New South Wales Consolidated Acts

WORKERS COMPENSATION ACT 1987 - SECT 151AA

151AA Abolition of doctrine of common employment

(1) It is not a defence to an employer who is sued in respect of any personal injury caused by the negligence of a person employed by the employer that the person so employed was, at the time the personal injury was caused, in common employment with the person injured.

(2) This section applies to every case in which the relation of employer and employee exists, whether the contract of employment is made before or after the commencement of this section, and whether or not the employment is one to which the other provisions of this Act apply.

(3) In this section:
"employer" includes the Crown but does not include any person who by any provision of this Act is deemed to be an employer.
"personal injury" includes:

(a) death, and

(b) any disease, and

(c) any impairment of the physical or mental condition of a person.