Draft Report (1988) - Employees' liability

Terms of reference


Updates and background for this project (Digest)

On 9 April 1984, the then Attorney General of New South Wales, the late Honourable DP Landa LLB MP made the following reference to the Commission:

Pursuant to s10 of the Law Reform Commission Act, 1967, I refer the following matters to the Law Reform Commission for inquiry and report to me.

(1) (a) whether contribution or indemnity by an employee to an employer in respect of the liability of the employer, pursuant to common law, the Workers’ Compensation Act, 1926 or otherwise, for loss or damage suffered by a third person as a result of the act or omission of the employee, should be limited or denied.


(b) the circumstances, if any, in which an employer should be liable to indemnify an employee in respect of liability incurred by the employee for loss or damage suffered by a third party.
(2) Any related matter.

In making its Report the Commission should pay particular attention to the provisions of the Employee's Liability (Indemnification of Employer) Act, 1982.