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Employees' liability    

Reference received: 9 April 1984

This reference is part of the Community Law Reform Program

This reference was the subject of a memorandu​m and draft report to the Attorney General dated May 1988 recommending certain Legislative Action.

​Legislative action: Employees Liability Act 1991 

Judicial citation: Police Service of NSW v Honeysett (2001) 53 NSWLR 592 (NSWCA) at para 14 ("draft report")​

​Terms of reference

To inquire and report on:

​1. (a) whether contribution or indemnity by an employee to an employer in respect of the liability of the employer, pursuant to common law, the Workers’ Compensation Act, 1926 or otherwise, for loss or damage suffered by a third person as a result of the act or omission of the employee, should be limited or denied;

(b) th​e circumstances, if any, in which an employer should be liable to indemnify an employee in respect of liability incurred by the employee for loss or damage suffered by a third party.

2. Any related matter.

(In making its Report the Commission should pay particular attention to the provisions of the Employee’s Liability (Indemnification of Employer) Act, 1982.)