Law Reform (Miscellaneous Provisions (Asbestos Diseases)) Act 2002 (WA)

Western Australia

Law Reform (Miscellaneous Provisions

(Asbestos Diseases)) Act 2002

Western Australia

Law Reform (Miscellaneous Provisions

(Asbestos Diseases)) Act 2002

CONTENTS

1.	Short title	1
2.	Commencement	2
3.	Survival of claims for damages in certain causes of
action	2

Western Australia

Law Reform (Miscellaneous Provisions

(Asbestos Diseases)) Act 2002

No. 1 of 2002

causes of action in relation to asbestos-related conditions and for other purposes.

An Act to amend the Law Reform (Miscellaneous Provisions)

[Assented to 20 March 2002]

The Parliament of Western Australia enacts as follows:

1.             Short title

This Act may be cited as the Law Reform (Miscellaneous

Provisions (Asbestos Diseases)) Act 2002.

Law Reform (Miscellaneous Provisions (Asbestos Diseases)) Act 2002

s. 2

2.             Commencement

This Act comes into operation on the day after the day on which

it receives the Royal Assent.

3.             Survival of claims for damages in certain causes of action

(1)	Section 4(2) of the Law Reform (Miscellaneous Provisions) Act 1941 is amended by inserting in paragraph (d) after “shall not” the following —
“

, unless because of subsection (2a) this paragraph does

not apply,

”.

(2)

After section 4(2) of that Act the following subsection is

inserted —

“

(2a) Subsection (2)(d) does not apply where —

(a)	the death of the person occurs after the day on which the Law Reform (Miscellaneous Provisions (Asbestos Diseases)) Act 2002 comes into operation;
(b)	the death results from a latent injury that is attributable to the inhalation of asbestos which has been caused by the act or omission giving rise to the cause of action; and
(c)	proceedings in respect to the cause of action had been instituted by that person before his or her death and were pending at the time of death.

”.