New South Wales Consolidated Acts

EMPLOYEES LIABILITY ACT 1991 - SECT 6

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.