{"id":"pilots-limitation-of-liability-act-1962","name":"Pilots' Limitation of Liability Act 1962","slug":"pilots-limitation-of-liability-act-1962","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106152,"registerId":"wa-pilots-limitation-of-liability-act-1962-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Pilots' Limitation of Liability Act 1962","content":"![Crest]()Western Australia\n\nPilots’ Limitation of Liability Act 1962\n\nWestern Australia\n\nPilots’ Limitation of Liability Act 1962\n\nContents\n\n1. Short title 1\n\n2. Interpretation 1\n\n3. Limitation of liability of pilots 1\n\n4. Application of Act to the Crown 2\n\nNotes\n\nCompilation table 3\n\nDefined terms\n\n  \n\nWestern Australia\n\nPilots’ Limitation of Liability Act 1962\n\nAn Act relating to the liability of pilots.\n\n##### 1. Short title\n\nThis Act may be cited as the *Pilots’ Limitation of Liability Act 1962*.\n\n##### 2. Interpretation\n\nIn this Act, unless the contrary intention appears —\n\n  pilot means a person who does not belong to, but has the conduct of, a ship;\n\n  ship means a vessel that is not ordinarily propelled by oars only;\n\n  vessel means a vessel used in navigation, other than air navigation, and includes a barge, lighter or like vessel.\n\n##### 3. Limitation of liability of pilots\n\nNotwithstanding the provisions of any other Act or law, but subject to the *Navigation Act 2012* (Commonwealth), a pilot is not liable for neglect or want of skill in piloting a ship beyond the amount of $200 together with the amount payable to him on account of pilotage in respect of the voyage in which he was engaged when he became so liable.\n\n[Section 3 amended: No. 113 of 1965 s. 8(1); No. 24 of 2023 s. 108.]\n\n##### 4. Application of Act to the Crown\n\nThis Act binds the Crown.\n\n![]()\n\nNotes\n\nThis is a compilation of the *Pilots’ Limitation of Liability Act 1962* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Pilots’ Limitation of Liability Act 1962* | 27 of 1962 | 4 Oct 1962 | 4 Oct 1962 |\n| *Decimal Currency Act 1965* | 113 of 1965 | 21 Dec 1965 | s. 4‑9: 14 Feb 1966 (see s. 2(2));   balance: 21 Dec 1965 (see s. 2(1)) |\n| **Reprint of the *Pilots’ Limitation of Liability Act 1962* as at 12 Jul 2002**   (includes amendments listed above) | | | |\n| *Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023* Pt. 10 Div. 4 | 24 of 2023 | 24 Oct 2023 | 21 Dec 2023 (see s. 2(b) and SL 2023/203 cl. 2(b)) |\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\npilot 2\n\nship 2\n\nvessel 2\n\n© State of Western Australia 2023.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2023.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Impossible to assess whether the Act's scope changed from its original intent — the legislative text is not accessible. The Act has not been repealed as of its last known listing, but its current status cannot be confirmed from the information provided."},"complexity_factors":["The actual legislative text is unavailable — analysis is based solely on the Act's title","Liability limitation legislation can involve technical legal caps and formulas, but the 1962 vintage suggests a relatively straightforward scheme by modern standards","Maritime pilotage law intersects admiralty law (international shipping law) which adds some complexity","Without the text, no meaningful assessment of cross-references, schedules, or definitional complexity is possible"],"plain_english_summary":"The Pilots' Limitation of Liability Act 1962 (WA) is a Western Australian law—likely about maritime pilots—that appears to cap how much pilots or their employers can be held financially responsible for losses or damage arising during pilotage. It matters to maritime pilots, shipping companies, port operators and cargo owners because it would limit liability exposure from pilotage incidents."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act’s operative scope has been altered by later amendments: section 3 is now expressly subject to the Commonwealth Navigation Act 2012 (see s.3), and the compilation notes record amendments in 1965 and 2023. That change ties the state-level liability cap into federal maritime law, narrowing its standalone operation and making the cap’s effect contingent on Commonwealth rules."},"complexity_factors":["Cross-reference and subordination to Commonwealth Navigation Act 2012 creates inter-jurisdictional dependency (s.3).","Very short text with a fixed historical monetary cap ($200) that may raise currency/value interpretation issues (s.3).","Concise but specific definitions of pilot, ship and vessel limit and shape application (s.2).","Express application to the Crown affects who can be sued and who carries the liability (s.4).","Amendment history (1965, 2023) changes operation and requires checking compilation notes for commencement details (Compilation table)."],"plain_english_summary":"This Act limits a ship pilot’s personal legal liability for neglect or lack of skill to $200 plus whatever pilotage fee is payable for the voyage, and it applies to the Crown. The cap is subject to the Commonwealth Navigation Act 2012, so federal maritime law can override this state cap. Practically, injured parties can recover only up to the capped amount from a pilot; risk allocation shifts to other parties (claimants, shipowners, insurers) beyond that sum."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of limiting pilot liability. The 2023 amendment merely updated the cross-reference from the old federal Navigation Act to the current Navigation Act 2012 - it did not expand the scope or add new categories of protection. The 1965 amendment was purely technical (converting pounds to dollars for decimal currency). The Act has not grown beyond its narrow original intent of capping pilot liability for negligence."},"complexity_factors":["Only 4 operative sections (short title, interpretation, limitation provision, Crown application)","Just 3 defined terms in the interpretation section","Single substantive provision (section 3) containing the liability cap","No nested exceptions or complex conditional logic - only one carve-out referring to the federal Navigation Act","No cross-references to other Western Australian legislation","Straightforward monetary calculation: fixed sum ($200) plus voyage fee","Legislation has remained structurally unchanged since 1962 with only minor updates (decimal currency conversion in 1965 and reference update to federal Navigation Act in 2023)"],"plain_english_summary":"This Western Australian law protects maritime pilots from being sued for huge amounts of money if they make mistakes while guiding ships.\n\n**What it does:**\n- **Caps (limits) how much a pilot can be sued for** if they're negligent (careless) or lack skill while piloting a ship\n- The maximum liability is **$200 plus whatever fee they were paid for that specific voyage**\n- This applies even if the damage caused is worth millions of dollars\n\n**Who is affected:**\n- **Pilots**: People who guide ships through harbours, rivers, or dangerous waters but aren't crew members of those ships\n- **Ship owners and operators**: They can't recover full damages from pilots for accidents\n- **Anyone who suffers loss** from a pilot's mistake: their compensation is limited\n\n**Key definitions:**\n- **Pilot**: Someone who doesn't belong to the ship's crew but has control of steering it\n- **Ship**: Any vessel not powered only by oars (so motor vessels, sailing ships, etc.)\n- **Vessel**: Includes barges and lighters (flat-bottomed boats used for loading/unloading)\n\n**Important exception:**\n- The federal *Navigation Act 2012* (Commonwealth law) overrides this if there's a conflict, meaning pilots may face higher liability under federal maritime safety rules in some situations.\n\n**Why it matters:**\nThis law makes piloting financially viable as a profession. Without it, a single serious accident could bankrupt a pilot personally, making it impossible to attract people to this essential but risky job guiding large vessels safely."}},"importantCases":[],"_links":{"self":"/api/acts/pilots-limitation-of-liability-act-1962","history":"/api/acts/pilots-limitation-of-liability-act-1962/history","analysis":"/api/acts/pilots-limitation-of-liability-act-1962/analysis","conflicts":"/api/acts/pilots-limitation-of-liability-act-1962/conflicts","importantCases":"/api/acts/pilots-limitation-of-liability-act-1962/important-cases","documents":"/api/acts/pilots-limitation-of-liability-act-1962/documents"}}