{"id":"occupiers-liability-act-1985","name":"Occupiers' Liability Act 1985","slug":"occupiers-liability-act-1985","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105862,"registerId":"wa-occupiers-liability-act-1985-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Occupiers' Liability Act 1985","content":"![Crest]()Western Australia\n\nOccupiers’ Liability Act 1985\n\nWestern Australia\n\nOccupiers’ Liability Act 1985\n\nContents\n\n1. Short title 1\n\n2. Terms used 1\n\n3. Act binds Crown 1\n\n4. Application of s. 5 to 7 1\n\n5. Duty of care of occupier 2\n\n6. Negligence of independent contractor 3\n\n7. Duty not restricted or excluded by contract 3\n\n8. Preservation of higher obligations 4\n\n9. Duty of care of landlord 4\n\n10. *Law Reform (Contributory Negligence and Tortfeasors’ Contribution) Act 1947* 5\n\nNotes\n\nCompilation table 6\n\nDefined terms\n\n  \n\nWestern Australia\n\nOccupiers’ Liability Act 1985\n\nAn Act prescribing the standard of care owed by occupiers and landlords of premises to persons and property on the premises.\n\n##### 1. Short title\n\nThis Act may be cited as the *Occupiers’ Liability Act 1985* 1.\n\n##### 2. Terms used\n\nIn this Act, unless the contrary intention appears —\n\n  occupier of premises means person occupying or having control of land or other premises;\n\n  premises includes any fixed or movable structure, including any vessel, vehicle or aircraft.\n\n##### 3. Act binds Crown\n\nThis Act binds the Crown.\n\n##### 4. Application of s. 5 to 7\n\n(1) Sections 5 to 7 shall have effect, in place of the rules of the common law, for the purpose of determining the care which an occupier of premises is required, by reason of the occupation or control of the premises, to show towards a person entering on the premises in respect of dangers —\n\n(a) to that person; or\n\n(b) to any property brought on to the premises by, and remaining on the premises in the possession and control of, that person, whether it is owned by that person or by any other person,\n\nwhich are due to the state of the premises or to anything done or omitted to be done on the premises and for which the occupier of premises is by law responsible.\n\n(2) Nothing in sections 5 to 7 shall be taken to alter the rules of the common law which determine the person on whom, in relation to any premises, a duty to show the care referred to in subsection (1) towards a person entering those premises is incumbent.\n\n##### 5. Duty of care of occupier\n\n(1) Subject to subsections (2) and (3) the care which an occupier of premises is required by reason of the occupation or control of the premises to show towards a person entering on the premises in respect of dangers which are due to the state of the premises or to anything done or omitted to be done on the premises and for which the occupier is by law responsible shall, except in so far as he is entitled to and does extend, restrict, modify or exclude by agreement or otherwise, his obligations towards that person, be such care as in all the circumstances of the case is reasonable to see that that person will not suffer injury or damage by reason of any such danger.\n\n(2) The duty of care referred to in subsection (1) does not apply in respect of risks willingly assumed by the person entering on the premises but in that case the occupier of premises owes a duty to the person not to create a danger with the deliberate intent of doing harm or damage to the person or his property and not to act with reckless disregard of the presence of the person or his property.\n\n(3) A person who is on premises with the intention of committing, or in the commission of, an offence punishable by imprisonment is owed only the duty of care referred to in subsection (2).\n\n(4) Without restricting the generality of subsection (1), in determining whether an occupier of premises has discharged his duty of care, consideration shall be given to —\n\n(a) the gravity and likelihood of the probable injury; and\n\n(b) the circumstances of the entry onto the premises; and\n\n(c) the nature of the premises; and\n\n(d) the knowledge which the occupier of premises has or ought to have of the likelihood of persons or property being on the premises; and\n\n(e) the age of the person entering the premises; and\n\n(f) the ability of the person entering the premises to appreciate the danger; and\n\n(g) the burden on the occupier of eliminating the danger or protecting the person entering the premises from the danger as compared to the risk of the danger to the person.\n\n##### 6. Negligence of independent contractor\n\n(1) An occupier is not liable under this Act where the damage is due to the negligence of an independent contractor engaged by the occupier if —\n\n(a) the occupier exercised reasonable care in the selection and supervision of the independent contractor; and\n\n(b) it was reasonable in all the circumstances that the work that the independent contractor was engaged to do should have been undertaken.\n\n(2) Subsection (1) does not operate to abrogate or restrict the liability of an occupier for the negligence of his independent contractor imposed by any other Act.\n\n##### 7. Duty not restricted or excluded by contract\n\n(1) The duty of an occupier of premises under this Act, or his liability for breach thereof, shall not be restricted or excluded by the provisions of any contract to which the person to whom the duty is owed is not a party, whether or not the occupier of premises is bound by the contract to permit such person to enter or use the premises.\n\n(2) This section applies to contracts entered into before the commencement of this Act as well as to contracts entered into after its commencement.\n\n##### 8. Preservation of higher obligations\n\n(1) Nothing in this Act relieves an occupier of premises in any particular case from any duty to show a higher standard of care than in that case is incumbent on him by virtue of any enactment or rule of law imposing special liability or standards of care on particular classes of persons including, but without restricting the generality of the foregoing, the obligations of common carriers and bailees.\n\n(2) Nothing in this Act shall be construed to affect the rights, duties and liabilities arising from an employer and employee relationship where it exists.\n\n##### 9. Duty of care of landlord\n\n(1) Where premises are occupied or used by virtue of a tenancy under which the landlord is responsible for the maintenance or repair of the premises, it shall be the duty of the landlord to show towards any persons who may from time to time be on the premises the same care in respect of dangers arising from any failure on his part in carrying out his responsibilities of maintenance and repair of the premises as is required under this Act to be shown by an occupier of premises towards persons entering on those premises.\n\n(2) Where premises are occupied or used by virtue of a sub‑tenancy, subsection (1) shall apply to any landlord who is responsible for the maintenance or repair of the premises comprised in the sub‑tenancy.\n\n(3) Nothing in this section shall relieve a landlord of any duty which he is under apart from this section.\n\n(4) This section applies to tenancies created before the commencement of this Act as well as to tenancies created after its commencement.\n\n##### 10. *Law Reform (Contributory Negligence and Tortfeasors’ Contribution) Act 1947*\n\nThe *Law Reform (Contributory Negligence and Tortfeasors’ Contribution) Act 1947* applies to claims under this Act.\n\n![dline]()\n\nNotes\n\n1 This reprint is a compilation as at 8 May 2015 of the *Occupiers’ Liability Act 1985*. The following table contains information about that Act. The table also contains information about any reprint.\n\nCompilation table\n\n| **Short title** | | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- | --- |\n| *Occupiers’ Liability Act 1985* | | 52 of 1985 | 28 Oct 1985 | 25 Nov 1985 |\n| **Reprint of the *Occupiers’ Liability Act 1985* as at 26 Jul 2002** | | | | |\n| **Reprint 2: The *Occupiers’ Liability Act 1985* as at 8 May 2015** | | | | |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\noccupier of premises 2\n\npremises 2\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of prescribing the standard of care owed by occupiers and landlords. The scope has not expanded beyond premises liability, and the 2015 reprint shows no substantive amendments that would indicate scope creep."},"complexity_factors":["Only 2 defined terms in the interpretation section (section 2)","Straightforward structure with 10 short sections","Limited cross-referencing (only references to the Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 in section 10)","Simple conditional logic with clear exceptions in subsections (e.g., subsections 5(2) and 5(3) for voluntary risk-takers and criminals)","No nested exceptions or deeply layered provisos","Plain language drafting with minimal archaic legal terminology","Single purpose legislation that stays focused on occupiers' and landlords' duties without expanding into adjacent areas"],"plain_english_summary":"**What this law does:**\n\nThis Act sets out the legal responsibilities of people who control or occupy property (\"occupiers\") and landlords in Western Australia when someone enters their premises. It replaces the old, complicated common law rules with a clearer, modern standard of care.\n\n**Who it affects:**\n\n- **Occupiers** — anyone who controls or occupies land, buildings, vehicles, vessels, or aircraft (including temporary structures)\n- **Landlords** — when they're responsible for maintaining or repairing the property\n- **Visitors** — anyone entering the premises, though the level of protection varies:\n  - **Ordinary visitors**: entitled to reasonable care to prevent injury or damage\n  - **People committing crimes**: only protected against deliberate harm or reckless disregard\n  - **People taking voluntary risks**: same limited protection as criminals\n\n**Key protections and limits:**\n\n- Occupiers must take **reasonable care** to prevent injury or damage from dangers on the premises they're responsible for\n- When judging if care was reasonable, courts look at factors like:\n  - How serious and likely the danger was\n  - Why the person was there\n  - The visitor's age and ability to understand risks\n  - The cost of fixing the danger versus the risk\n- **Independent contractors**: Occupiers aren't liable for a contractor's negligence if they chose and supervised them carefully\n- **Contracts can't override protection**: You can't sign away someone's safety rights in a contract they weren't part of\n- **Higher standards still apply**: This Act sets a minimum; other laws (like workplace safety) may require more\n\n**Why it matters:**\n\nThis law balances property rights with visitor safety. It protects legitimate visitors while recognising that occupiers shouldn't be responsible for trespassers or criminals to the same degree. It also prevents landlords and occupiers from avoiding responsibility through fine print in contracts."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope of the Act changed from its original intent — the legislative text was not available for analysis. No determination can be made responsibly without access to the actual provisions."},"complexity_factors":["Insufficient source material — the legislative text was not retrievable, preventing meaningful complexity assessment","Occupiers' liability laws generally involve multi-factor duty of care tests which add moderate complexity","Distinctions between categories of entrants (invitees, licensees, trespassers) can create layered legal analysis","Interaction with common law negligence principles and other statutes (e.g. Civil Liability Act) adds interpretive complexity","Score is conservatively low due to absence of actual legislative content to assess"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Occupiers' Liability Act 1985 (WA)** could not be retrieved — the source page is no longer accessible due to a website migration.\n\n### What we know about this law in general terms:\nThe Occupiers' Liability Act 1985 is a Western Australian law that governs the **legal duty of care owed by people who control or occupy land or premises** (called \"occupiers\") to people who enter that property. It affects:\n- **Property owners, landlords, and businesses** who have a duty to keep their premises reasonably safe\n- **Visitors, customers, and members of the public** who may be injured on someone else's property\n- **Trespassers**, who may have limited but still recognised protections\n\nThe law matters because it determines **who is legally responsible** if someone is injured on a property — for example, slipping in a supermarket, falling on a neighbour's path, or being hurt at a construction site.\n\n> ⚠️ **Important:** Because the full legislative text could not be retrieved, no detailed or reliable legal analysis can be provided. Please access the current version directly via the [Western Australian Legislation website](https://www.legislation.wa.gov.au) or contact Parliamentary Counsel's Office."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act alters the legal method for deciding what care an occupier must show by replacing the common‑law rules with a statutory test for the matters covered by sections 5–7 (s 4(1)). It extends the statutory standard explicitly to damage to property brought onto the premises (s 4(1)(b)), binds the Crown (s 3), and imposes a parallel maintenance/repair duty on landlords where the tenancy makes them responsible (s 9). The Act preserves which person owes a duty (s 4(2)) and leaves higher statutory or common‑law duties intact (s 8), so the scope change is one of method and coverage (statutory factors and explicit inclusions) rather than a wholesale removal of other forms of liability."},"complexity_factors":["Statutory replacement of parts of the common law for determining occupier care (s 4(1)) requires courts to adapt existing precedents to the statutory test.","Open \"reasonableness\" standard with a multi‑factor list (s 5(1), s 5(4)) creates case‑by‑case judicial assessment rather than a bright‑line rule.","Multiple exceptions and qualifications (assumed risk s 5(2); criminal entrants s 5(3); independent contractor defence s 6) add conditional complexity.","Interaction between occupier's ability to vary obligations by agreement (s 5(1)) and the prohibition on excluding duties by contracts to which the injured person is not a party (s 7) creates a textual tension requiring interpretation.","Preservation clauses that keep higher statutory or common‑law duties in force (s 8) and that save other statutory liabilities from being abrogated by the independent‑contractor defence (s 6(2)) increase cross‑statute interaction.","Landlord duties that apply to past and future tenancies (s 9(1), s 9(4)) widen practical coverage of the Act.","Application to both persons and property brought onto premises (s 4(1)(b)) broadens the kinds of loss covered and the evidence needed to prove damage."],"plain_english_summary":"The Act replaces part of the common law by setting a statutory \"reasonable care in all the circumstances\" duty for occupiers (and for landlords who are responsible for maintenance) toward people on premises and property they bring. Courts judge compliance using listed factors; defences include voluntary assumption of risk and a qualified independent‑contractor defence.\n\nIt bars using third‑party contract clauses to extinguish duties to non‑parties, preserves higher statutory/common‑law duties, binds the Crown, and leaves contributory‑negligence rules in place."}},"importantCases":[],"_links":{"self":"/api/acts/occupiers-liability-act-1985","history":"/api/acts/occupiers-liability-act-1985/history","analysis":"/api/acts/occupiers-liability-act-1985/analysis","conflicts":"/api/acts/occupiers-liability-act-1985/conflicts","importantCases":"/api/acts/occupiers-liability-act-1985/important-cases","documents":"/api/acts/occupiers-liability-act-1985/documents"}}