New South Wales Consolidated Acts

PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT ACT 2002 - SECT 4I

4I Miscellaneous provisions relating to civil liability

(1) Part 5 of the Workers Compensation Act 1987 applies to work injury damages recoverable from the Government of New South Wales, and to work injury damages recoverable from a statutory corporation, by or in respect of a person employed in a Division of the Government Service to enable the statutory corporation to exercise its functions. That Part so applies as if:

(a) the statutory corporation were an employer of the person in addition to the Government, and

(b) the statutory corporation were an employer liable to pay compensation under that Act.

(2) A policy of insurance may be issued to the Government of New South Wales under the Workers Compensation Act 1987 that is limited to workers employed in a particular Division of the Government Service.

(3) A licence under Division 5 (Self-insurers) of Part 7 of the Workers Compensation Act 1987 that is limited to workers employed in a particular Division of the Government Service may be granted to the Government of New South Wales.

(4) If:

(a) a person is employed in a Division of the Government Service to enable a statutory corporation to exercise its functions, and

(b) the Government of New South Wales is, as the person’s employer, proceeded against for any negligence or other tort of the person (whether the damages are recoverable in an action for tort or breach of contract or in any other action), and

(c) the statutory corporation is entitled under a policy of insurance or indemnity to be indemnified in respect of liability that the corporation may incur in respect of that negligence or other tort,

the Government is subrogated to the rights of the statutory corporation under that policy in respect of the liability incurred by the Government arising from that negligence or other tort.

(5) For the purposes of Division 2 of Part 9 of Chapter 2 of the Industrial Relations Act 1996 :

(a) if a person who is employed in a Division of the Government Service (other than a Department) is appointed (otherwise than on an acting basis) to another position in a different Division of the Government Service, the person is taken to have entered into a new contract of employment in respect of that other position, and

(b) the cessation of a person’s appointment (whether by way of dismissal, resignation, transfer or otherwise) to a position in the Government Service is taken to terminate the person’s contract of employment in respect of that position.

(6) However, a person who holds an appointment to a position that is abolished does not, for the purposes of subsection (5) (b), cease to be appointed to that position until:

(a) such time as the person is appointed to another position in the Government Service, or

(b) such time as the person’s employment in the Government Service is terminated,

whichever occurs first.

(7) In this section:
"work injury damages" means damages recoverable from a statutory corporation or the Government of New South Wales in respect of injury to or the death of a person employed in a Division of the Government Service to enable the statutory corporation to exercise its functions caused by the negligence or other tort of the statutory corporation or the Government and arising out of the employment of the person by the Government, whether the damages are recoverable in an action for tort or breach of contract or in any other action, but does not include motor accident damages to which Chapter 5 of the Motor Accidents Compensation Act 1999 applies.