Occupiers' Liability Act 1985 (WA)

Western Australia

Occupiers’ Liability Act 1985

Western Australia

Occupiers’ Liability Act 1985 Contents[if supportFields]> TOC \t "Heading 2,2,yScheduleHeading,2,yHeading 2,2,zHeading 2,3,zyScheduleHeading,3,zyHeading 2,3,Heading 3,4,yHeading 3,4,zHeading 3,5,zyHeading 3,5,Heading 4,6,yHeading 4,6,zHeading 4,7,zyHeading 4,7,Heading 5,8,yHeading 5,8,zHeading 5,9,zyHeading 5,9" \t "nHeading 2,2,nHeading 3,8" \n "2-7" \w \* MERGEFORMAT <![endif] — Short title2 — Terms used3 — Act binds Crown4 — Application of s. 5 to 75 — Duty of care of occupier6 — Negligence of independent contractor7 — Duty not restricted or excluded by contract8 — Preservation of higher obligations9 — Duty of care of landlord10 — Law Reform (Contributory Negligence and Tortfeasors’ Contribution) Act 1947NotesCompilation table — Compilation tableDefined terms

Western Australia

Occupiers’ Liability Act 1985

An Act prescribing the standard of care owed by occupiers and landlords of premises to persons and property on the premises.

1.Short title

This Act may be cited as the Occupiers’ Liability Act 1985 1.

2.Terms used

In this Act, unless the contrary intention appears —

occupier of premises means person occupying or having control of land or other premises;

premises includes any fixed or movable structure, including any vessel, vehicle or aircraft.

3.Act binds Crown

This Act binds the Crown.

4.Application of s. 5 to 7

(1)
Sections 5 to 7 shall have effect, in place of the rules of the common law, for the purpose of determining the care which an occupier of premises is required, by reason of the occupation or control of the premises, to show towards a person entering on the premises in respect of dangers —
- (a)
  to that person; or
- (b)
  to any property brought on to the premises by, and remaining on the premises in the possession and control of, that person, whether it is owned by that person or by any other person,

which are due to the state of the premises or to anything done or omitted to be done on the premises and for which the occupier of premises is by law responsible.

(2)
Nothing in sections 5 to 7 shall be taken to alter the rules of the common law which determine the person on whom, in relation to any premises, a duty to show the care referred to in subsection (1) towards a person entering those premises is incumbent.

5.Duty of care of occupier

(1)
Subject to subsections (2) and (3) the care which an occupier of premises is required by reason of the occupation or control of the premises to show towards a person entering on the premises in respect of dangers which are due to the state of the premises or to anything done or omitted to be done on the premises and for which the occupier is by law responsible shall, except in so far as he is entitled to and does extend, restrict, modify or exclude by agreement or otherwise, his obligations towards that person, be such…

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