EMPLOYEES LIABILITY ACT 1991 - As at 1 January 2004 - Act 4 of 1991 TABLE OF PROVISIONS TABLE OF PROVISIONS 1. Name of Act 2. Commencement 2A. Police officers 3. Employee not liable where employer also liable 4. Abolition of action against employee for loss of services of fellow employee (per quod servitium amisit) 5. Act not to apply to serious misconduct of employee or to conduct not related to employment 6. Employer subrogated to rights of employee under insurance policy 7. Act to prevail 8. Act binds Crown 9. Act to apply to previous or future liability 10. Repeal of Employee’s Liability (Indemnification of Employer) Act 1982 No 3 EMPLOYEES LIABILITY ACT 1991 - LONG TITLE An Act relating to the liability of employees in respect of torts committed by them; and to repeal the Employee’s Liability (Indemnification of Employer) Act 1982. EMPLOYEES LIABILITY ACT 1991 - SECT 1 Name of Act 1 Name of Act This Act may be cited as the Employees Liability Act 1991. EMPLOYEES LIABILITY ACT 1991 - SECT 2 Commencement 2 Commencement This Act commences on a day or days to be appointed by proclamation. EMPLOYEES LIABILITY ACT 1991 - SECT 2A Police officers 2A Police officers For the avoidance of doubt, a police officer is declared to be an employee of the Crown for the purposes of this Act. EMPLOYEES LIABILITY ACT 1991 - SECT 3 Employee not liable where employer also liable 3 Employee not liable where employer also liable (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). (2) Contribution under this section includes contribution as joint tortfeasor or otherwise. EMPLOYEES LIABILITY ACT 1991 - SECT 4 Abolition of action against employee for loss of services of fellow employee (per quod servitium amisit) 4 Abolition of action against employee for loss of services of fellow employee (per quod servitium amisit) An employee is not liable in tort to his or her employer merely because the employee has deprived the employer of the services of any other employee of the employer. EMPLOYEES LIABILITY ACT 1991 - SECT 5 Act not to apply to serious misconduct of employee or to conduct not related to employment 5 Act not to apply to serious misconduct of employee or to conduct not related to employment This Act 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. EMPLOYEES LIABILITY ACT 1991 - SECT 6 Employer subrogated to rights of employee under insurance policy 6 Employer subrogated to rights of employee under insurance policy (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, the employer is subrogated to the rights of the employee under that policy in respect of the liability incurred by the employer arising from the commission of the tort. (2) In this section, "insurance" includes indemnity. EMPLOYEES LIABILITY ACT 1991 - SECT 7 Act to prevail 7 Act to prevail This Act has effect despite: (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 section. EMPLOYEES LIABILITY ACT 1991 - SECT 8 Act binds Crown 8 Act binds Crown 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. EMPLOYEES LIABILITY ACT 1991 - SECT 9 Act to apply to previous or future liability 9 Act to apply to previous or future liability This Act applies whether the cause of action concerned arose before, or arises after, the commencement of this section. EMPLOYEES LIABILITY ACT 1991 - SECT 10 Repeal of Employee’s Liability (Indemnification of Employer) Act 1982 No 3 10 Repeal of Employee’s Liability (Indemnification of Employer) Act 1982 No 3 The Employee’s Liability (Indemnification of Employer) Act 1982 is repealed. EMPLOYEES LIABILITY ACT 1991 - NOTES Historical notes The following abbreviations are used in the Historical notes: _____________________________________________________________ |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| Table of ActsEmployees Liability Act 1991 No 4. Assented to 22.4.1991. Date of commencement, 30.8.1991, sec 2 and GG No 121 of 30.8.1991, p 7302. This Act has been amended as follows: _____________________________________________________________________________ | | |Police Legislation Amendment (Civil | | | |Liability) Act 2003. Assented to 20.11.2003. | |2003|No 74| | | | |Date of commencement, 1.1.2004, sec 2 and GG No 197 of 19.12.2003,| |_____________________________________________________________________________| Table of amendments _____________________________ |_____________________________|