Western Australian Current Acts

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PLANNING AND DEVELOPMENT ACT 2005 - SECT 267

267 .         Protection from personal liability

        (1)         An action in tort does not lie against —

            (a)         a person for anything that the person has done, in good faith, in the performance or purported performance of a function under this Act; or

            (b)         a person acting under an authority mentioned in section 152(5)(c) or 267A(1) for anything that the person has done, in good faith, in the performance or purported performance of a function to which the authority applies.

        [(2)         deleted]

        (3)         The protection given by subsection (1) applies even though the thing done as described in that subsection may have been capable of being done whether or not this Act or any other written law had been enacted.

        (4)         Despite subsection (1), neither the Commission, the State nor a local government is relieved of any liability that it might have for another person having done anything as described in that subsection.

        (5)         In this section, a reference to the doing of anything includes a reference to an omission to do anything.

        [Section 267 amended: No. 8 of 2010 s. 26.]



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