which the personal injury arises
7 happened on or after the commencement day;
8 and
9 (b) the symptoms of the injury first appeared on or
10 after the commencement day,
11 the incident is to be taken, for the purpose of
12 subsection (4), to have happened on or after the
13 commencement day.
14 (6) This Part does not limit the protection from liability
15 given by another written law.
16 5AAC. Protection of staff members
17 (1) A staff member does not incur any personal civil
18 liability in respect of --
19 (a) an act or omission done or made by the staff
20 member at the scene of an emergency in
21 assisting an enrolled child in apparent need of
22 emergency medical assistance; or
23 (b) advice given by the staff member about
24 assistance to be given to an enrolled child in
25 apparent need of emergency medical assistance,
26 if the act or omission is done or made, or the advice
27 given, in good faith and without recklessness in the
28 course of the staff member's employment as a staff
29 member.
30 (2) This section does not affect the vicarious liability of
31 any person for the acts or omissions of a staff member.
page 5
Health, Safety and Civil Liability (Children in Schools and Child Care
Services) Bill 2010
Part 2 Civil Liability Act 2002 amended
s. 6
1 5AAD. Exclusion from protection
2 The protection from personal civil liability conferred
3 by this Part does not apply if the ability of the staff
4 member to exercise reasonable care and skill, at the
5 relevant time, was significantly impaired by reason of
6 the staff member being intoxicated by alcohol or a drug
7 or other substance capable of intoxicating a person and
8 the intoxication was self-induced.
9
page 6
Health, Safety and Civil Liability (Children in Schools and Child Care
Services) Bill 2010
School Education Act 1999 amended Part 3
s. 7
1 Part 3 -- School Education Act 1999 amended
2 7. Act amended
3 This Part amends the School Education Act 1999.
4 8. Section 17 amended
5 In section 17(1)(b) delete "16(1)(b) or (c)" and insert:
6
7 16(1)(b), (c) or (g)
8
9 9. Section 244 amended
10 In section 244(2):
11 (a) after paragraph (a) insert:
12
13 (ba) make provision for requirements as to the
14 health and safety of children enrolled at a
15 school or a community kindergarten registered
16 under Part 5; and
17
18 (b) after paragraph (a) insert:
19
20 and
21
22
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