LAW REFORM (MISCELLANEOUS PROVISIONS) ACT 1956 - SECT 22A Rights in cases of vicarious liability

LAW REFORM (MISCELLANEOUS PROVISIONS) ACT 1956 - SECT 22A

    (1)     Notwithstanding any other law in force in the Territory, or the provisions, express or implied, of a contract or agreement, where an employee commits a tort for which his employer is vicariously liable:

        (a)     the employee shall not be liable to indemnify the employer in relation to the vicarious liability incurred by the employer; and

        (b)     unless the employee is otherwise entitled to indemnity in relation to his liability, the employer shall be liable to indemnify the employee in relation to the liability incurred by the employee,

arising from the commission of the tort.

    (2)     Where an employer is proceeded against for the tort of his employee, and the employee is entitled in pursuance of a policy of insurance or contract of indemnity to be indemnified in relation to a liability that he may incur in relation to the tort, the employer shall be subrogated to the rights of the employee under the policy or contract in relation to the liability incurred by the employer, arising from the commission of the tort.

    (3)     Where a person commits serious and wilful, or gross, misconduct in the course of his employment and the misconduct constitutes a tort, subsection (1) shall not apply in relation to the tort.