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s 54

Immunity from tortious liability

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54 Immunity from tortious liability

(1)

In this section —

protected person means an appointed adjudicator, a prescribed appointor or the Building Commissioner.

(2)

In this section, a reference to the doing of anything includes a reference to an omission to do anything.

(3)

An action in tort does not lie against a protected person for anything that the person has done, in good faith, in the performance or purported performance of a function under this Act.

(4)

The protection given by subsection (3) applies even though the thing done as described in that subsection may have been capable of being done whether or not this Act has been enacted.

(5)

Despite subsection (3), the State is not relieved of any liability that it might have for the Building Commissioner having done anything as described in that subsection.

[Section 54 amended: No. 16 of 2011 s. 128(6).]

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Section 54 — Immunity from tortious liability — Construction Contracts (Former Provisions) Act 2004 (Western Australia) — Barrister AI