Are liability waivers enforceable in Western Australia?

Western Australia does not have the same broad recreational-waiver statute as the eastern states, so a provider relies mainly on the recreational-services carve-out in section 139A of the Australian Consumer Law and on a well-drafted common-law release. A clear, conspicuous waiver signed by an adult is generally enforceable for ordinary negligence.

Because there is less statutory backing, wording and genuine notice do more work in WA. A release cannot excuse reckless conduct, and a parent cannot waive a child's claim, so use a minor's form as consent and keep insurance and safety practices in place.

Popular waivers for Western Australia businesses

The document still needs to fit your service. Common ones include fitness, recreation, wellness, and med spa waivers.

Important

This page is general information, not legal advice, and WaiverPad is not a law firm. Waiver law differs by state and turns on the facts. Have any waiver reviewed by a lawyer in Western Australia before you rely on it.