Civil Liability Act 2002 (WA)

Western Australia

Civil Liability Act 2002

Western Australia

Civil Liability Act 2002 Contents

Western Australia

Civil Liability Act 2002

An Act relating to various aspects of civil liability, to restrict advertising legal services relating to personal injury, to restrict touting, and for related purposes.

[Long title inserted: No. 58 of 2003 s. 4.]

Part 1 – Preliminary1.Short title

This Act may be cited as the Civil Liability Act 2002 1.

2.Commencement

(1)
This Act comes into operation on a day fixed by proclamation 1.
(2)
Different days may be fixed under subsection (1) for different provisions.

3.Terms used

In this Act, unless the contrary intention appears —

harm means harm of any kind, including the following —

(a)
personal injury;
(b)
damage to property;
(c)
economic loss;

personal injury includes —

(a)
death; and
(b)
pre‑natal injury; and
(c)
impairment of a person’s physical or mental condition; and
(d)
disease;

personal injury damages means damages that relate to personal injury to a person caused by the fault of another person, but does not include a sum payable under a superannuation scheme or any life or other insurance policy.

[Section 3 amended: No. 58 of 2003 s. 5.]

3A.Damages excluded from Act

(1)
The provisions of this Act specified in the third column of an item in the Table to this subsection do not apply to damages of a class specified in the second column of that item or to claims for, or awards of, such damages.

Table

Item	Damages	Provisions that do not apply
1.	Damages relating to personal injury caused by — (a) an unlawful intentional act that is done with an intention to cause personal injury to a person, whether or not a particular person; or (b) an intentional act the doing of which is a sexual offence as defined in the Evidence Act 1906 section 36A or sexual conduct that is otherwise unlawful.	Parts 1A, 1C, 1CA, 1D, 1E and 2 (other than section 10A).
2.	Damages to which the Motor Vehicle (Third Party Insurance) Act 1943 applies.	Parts 1C, 1E and 2 (other than section 10A and Division 4).
3.	Damages to which the Workers Compensation and Injury Management Act 2023 Part 7 Division 2 applies and the class of damages referred to in section 416(a) of that Act.	Parts 1A, 1B, 1C, 1D, 1E and 2 (other than section 10A and Divisions 4 and 5).
4.	Damages relating to personal injury that resulted from smoking or other use of tobacco products.	Parts 1A (other than sections 5A, 5B, 5C and 5D), 1B, 1D, 1E and 2 (other than section 10A and Division 4).
5.	Damages under the Civil Aviation (Carriers’ Liability) Act 1961 (including the applied provisions as defined in that Act).	Parts 1A, 1B, 1C, 1D, 1E, 1F and 2.
6.	Damages relating to personal injury that resulted from the inhalation of asbestos or silica.	Parts 1A (other than sections 5A, 5B, 5C…

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