New South Wales Consolidated Acts

EMPLOYEES LIABILITY ACT 1991 - SECT 5

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.