EMPLOYEES LIABILITY BILL 1988

NEW SOUTH WALES

[STATE ARMS]

TABLE OF PROVISIONS

1. Short title

2. Liability of employee where employer also liable

3. Employer subrogated to rights of employee under insurance policy

4. Act to prevail

5. Act binds Crown

6. Causes of action to which Act applies

7. Repeal of Act No. 3, 1982

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EMPLOYEES LIABILITY BILL 1988

NEW SOUTH WALES

[STATE ARMS]

A BILL FOR

An Act to make provision with respect to the liability of employees; and to repeal the Employee's Liability (Indemnification of Employer) Act 1982.

The Legislature of New South Wales enacts:

Short title

1. This Act may be cited as the Employees Liability Act 1988.

Liability of employee where employer also liable

2. (1) If an employee commits a tort for which his or her employer is also liable---

(a) the employee is not liable to indemnify, or to pay any contribution to, the employer in respect of the liability incurred by the employer; and

(b) the employer is liable to indemnify the employee in respect of liability incurred by the employee for the tort (unless the employee is otherwise entitled to an indemnity in respect of that liability).

(3) This section does not apply to a tort committed by an employee if the conduct constituting the tort---

(a) was serious and wilful misconduct; or

(b) did not occur in the course of, and did not arise out of, the employment of the employee.

3. (1) If---

(a) an employer is proceeded against for the tort of his or her employee; and

(b) the employee is entitled under a policy of insurance to be indemnified in respect of liability that the employee may incur in respect of that tort,

(2) In this section, “insurance” includes indemnity.

Act to prevail

4. This Act has effect notwithstanding---

(a) any other Act or law; or

(b) the provisions (express or implied) of any contract or agreement entered into before or after the commencement of this Act.

5. This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.

Causes of action to which Act applies

6. This Act applies whether the cause of action concerned arose before, or arises after, the commencement of this Act.

Repeal of Act No. 3, 1982

7. The Employee's Liability (Indemnification of Employer) Act 1982 is repealed.

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LAW REFORM (MISCELLANEOUS PROVISIONS) BILL 1988

NEW SOUTH WALES

[STATE ARMS]

TABLE OF PROVISIONS

1. Short title

2. Abolition of remedy for loss of services of servant (per quod servitium amisit)

3. Act to prevail

4. Application of Act

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LAW REFORM (MISCELLANEOUS PROVISIONS) BILL 1988

NEW SOUTH WALES

[STATE ARMS]

A BILL FOR

An Act to abolish liability in tort for depriving a person of the services of any servant of the person.

The Legislature of New South Wales enacts:

Short title

1. This Act may be cited as the Law Reform (Miscellaneous Provisions) Act 1988.

Abolition of remedy for loss of services of servant (per quod servitium amisit)

2. A person is not liable in tort to another person merely because the person has deprived that other person of the services of any servant of that other person.

Act to prevail

3. This Act has effect notwithstanding---

(a) any other Act or law; or

(b) the provisions (express or implied) of any contract or agreement entered into before or after the commencement of this Act.

4. This Act applies whether the conduct that has deprived a person of the services of a servant occurred before, or occurs after, the commencement of this Act.