Law Reform (Common Employment) Act 1951
Reprinted as at 10 May 2002
Guide for using this reprint
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
1.Details about the original Act are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.
2.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the Act being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.
Notes amongst text (italicised and within square brackets)
Editorial notes show if something has been omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything omitted can be found in an earlier reprint (if there is one) or the Act as passed.
Reprinted under the Reprints Act 1984 as at 10 May 2002
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 table3
Reprinted under the Reprints Act 1984 as at 10 May 2002
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The Employers’ Liability Act 1894 (58 Victoriae No. 3) is hereby repealed.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
(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.
Notes
1This is a reprint as at 10 May 2002 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 |
By Authority: JOHN A. STRIJK, Government Printer