Western Australian Numbered Acts Western Australian Numbered Acts (1) Subject to this
Division, a person is entitled to be paid just and reasonable compensation by
the State for any loss or damage suffered by the person because of the
exercise, or purported exercise, of —
(a) a
serious public health incident power; or
(b) an
emergency power; or
(c) a
power under Part 12 Division 6 or section 199.
(2) Compensation is
not payable to the person for loss or damage to the extent to
which —
(a) an
amount for the loss or damage is recovered or recoverable by the person under
a policy of insurance; or
(b) any
act or omission of the person contributed to the loss or damage.
(3) Compensation is
not payable to the person for loss or damage if the loss or damage would have
happened in any event irrespective of the exercise, or purported exercise, of
the power.