Western Australia: Law Reform (Common Employment) Act 1951 (WA)

Western Australia Law Reform (Common Employment) Act 1951 Western Australia Law Reform (Common Employment) Act 1951 Contents 1. Short title 1 2. Repeal of Act 58 Vict. No. 3 1 3. Common law doctrine of common employment abrogated and contracting out prevented 1 4. Application of this Act 2 Notes Compilation table 3 Western Australia Law Reform (Common Employment) Act 1951 An Act to abolish the common law doctrine of common employment. 1. Short title This Act may be cited as the Law Reform (Common Employment) Act 1951. 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 No. 3 The Employers' Liability Act 1894 (58 Victoriae No. 3) is hereby repealed. 3.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 and contracting out prevented (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. 4. Application of this Act This Act shall apply to all causes of action accruing after its commencement. Notes This is a compilation of the Law Reform (Common Employment) Act 1951 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. Compilation table Short title Number and year Assent Commencement Law Reform (Common Employment) Act 1951 29 of 1951 (15 and 16 Geo. IV No. 29 ) 19 Dec 1951 19 Dec 1951 Reprint of the Law Reform (Common Employment) Act 1951 as at 10 May 2002 Reprint 2: The Law Reform (Common Employment) Act 1951 as at 20 Mar 2015