Western Australia
Law Reform (Common Employment) Act 1951
Western Australia
Law Reform (Common Employment) Act 1951
Contents
1.Short title1
2.Repeal of Act 58 Vict. No. 31
3.Common law doctrine of common employment abrogated and contracting out prevented1
4.Application of this Act2
Notes
Compilation table2
Western Australia
Law Reform (Common Employment) Act 1951
An Act to abolish the common law doctrine of common employment.
This Act may be cited as the Law Reform (Common Employment) Act 1951 1.
2.Repeal of Act 58 Vict. No. 3
The Employers’ Liability Act 1894 (58 Victoriae No. 3) is hereby repealed.
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.
This Act shall apply to all causes of action accruing after its commencement.
1This is a compilation of the Law Reform (Common Employment) Act 1951. The following table contains information about that Act.
|
Short title |
Number and year |
Assent |
Commencement |
|
Law Reform (Common Employment) Act 1951 |
29 of 1951 |
19 Dec 1951 |
19 Dec 1951 |
|
Reprint of the Law Reform (Common Employment) Act 1951 as at 10 May 2002 |
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