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

 

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

 

 

 

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

No. 1 of 2002

An Act to amend the Law Reform (Miscellaneous Provisions)
Act 1941
to provide for the survival of claims for damages in certain causes of action in relation to asbestos-related conditions and for other purposes.

 

[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.

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.

”.

 

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