Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CIVIL LIABILITY ACT 2002 - SECT 15H

15H .         Continuity of offices

        (1)         For the purposes of section 15B, it is sufficient that an office (as it is currently) is substantially the same as it was at the time when the cause of action accrued.

        (2)         However, if there is no current office that is the same or substantially the same as the office referred to in section 15B(1)(b) but there is continuity of the institution, the current head of the institution is taken to be the current office holder for the purposes of this Division.

        (3)         The head of an institution is the individual or body who or which, as a member or part of the institution —

            (a)         is acknowledged by the institution as the head of the institution; or

            (b)         in the absence of such an individual, body or acknowledgment — has overall responsibility for the institution.

        (4)         For the purposes of subsection (2), there is continuity of the institution if the institution (as it is currently) —

            (a)         is the same as it was at the time when the cause of action accrued; or

            (b)         is the same institution, under section 15G, as the institution referred to in section 15B(1)(a).

        [Section 15H inserted: No. 3 of 2018 s. 5.]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback