Employers' Liability Act 1882 No 6a (NSW)

No. VI.

An Act to extend and regulate the Liability of Employers to make Compensation for Personal Injuries suffered by Workmen in their service. [21st November, 1882.]

t h e employer to whose orders or directions t he w o r k m a n a t the t ime of t h e in jury was bound to conform and did conform where such injury resul ted from his h a v i n g so conformed or (IV.)

BE i t enac ted by t h e Queen ' s Mos t Exce l l en t Majesty by and wi th

t he advice and consent of t h e Legislat ive Council and Legislat ive Assembly of N e w South Wales in P a r l i a m e n t assembled a n d by t h e

au thor i ty of t h e same as follows :—

1. W h e r e after t h e commencement of th is A c t personal in jury

is caused to a w o r k m a n —

(I.) By reason of any defect in t h e condit ion of t h e ways works mach ine ry or p l an t connected wi th or used in t he business of t he employer or

(II.) B y reason of t he negl igence of any person in t h e service of

t h e employer who has any super in tendence en t rus ted to h i m

whils t in t he exercise of such super in tendence or

(III . ) B y reason of t he negl igence of a n y person in t he service of

(IV.) B y reason of t he act or omission of any person in the service of t he employer clone or made in obedience to t h e ru les or by- laws of t h e employer or in obedience to par t icular ins t ruc­ t ions given by a n y person delegated wi th t he au thor i ty of

t h e employer in t h a t behalf or

(V.) B y reason of t h e negl igence of any person in t h e service of t h e employer who has t he charge or control of any signal points engine or t ra in upon a rai l or t r a m w a y t h e w o r k m a n or in case t he in jury resul ts in dea th t h e legal personal representat ives of t h e w o r k m a n and any persons ent i t led in case of death shall have t he same r igh t of compensat ion and remedies agains t t h e employer as if t he w o r k m a n h a d no t been a w o r k m a n of nor in t he service of t h e employer nor engaged in his work.

2. A w o r k m a n shall not be ent i t led u n d e r this A c t to a n y r igh t

of compensat ion or r emedy agains t t he employer in a n y of t he follow­
ing cases t h a t is to say—

(I.) U n d e r sub-section one of section one unless t h e defect the re in men t ioned arose from or h a d n o t been discovered or remedied owing to t h e negl igence of t he employer or of some person in t he service of t h e employer and ent rus ted by h i m wi th the d u t y of seeing t h a t t he ways works a n d mach ine ry

or p l an t were in p roper condit ion.

(II.) U n d e r sub-sect ion four of section one unless t he in ju ry resul ted from some impropr ie ty or defect in t he rules by-laws or ins t ruct ions the re in ment ioned Provided t h a t where a ru l e or by- law has been approved or has been accepted as a proper rule or by-law by any d e p a r t m e n t of t h e Gove rnmen t u n d e r or by v i r tue of any A c t of P a r l i a m e n t i t shal l n o t be deemed for t h e purposes of th is A c t to be a n improper or defective rule or by-law.

(III.) I n any case whe re t h e w o r k m a n k n e w of t h e defect or

negl igence which caused his in ju ry and failed wi th in a reasonable t ime to give or cause to be given informat ion thereof to t he employer or some person super ior to himself in t he service of t h e employer unless be was aware t h a t t h e employer or such superior a l ready knew of t he said defect or negl igence.

3. The a m o u n t of compensat ion recoverable unde r th is A c t

shall no t exceed such sum as m a y be found to be equiva lent to t h e

es t imated earnings du r ing the three years preceding the in ju ry of a
person in t h e same grade employed du r ing those years in t h e l ike

emp loymen t and in t h e dis t r ic t i n which t h e w o r k m a n is employed

a t t he t ime of t he in jury .

4. A n act ion for t h e recovery unde r th i s A c t of compensat ion

for an in jury shall no t be main ta inab le unless not ice t h a t in jury has been sustained is given wi th in six weeks and the act ion is commenced wi th in six m o n t h s from the occurrence of t h e accident causing the in ju ry or

in case of death wi th in twelve m o n t h s from t h e t i m e of death.

5. There shall be deducted from a n y compensat ion awarded to

any w o r k m a n or representa t ives of a w o r k m a n or persons c la iming b y

unde r or t h r o u g h a w o r k m a n in respect of any cause of ac t ion ar is ing

u n d e r th i s Ac t any penal ty or pa r t of a pena l ty wh ich m a y have been

pa id in pu r suance of any o ther A c t of P a r l i a m e n t to such w o r k m a n representa t ives or persons in respec t of t h e same cause of act ion a n d where a n act ion has been b r o u g h t unde r th is A c t b y any w o r k m a n or

t he representa t ives of any w o r k m a n or any persons c la iming by	unde r
or t h r o u g h such w o r k m a n for compensat ion in respect of	any cause of

ac t ion ar is ing u n d e r th i s A c t and p a y m e n t has n o t previously been

made

m a d e of any pena l ty	or pa r t	of a pena l ty	u n d e r	any o ther A c t of
Pa r l i amen t	in respect	of t h e same	cause of act ion such	w o r k m a n

representa t ives or persons shall no t be ent i t led thereaf ter to receive

any pena l ty or p a r t of a pena l ty unde r any other A c t of Pa r l i amen t

in respect of t he same cause of action.
6. I n de termining in any case t h e a m o u n t of compensat ion payable unde r th is A c t by an employer the value of any paymen t or cont r ibut ion m a d e by such employer to or for t he in jured person in respect of his in jury shall be t aken in to considerat ion a n d also t h e value of any p a y m e n t or cont r ibut ion m a d e by such employer to any insurance or compensat ion fund to t he ex ten t to which any person who would otherwise bo ent i t led to compensat ion unde r th i s A c t has

ac tual ly received compensat ion	out of such p a y m e n t	or cont r ibut ion	a t
t h e expense of such employer .

7. The Cour t in which a n y action for recovery of compensa t ion unde r th is A c t is commenced or is pend ing m a y a t any stage of t he proceedings amend any defect in a notice of in ju ry or death or direct t h a t t h e ac t ion shal l proceed and be main ta inab le no twi ths t and ing t h a t such not ice has n o t been given duly or a t all if t h e Cour t h a v i n g regard to t h e c i rcumstances of t h e case th inks jus t so to direct and if i t appears to t h e Cour t t h a t wi th in t h e t ime l imi ted by t h e A c t for g iv ing such not ice t h e employer or his agen t or representa t ive had knowledge or not ice of t he occurrence of t he accident a n d of t h e fact t h a t t he w o r k m a n was injured the reby or t h a t t he re was reasonable excuse for such defect or omission.

8. Not ice in respect of an in jury under th i s Ac t shall give t he n a m e and address of t he person injured and shall s tate in ordinary l anguage the cause of t he in jury and the da te a t wh ich i t was sustained and shal l be served on the employer or if the re is more t h a n one employer upon one of such employers The notice may be served by delivering t h e same to or a t t h e residence or place of business of t he person on w h o m it is to be served T h e not ice may also be served b y post b y a regis tered le t ter addressed to t he person on w h o m it is to be served a t his last k n o w n place of residence or place of business and if served by post shal l be deemed to have been served a t t h e t i m e w h e n a l e t t e r con­ ta in ing the same would be delivered in t h e ordinary course of post and in proving the service of such not ice it shal l be sufficient to prove t h a t t h e not ice was proper ly addressed a n d registered W h e r e t he employer is a body of persons corporate or unincorpora te t he not ice shal l be served by del iver ing t h e same a t or by sending i t by post in a regis tered

le t t e r addressed to t he office or if there be more t h a n one office any	one of t h e offices of such body A notice unde r th is section shall n o t
be deemed inval id by reason of any defect or inaccuracy the re in unless t he J u d g e who tries the act ion arising from t h e in ju ry ment ioned in t h e notice shall be of opinion t h a t t h e defendant in t h e act ion is prejudiced in his defence by such defect or inaccuracy.

9. F o r t h e purposes of th i s A c t unless the context otherwise

requi res t h e expression " person w h o has super in tendence en t rus ted to

h i m " means a person whose sole or pr incipal d u t y is t h a t of	superin­
tendence and who is no t ordinari ly engaged in m a n u a l labour	The

expression " e m p l o y e r " includes a body of persons corporate or un in ­

corporate The expression " w o r k m a n " means a rai lway servant and any other person who being a labourer servant in h u s b a n d r y j ou rneyman artificer handicraf t sman miner or otherwise engaged in m a n u a l labour w h e t h e r unde r t h e age of twen ty -one years or above t h a t age lias entered in to or works u n d e r a cont rac t wi th an employer whe the r t h e contract be made before or after t he passing of this Act be express or implied oral or in wr i t ing and be a con t rac t of service or a con t rac t personal ly to execute a n y work or labour.

10. This Ac t shall n o t come in to operat ion un t i l t he first day of J a n u a r y one thousand e ight hund red and e igh ty - th ree which da te is

in th is A c t referred to as the commencemen t of th i s Ac t .

1 1 . This A c t m a y he ci ted as t he " Employer s ' Liabi l i ty A c t

1 8 8 2 " and shall con t inue in force t i l l t h e thir ty-first day of	December
one thousand e igh t h u n d r e d and eighty-five and to t h e end of t he	t h e n

n e x t session of P a r l i a m e n t a n d no longer unless P a r l i a m e n t shal l otherwise de te rmine and all act ions commenced under th i s A c t before t h a t period shall be cont inued as if t h e said A c t h a d not expired.