No. VIII.
Ail Act to extend and regulate the Liability
of Employers to make Compensation for
Personal Injuries suffered by Workmen
| in their service, | \21tli August, 1886.] |
| BE i t enac ted by the Queen ' s Mos t Exce l l en t Majes ty b y | t h e advice and consent of the Legislat ive Counci l | and Legislat ive |
| t ions given by any person delegated wi th | t h e | au tho r i t y | of | |
| t h e employer in t h a t behalf or | (v) | |
| Assembly of | N e w South Wales in P a r l i a m e n t | assembled and | 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 | c o m m e n c e m e n t | of th i s A c t | personal | in ju ry |
| is caused to a | w o r k m a n — |
(i) B y reason of a n y defect in t h e s ta te or condi t 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 h e negl igence of any person in t h e service of t he employer who lias any super in tendence en t rus ted to h i m whi ls t in t h e exercise of such super in tendence or
( i n ) By reason of t he negl igence of any person in t he service of
| t h e employer to whose | orders or directions | t he | w o r k m a n a t |
| t h e t i m e of t h e in jury was bound to conform and did | conform |
| where such in jury resulted from his h a v i n g so conformed | or |
(iv) By reason of the act or omission of any person in the service of t h e employer done or m a d e in obedience to t h e rules or by- laws of t h e employer or in obedience to pa r t i cu la r i n s t ruc
(v) By reason of the negligence of any person in the service of t h e employer who has t he charge or control of any signal-
| points engine or t r a 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 |
| representa t ives | of | t he w o r k m a n and any persons ent i t led in case of |
dea th shal l have t h e same r igh t of compensat ion and remedies agains t t he employer as if the w o r k m a n had no t been a w o r k m a n of nor in t h e service of t h e employer nor engaged in his work .
| 2. | A w o r k m a n | shal l not be ent i t led unde r th i s A c t to any | r igh t |
of compensat ion or remedy aga ins t t he employer in any of t h e
following cases t h a t is to say—
(i) Under subsection one of section one unless the 'defect there in men t ioned arose from or had not been discovered or remedied owing to t h e negl igence of t h e employer or of some person in t he service of t h e employer and en t rus ted b y h i m
| wi th t h e 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 proper condition. |
(II) U n d e r subsection four of section one unless t h e in jury
resul ted from some impropr ie ty or defect in t h e rules by-laws
| or ins t ruct ions | there in | ment ioned . |
| ( i n ) | I n any case Avhere t h e w o r k m a n k n e w of t h e delect or negl igence wh ich caused his in jury and failed wi th in a reasonable t ime to give or cause to be given informat ion thereof to t h e employer or some person en t rus ted wi th any |
| dut ies of super in tendence | in or over tha t d e p a r t m e n t in | which | |
| the | defect | or negl igence existed | w h e t h e r such | supe r in t enden t | |
| be ordinari ly engaged in m a n u a l labour or n o t unless t he injured person should himself perform dut ies of super in tend ence in which case such injured person m u s t have given not ice to t h e employer or to a person en t rus ted w i t h any super in tendence over himself unless t h e employer or person so en t rus ted already k n e w of t h e said defect or negl igence. |
| 3 . The a m o u n t | of | compensat ion | recoverable | u n d e r | th is | A c t |
shall no t exceed such s u m as m a y be found to be equiva lent to t h e es t imated earn ings du r ing the th ree years p reced ing the in jury of a person in t h e same grade employed dur ing those years in t he l ike e m p l o y m e n t and in the distr ict in which t h e w o r k m a n is employed a t
| t he t i m e of t he | in jury . |
| 4. A n ac t ion for t h e recovery unde r | th is Ac t of | compensat ion |
| for an injury shall no t be main ta inab le unless not ice t h a t injury has been | susta ined is given wi th in six weeks and t h e ac t ion is commenced |
| wi th in | six m o n t h s | f rom | t h e occurrence | of t he accident causing | the | |
| in jury | or in case of dea th w i t h i n twelve m o n t h s from | the t ime of dea th | |
| P rov ided always t h a t t h e w a n t of such not ice shall be no ba r to t he ma in tenance of such act ion if upon mot ion made for leave to proceed no twi th s t and ing no such not ice has been given a J u d g e shal l be of opinion tha t the re was reasonable excuse for such w a n t of notice and where the act ion is in tended to be b rough t in any Dis t r ic t Cour t t h e J u d g e thereof shal l for t he purpose of th is proviso have all t he powers |
| of a J u d g e of t he Sup reme | Cour t . | |
5. There shall be deducted from any compensat ion awarded to
| a n y | 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 | by |
| u n d e r or t h r o u g h | a w o r k m a n | in respect of any cause of | act ion | ar is ing |
| u n d e r th i s A c t a n y pena l ty or pa r t of a pena l ty which | m a y have | been |
paid in p u r s u a n c e of any o ther A c t of Pa r l i amen t to such w o r k m a n representat ives or persons in respect of t h e same cause of act ion and where an ac t ion has been b rough t u n d e r this A c t by a n y w o r k m a n or
| t h e representat ives of a n y w o r k m a n | or a n y persons | c la iming by | under |
| 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 |
act ion
| act ion | ar is ing u n d e r | th i s A c t | and paymen t | has no t | previous ly | been |
| m a d e of a n y pena l ty | or pa r t | of a pena l ty u n d e r any | other A c t | of |
P a r l i a m e n t in respect of t h e same cause of action such w o r k m a n representa t ives or persons shall no t he ent i t led thereaf ter to receive a n y pena l ty or p a r t of a pena l ty unde r a n y o ther A c t of P a r l i a m e n t in respect of t h e same cause of action.
| 6. I n de t e rmin ing in any case t h e | a m o u n t | of | compensat ion |
| payab le unde r th i s A c t b y an employer t h e | Cour t shal l t ake | in to |
considerat ion t h e va lue of any p a y m e n t or con t r ibu t ion made by such employer to or for t h e in jured person in respect of his in jury a n d also t h e va lue of a n y insurance or compensat ion to Avhich such person shal l have become ent i t led by v i r tue of any p a y m e n t or a r r a n g e m e n t m a d e by such employer .
7. The Cour t in which any act ion for recovery of compensat ion proceedings amend a n y defect in a not ice of i n ju ry
| u n d e r | th i s A c t is commenced or is p e n d i n g m a y a t any s tage of the |
or dea th or direct
| t h a t the ac t ion | shall proceed and | be ma in ta inab le no twi ths t and ing | that |
| such not ice has no t been given du ly if t h e | Cour t h a v i n g rega rd to the |
| ci rcumstances | of t h e case t h i n k s j u s t | so to | direct . |
8. Not ice in respect of a n in jury unde r th i s Ac t shall give t he name a n d address of t h e person injured a n d shall s ta te in ord inary l a n g u a g e t h e cause of t h e in jury and t h e da te a t wh ich i t was sustained and shal l be served on t h e employer or if t he re is more t h a n one employer upon one of such employers The not ice m a y be served by del ivering the same to or a t t he residence or place of business of t he person on w h o m i t is to be served T h e not ice m a y also be served by post by a registered le t te r addressed to t h e 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 a n d if served by post shal l be deemed to have been served a t t h e t ime w h e n a l e t t e r conta in ing the same would be delivered in t h e ordinary course of post a n d in p rov ing the service of such not ice i t shal l be sufficient to prove t h a t t h e notice was proper ly addressed a n d registered W h e r e the employer is a body of persons corporate or un incorpora te t he not ice shal l be served by del iver ing the same a t or b y sending it by post in a regis tered le t te r addressed to t h e office or if there be more t h a n one office a n y one of t he offices of such body A notice u n d e r th is section shal l not be deemed inval id by reason of any defect or inaccuracy the re in unless t h e J u d g e who tr ies t h e act ion ar is ing from t h e in jury 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. For t h e purposes of th i s A c t unless t h e contex t | otherwise |
| requires t h e expression | " person who has super in tendence en t rus ted to |
| h i m " | means a person whose sole or pr inc ipa l | du ty is t h a t of superin |
tendence and who is no t ordinar i ly engaged in m a n u a l labour The expression " employer " includes a body of persons corporate or un in corporate or corporat ion sole The expression " w o r k m a n " means a ra i lway se rvan t and a n y other person who be ing a labourer servant in h u s b a n d r y j o u r n e y m a n artificer handicraf t sman mine r or otherwise
| engaged in m a n u a l | l abour w h e t h e r unde r t h e age of twenty-one | years |
| or above t h a t age has entered in to or works unde r a cont rac t w i th | a n |
employer Whether t h e cont rac t be m a d e before or after t h e passing of th i s A c t be express or implied oral or in wri t ing and be a con t rac t of service or a cont rac t personal ly to execu te any work or labour.
10. This A c t shal l come in to operat ion at t h e end of th is present
| Session of P a r l i a m e n t | Which | date is in th is A c t referred to as the |
commencement of th is Ac t .
| 1 1 . This A c t | m a y be | cited as the " Employers ' Liabi l i ty | A c t |
1880 . "