Law Reform Act 1995
An Act to abolish the rule of common employment, to consolidate provisions reforming the law and to make provision for other reforms, and for other purposes
Part 1 Preliminary
1 Short title
This Act may be cited as the Law Reform Act 1995.
2 Act is, in part, a consolidation
(1)This Act, as in force at the commencement of this section, is, in part, a consolidation of provisions of the Law Reform (Abolition of the Rule of Common Employment) Act 1951 (the existing provisions) and provisions relocated from the following Acts (the relocated provisions)—•Law Reform (Tortfeasors Contribution, Contributory Negligence, and Division of Chattels) Act 1952•Law Reform (Husband and Wife) Act 1968•Voluntary Aid in Emergency Act 1973.(2)The Act is also a consolidation of provisions of the law about the age of majority and the legal capacity of persons whose relationship is husband and wife.(3)To remove any doubt, it is declared that the relocated provisions were not re-enacted by the Statute Law Revision Act (No. 2) 1995, but merely moved (without re-enactment) from the Acts in which they were enacted to this Act.(4)Without limiting subsections (1) and (3) and to further remove any doubt, it is also declared that the relocation to this Act of the relocated provisions did not impliedly repeal or amend, or otherwise affect the operation of, the existing provisions, the relocated provisions or the provisions of any other law and, in particular, did not affect the meaning or effect that the existing or relocated provisions, or the provisions of the other law, had because of the respective times when they were enacted.(5)In addition, it is declared that the relocation did not—(a)affect any jurisdiction or power of a court or judge; or(b)affect any principle or rule of law or equity; or(c)affect any right, privilege or liability; or(d)revive anything not existing or in force.
Part 2 Abolition of rule of common employment
3 Defence of common employment abolished
(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 or her, 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 section), 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 or her.
4 Application to Crown
This part binds the Crown and instrumentalities…