Health, Safety and Civil Liability (Children in Schools and Child Care Services) Act 2011 (WA)
Western Australia
Health, Safety and Civil Liability (Children in
Schools and Child Care Services) Act 2011
Western Australia
Health, Safety and Civil Liability (Children in
Schools and Child Care Services) Act 2011
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 |
Western Australia
Health, Safety and Civil Liability (Children in
Schools and Child Care Services) Act 2011
No. 1 of 2011
An Act to amend the Civil Liability Act 2002 and the School
Education Act 1999.
[Assented to 1 March 2011]
The Parliament of Western Australia enacts as follows:
Health, Safety and Civil Liability (Children in Schools and Child Care
Services) Act 2011
| Part 1 | Preliminary |
| s. 1 |
Part 1 — Preliminary
1. Short title
| This is the Health, Safety and Civil Liability (Children in Schools and Child Care Services) Act 2011. |
2. Commencement
This Act comes into operation as follows :
| (a) | sections 1 and 2 — on the day on which this Act receives the Royal Assent; |
| (b) | the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions. |
Health, Safety and Civil Liability (Children in Schools and Child Care
Services) Act 2011
| Civil Liability Act 2002 amended | Part 2 |
s. 3
Part 2 — Civil Liability Act 2002 amended
3. Act amended
This Part amends the Civil Liability Act 2002.
4. Section 3A amended
In section 3A(1) in the Table item 1 column 3 after “1C,” insert:
1CA,
5. Section 4A amended
In section 4A(1) after “1C,” insert:
1CA,
6. Part 1CA inserted
After section 5AA insert:
Part 1CA — Liability relating to emergency medical assistance given to enrolled children
| 5AAA. | Terms used |
| In this Part — | |
| child care service has the meaning given in the Child Care Services Act 2007 section 4; | |
| community kindergarten means a kindergarten registered under the School Education Act 1999 Part 5; | |
| emergency medical assistance means medical assistance of a type prescribed by the regulations as assistance to which this Part applies; |
Health, Safety and Civil Liability (Children in Schools and Child Care
Services) Act 2011
| Part 2 | Civil Liability Act 2002 amended | |||||
| s. 6 | ||||||
| enrolled child means — | ||||||
|
staff member means a natural person who is —
| (a) | employed in the department of the Public Service referred to in the School Education Act 1999 section 228; or |
| (b) | employed in a school registered under the School Education Act 1999 section 160; or |
| (c) | a supervising officer as defined in the Child Care Services Act 2007 section 3; or |
| (d) | a member of the staff of a child care service; or |
| (e) | prescribed (or of a class prescribed) by the regulations as a person to whom this Part applies. |
| 5AAB. | Application of this Part |
| (1) | In this section — |
| commencement day means the day on which the Health, Safety and Civil Liability (Children in Schools and Child Care Services) Act 2011 section 6 comes into operation. | |
| (2) | Subject to sections 3A and 4A, this Part applies to civil liability of any kind unless this section states otherwise. |
| (3) | This Part extends to a claim even if the damages are sought to be recovered in an action for breach of contract or any other action. |
Health, Safety and Civil Liability (Children in Schools and Child Care
Services) Act 2011
| Civil Liability Act 2002 amended | Part 2 |
s. 6
| (4) | This Part does not apply unless the civil liability giving rise to the claim arises out of an incident happening on or after the commencement day. |
| (5) | If in a claim for damages — |
| (a) | it cannot be ascertained whether or not the incident out of which the personal injury arises happened on or after the commencement day; and |
| (b) | the symptoms of the injury first appeared on or after the commencement day, |
the incident is to be taken, for the purpose of
subsection (4), to have happened on or after the
commencement day.
| (6) | This Part does not limit the protection from liability given by another written law. |
5AAC. Protection of staff members
| (1) | A staff member does not incur any personal civil liability in respect of — |
| (a) | an act or omission done or made by the staff member at the scene of an emergency in assisting an enrolled child in apparent need of emergency medical assistance; or |
| (b) | advice given by the staff member about assistance to be given to an enrolled child in apparent need of emergency medical assistance, |
if the act or omission is done or made, or the advice given, in good faith and without recklessness in the course of the staff member’s employment as a staff member.
| (2) | This section does not affect the vicarious liability of any person for the acts or omissions of a staff member. |
Health, Safety and Civil Liability (Children in Schools and Child Care
Services) Act 2011
| Part 2 | Civil Liability Act 2002 amended |
| s. 6 |
5AAD. Exclusion from protection
The protection from personal civil liability conferred
by this Part does not apply if the ability of the staff
member to exercise reasonable care and skill, at the
relevant time, was significantly impaired by reason of
the staff member being intoxicated by alcohol or a drug
or other substance capable of intoxicating a person and
the intoxication was self-induced.
Health, Safety and Civil Liability (Children in Schools and Child Care
Services) Act 2011
| School Education Act 1999 amended | Part 3 |
s. 7
Part 3 — School Education Act 1999 amended
7. Act amended
This Part amends the School Education Act 1999.
8. Section 17 amended
In section 17(1)(b) delete “16(1)(b) or (c)” and insert:
16(1)(b), (c) or (g)
9. Section 244 amended
In section 244(2):
| (a) | after paragraph (a) insert: | |
|
under Part 5; and
| (b) | after paragraph (a) insert: |
and
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