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 1.

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       hereby repealed.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
1     This is a compilation of the Law Reform (Common Employment) Act 1951.
     The following table contains information about that Act.

                              Compilation table

|Short title      |Number  |Assent  |Commencement       |
|                 |and year|        |                   |
|Law Reform       |29 of   |19 Dec 1|19 Dec 1951        |
|(Common          |1951    |951     |                   |
|Employment)      |        |        |                   |
|Act 1951         |        |        |                   |
|Reprint of the Law Reform (Common Employment) Act 1951|
|as at 10 May 2002                                     |