Western Australian Numbered Acts Western Australian Numbered Acts (1) In this
section —
legal practitioner means an Australian legal
practitioner within the meaning of that term in the Legal Profession
Act 2008 section 3 .
(2) It is a defence to
a charge under section 35 for the constrained person to satisfy the court
that in carrying out the act that constituted the offence, the constrained
person was —
(a)
using a process of family dispute resolution, as defined in the
Family Court Act 1997 ; or
(b)
instructing, or acting through, a legal practitioner or a person acting under
the Aboriginal Affairs Planning Authority Act 1972 section 48, or
using conciliation, mediation or another form of consensual dispute resolution
provided by a legal practitioner; or
(c)
acting in accordance with an action taken by a person or authority under a
written law; or
(d)
acting on the medical advice of a person with medical qualifications as
defined in the Civil Liability Act 2002 section 5AB; or
(e)
acting as the result of such an emergency that an ordinary person in similar
circumstances would have acted in the same or a similar way.