Law Reform (Vicarious Liability) Amendment Act 1989 (NSW)

Case

LAW REFORM (VICARIOUS LIABILITY) AMENDMENT ACT

1989 No. 188

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title
2. Commencement

  1. Amendment of Law Reform (Vicarious Liability) Act 1983 No. 38, s. 10

LAW REFORM (VICARIOUS LIABILITY) AMENDMENT ACT

1989 No. 188

NEW SOUTH WALES

Act No. 188,1989

An Act to amend the Law Reform (Vicarious Liability) Act 1983 in relation to the vicarious liability of the Crown and other employers in

[Assented to 19 December 1989] connection with statutory exemptions from personal liability.
See also Employee's Liability (Indemnification of Employer) Amendment Act 1989.

Act No. 188

Law Reprm (Vicarious Liability) Amendment 1989

The Legislature of New South Wales enacts:

Short title

1.     This Act may be cited as the Law Reform (Vicarious Liability)

Amendment Act 1989.

Commencement

2.     This Act commences on the date of assent.

Amendment of Law Reform (Vicarious Liability) Act 1983 No. 38, s.
10

  1. The Law Reform (Vicarious Liability) Act 1983 is amended by

omitting section 10 and by inserting instead the following section:

Effect of statutory exemptions

10. (1) In this section:
"person" includes the Crown;

"statutory exemption" means a provision made by or

under an Act which excludes or limits the liability of a
person.

(2) For the purposes of determining whether or not a person is vicariously liable in respect of a tort committed by another person, any statutory exemption conferred on that other person is to be disregarded.

(3) Except as provided by this section, nothing in this Act

affects a statutory exemption conferred on a person.

[Ministers second reading speech made in •

Legislative Assembly on 12 October 1989
Legislative Council on 21 November 1989]

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