Limitation Legislation Amendment and Repeal Act 2005 (WA)

Western Australia

Limitation Legislation Amendment and Repeal

Act 2005

Western Australia

Limitation Legislation Amendment and Repeal

Act 2005

CONTENTS

Part 1 — Preliminary

1.	Short title	2
2.	Commencement	2
3.	Meaning of “commencement day”	2
Part 2 — Repeal
4.	Limitation Act 1935 repealed and savings
provisions	3
Part 3 — *Commercial Arbitration*

Act 1985

5.	The Act amended	4
6.	Section 48 amended and a savings provision	4
Part 4 — *Crown Suits Act 1947*
7.	The Act amended	5
8.	Section 6 repealed and a savings provision	5
Part 5 — *District Court of Western*

Australia Act 1969

9.	The Act amended	6
10.	Section 37 amended and a savings provision	6
Part 6 — *Fatal Accidents Act 1959*
11.	The Act amended	7

Limitation Legislation Amendment and Repeal Act 2005

Contents

12.	Section 4 amended	7
13.	Section 7 replaced and a savings provision	8

Restriction of number of actions

Part 7 — Law Reform (Miscellaneous

Provisions) Act 1941

14.	The Act amended	9
15.	Section 4 amended and a savings provision	9
Part 8 — *Supreme Court Act 1935*
16.	The Act amended	10
17.	Section 25 amended	10
18.	Section 29 repealed and a savings provision	10
19.	Section 30 amended	10
Part 9 — *Workers’ Compensation and*

Injury Management Act 1981

20.	The Act amended	11
21.	Section 93CC amended	11
22.	Section 93I amended	11
Part 10 — Amendments to various

written laws

23. “Limitation Act 1935” replaced with “Limitation

Act 2005”

Western Australia

Limitation Legislation Amendment and Repeal

Act 2005

No. 20 of 2005

An Act to repeal the Limitation Act 1935, to amend various Acts as a consequence of the enactment of the Limitation Act 2005, and to make provision in respect of savings matters concerning limitation periods applicable to causes of actions accruing before the commencement of the Limitation Act 2005.

[Assented to 15 November 2005]

The Parliament of Western Australia enacts as follows:

Limitation Legislation Amendment and Repeal Act 2005

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1. Short title

This is the Limitation Legislation Amendment and Repeal

Act 2005.

2. Commencement

(1)

Subject to subsection (2), this Act comes into operation on the

day on which the Limitation Act 2005 comes into operation.

(2)

Part 9 comes into operation on the later of the following days —

(a)	the day on which the Limitation Act 2005 comes into operation; or
(b)	14 November 2005.

3. Meaning of “commencement day”

In this Act —

“commencement day” means the day on which the Limitation

Act 2005 comes into operation.

Limitation Legislation Amendment and Repeal Act 2005

Repeal

Part 2

s. 4

Part 2 — Repeal

4. Limitation Act 1935 repealed and savings provisions

(1)	The Limitation Act 1935 is repealed.
(2)	The Limitation Act 1935 continues to apply, despite its repeal and the enactment of the Limitation Act 2005, to causes of action that accrued before commencement day.
(3)	Subsection (2) is subject to the Limitation Act 2005 sections 6 and 7.
(4)	The Limitation Act 1935 applies, despite its repeal and the enactment of the Limitation Act 2005 (the “new Act”), to a post-commencement action, as defined in section 8(2) of the new Act, to which section 15 of the new Act does not apply because of section 8(2) of the new Act.
(5)	A reference in a written law to the Limitation Act 2005 may, where the context so requires, be read as if it were a reference to the Limitation Act 1935 in relation to a cause of action —

(a)	that accrued before commencement day; or
(b)	of a kind mentioned in subsection (4).

Limitation Legislation Amendment and Repeal Act 2005

Part 3	Commercial Arbitration Act 1985
s. 5

Part 3 — Commercial Arbitration Act 1985

5. The Act amended

The amendments in this Part are to the Commercial Arbitration

Act 1985*.

[* Reprint 1 as at 2 April 2004.]

6. Section 48 amended and a savings provision

(1)	Section 48(1) is amended as follows:

(a)	by deleting “Subject to subsection (3), the” and inserting instead —

“ The ”;

(b)	by deleting “or taking any proceeding” and inserting instead —

“ (other than taking any proceeding) ”.

(2)	Section 48(2) is amended by deleting “act or taking the proceeding.” and inserting instead —
“ act. ”.
(3)	Section 48(3) is repealed.
(4)	The Commercial Arbitration Act 1985 section 48, as it was immediately before commencement day, continues to apply after commencement day to causes of action that accrued before
commencement day as if subsections (1), (2) and (3) had not been enacted.

Limitation Legislation Amendment and Repeal Act 2005

Crown Suits Act 1947

Part 4

s. 7

Part 4 — Crown Suits Act 1947

7. The Act amended

The amendment in this Part is to the Crown Suits Act 1947*.

[* Reprint 2 as at 9 May 2003.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 113.]

8. Section 6 repealed and a savings provision

(1)	Section 6 is repealed.
(2)	The Crown Suits Act 1947 section 6, as it was immediately before commencement day, continues to apply to causes of action that accrued before commencement day as if
subsection (1) had not been enacted.

Limitation Legislation Amendment and Repeal Act 2005

Part 5

District Court of Western Australia Act 1969

Part 5 — District Court of Western Australia Act 1969

9. The Act amended

The amendments in this Part are to the District Court of Western

Australia Act 1969*.

[* Reprinted as at 19 January 2001.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 127.]

10. Section 37 amended and a savings provision

(1)	Section 37 is amended as follows:

(a)	by deleting “section 47A of the Limitation Act 1935,” and inserting instead —

“

the Limitation Act 2005 (except section 12 of that Act),

”;

(b)	by deleting “done.” and inserting instead —

“

done, and this section has effect subject to Part 3 of the

Limitation Act 2005.

”.

(2)	The District Court of Western Australia Act 1969 section 37, as it was immediately before commencement day, continues to apply to causes of action that accrued before commencement day as if subsection (1) had not been enacted.

Limitation Legislation Amendment and Repeal Act 2005

Fatal Accidents Act 1959	Part 6
s. 11

Part 6 — Fatal Accidents Act 1959

11. The Act amended

The amendments in this Part are to the Fatal Accidents

Act 1959*.

[* Reprinted as at 7 February 2003.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 156.]

12. Section 4 amended

Section 4 is amended as follows:

(a)	by inserting before “Where” the subsection designation “(1)”;
(b)	at the end of the section by inserting the following subsection —

“

(2)	An injured party who did not commence an action relating to the injury before the limitation period for commencing the action expired is to be taken to be entitled, for the purposes of subsection (1), to maintain an action in respect of the injury if, before the person died, the person —

(a)	was not aware of the physical cause of the injury and it was reasonable for the person not to be aware of that cause;
(b)	was aware of the physical cause of the injury but was not aware that the injury was attributable to the conduct of a person and it was reasonable for the person not to be aware that the injury was so attributable; or
(c)	was aware of the physical cause of the injury and that the injury was attributable to the conduct of a person but after reasonable

Limitation Legislation Amendment and Repeal Act 2005

Part 6	Fatal Accidents Act 1959
s. 13

enquiry, had been unable to establish that

person’s identity.

”.

13. Section 7 replaced and a savings provision

(1)	Section 7 is repealed and the following section is inserted instead —

“

7. Restriction of number of actions

No more than one action lies under this Act for and in

respect of the same subject matter of complaint.

”.

(2)	The Fatal Accidents Act 1959 section 7, as it was immediately before commencement day, continues to apply to causes of action that accrued before commencement day as if subsection (1) had not been enacted.

Limitation Legislation Amendment and Repeal Act 2005

Law Reform (Miscellaneous Provisions) Act 1941	Part 7
s. 14

Part 7 — Law Reform (Miscellaneous Provisions)

Act 1941

14. The Act amended

The amendments in this Part are to the Law Reform

(Miscellaneous Provisions) Act 1941*.

[* Reprinted as at 12 July 2002.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 245.]

15. Section 4 amended and a savings provision

(1)	Section 4(1) is amended as follows:

(a)	by deleting “section,” and inserting instead —

“ section and the Limitation Act 2005, ”;

(b)	after “benefit of ” by inserting a comma.

(2)

Section 4(2)(ca) is deleted.

(3)

Section 4(3) is repealed.

(4)

The Law Reform (Miscellaneous Provisions) Act 1941 section 4,

as it was immediately before commencement day, continues to

apply to causes of action that accrued before commencement

day as if subsections (1), (2) and (3) had not been enacted.

Limitation Legislation Amendment and Repeal Act 2005

Part 8	Supreme Court Act 1935
s. 16

Part 8 — Supreme Court Act 1935

16. The Act amended

The amendments in this Part are to the Supreme Court

Act 1935*.

[* Reprinted as at 9 February 2001.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 445.]

17. Section 25 amended

Section 25(2) is repealed.

18. Section 29 repealed and a savings provision

(1)

Section 29 is repealed.

(2)

The Supreme Court Act 1935 section 29, as it was immediately

before commencement day, continues to apply to causes of

action that accrued before commencement day as if

subsection (1) had not been enacted.

19. Section 30 amended

Section 30 is amended by deleting “the last preceding

4 sections” and inserting instead —

“ sections 26, 27 and 28 ”.

Limitation Legislation Amendment and Repeal Act 2005

Workers’ Compensation and Injury Management Act 1981	Part 9
s. 20

Part 9 — Workers’ Compensation and Injury

Management Act 1981

20. The Act amended

The amendments in this Part are to the Workers’ Compensation

and Injury Management Act 1981*.

[* Reprinted as at 14 September 2001.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 507-8.]

21. Section 93CC amended

Section 93CC is amended as follows:

(a)	by inserting before “This” the subsection designation “(1)”;
(b)	at the end of the section by inserting the following subsection —

“

(2)	Despite subsection (1) and section 93CB, this Subdivision applies to a worker who claims to be suffering an injury attributable to the inhalation of asbestos if, before 14 November 2005 —

(a)	the worker sought to agree the degree of the disability of the worker for the purposes of section 93E; or
(b)	a dispute as to the degree of the disability of the worker was referred under section 93D(11) to a medical panel for determination.

”.

22. Section 93I amended

Section 93I is amended as follows:

Limitation Legislation Amendment and Repeal Act 2005

Workers’ Compensation and Injury Management Act 1981

s. 22

(a)	by inserting before “This” the subsection designation “(1)”;
(b)	at the end of the section by inserting the following subsection —

“

(2)	Despite subsection (1), this Subdivision applies to a worker who claims to be suffering an injury attributable to the inhalation of asbestos if, on or after 14 November 2005 —

(a)	the worker seeks to agree the worker’s degree of permanent whole of person impairment for the purposes of section 93K; or
(b)

an assessment of a medical panel to evaluate person impairment is sought under section 93R.

”.

Limitation Legislation Amendment and Repeal Act 2005

Amendments to various written laws

Part 10

s. 23

Part 10 — Amendments to various written laws

23. “Limitation Act 1935” replaced with “Limitation Act 2005”

The provisions of written laws that are set out in the Table to this section are amended in each case by deleting “Limitation Act 1935” and inserting instead —

“ Limitation Act 2005 ”.

Table

Written law

Provisions

Agriculture and Related

Resources Protection Act 1976	s. 64(3)
Federal Courts (State
Jurisdiction) Act 1999	s. 11(1) “limitation law”
Local Government
(Miscellaneous Provisions)
Act 1960	s. 410A(4)
Motor Vehicle Dealers Act 1973	s. 37A(6)
Rates and Charges (Rebates and
Deferments) Act 1992	s. 49
Residential Tenancies Act 1987	s. 71(6) and 72(5)
Small Claims Tribunals
Act 1974	s. 22(6)
Trustees Act 1962	s. 38(1)