Western Australian Bills

[Index] [Search] [Download] [Related Items] [Help]

This is a Bill, not an Act. For current law, see the Acts databases.


                               Western Australia

                          LEGISLATIVE ASSEMBLY

              Offenders (Legal Action) Bill 2000

                                   A Bill for

    An Act to prevent offenders and others from taking legal action in
    respect of harm suffered in the course of committing an offence.

    The Parliament of Western Australia enacts as follows:

    1.      Short title
            This Act may be cited as the Offenders (Legal Action)
5           Act 2000.

                                                                    page 1

     Offenders (Legal Action) Bill 2000

     s. 2

     2.         Commencement
                This Act comes into operation on the day on which it receives
                the Royal Assent.

     3.         Interpretation
5         (1)   In this Act, unless the contrary intention appears --
                "action" means an action in tort, an action of a similar kind to
                   an action in tort, an action under the Fatal Accidents
                   Act 1959 or an application under the Criminal Injuries
                   Compensation Act 1985;
10              "criminal conduct" means --
                     (a) the commission of an offence; or
                     (b) anything done or omitted to be done for the purpose
                           of the commission of an offence, including --
                               (i) planning it;
15                            (ii) preparing for it;
                             (iii) travelling to or from the place where it is
                             (iv) concealing it;
                              (v) disposing of anything used in the course of it
20                                 or obtained from it.
          (2)   A reference in subsection (1) to an offence is a reference to --
                 (a) an indictable offence against a written law or a law of
                        another State, a Territory or the Commonwealth; or
                 (b) conduct that --
25                        (i) constitutes an offence against a law of another
                               country for which a person could be sentenced,
                               on conviction in that country, to imprisonment
                               for a period of not less than 2 years or for an
                               indefinite period; and

     page 2
                                                 Offenders (Legal Action) Bill 2000

                                                                                   s. 4

                         (ii)   would, if it had taken place in this State, have
                                constituted an indictable offence against a
                                written law.
          (3)   For the purposes of subsection (2) an offence is indictable if the
5               trial of that offence can or has to be by jury.

     4.         Application
                This Act applies to an action whether the cause of action arose
                before or after the coming into operation of this Act.

     5.         Actions in respect of harm suffered by offenders barred
10        (1)   It is a defence to an action in respect of injury or loss suffered
                by a person ("the offender") for the defendant to show that the
                injury or loss was suffered in the course of criminal conduct by
                the offender.
          (2)   Subsection (1) does not apply if the person bringing the action
15              can show that the injury or loss suffered by the offender --
                  (a) arose from an unlawful act that was intended to result in
                       the offender suffering injury or loss; or
                  (b) arose from circumstances --
                          (i) which were entirely separate from those to which
20                             the offender was exposed by reason of being
                               engaged in criminal conduct; and
                         (ii) to which the offender was exposed in common
                               with other persons who were not engaged in
                               criminal conduct.
25        (3)   This section has effect despite anything in section 5 of the
                Occupiers' Liability Act 1985.


[Index] [Search] [Download] [Related Items] [Help]