Western Australian Consolidated Acts

LAW REFORM (COMMON EMPLOYMENT) ACT 1951 - SECT 3

3 .         Common law doctrine of common employment abrogated and contracting out prevented

        (1)         It shall not be a defence to an employer who is sued in respect of any injury or damage caused by the wrongful act, neglect, or default of a person employed by him, that that person was at the time the injury or damage was caused in common employment with the person suffering that injury or damage.

        (2)         Any provision contained in a contract of service or apprenticeship, or in an agreement collateral thereto (including a contract or agreement entered into before the commencement of this Act), shall be void in so far as it would have the effect of excluding or limiting any liability of the employer in respect of personal injuries caused to the person employed or apprenticed by the wrongful act, neglect, or default of any persons in common employment with him.

        (3)         This Act shall bind the Crown and instrumentalities of the Crown.