Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 527E

Vicarious liability etc.

Employees and agents

  (1)   If an employee or agent of a person (the principal ) does, in connection with the employment of the employee or with the duties of the agent as an agent, an act that contravenes subsection   527D(1), this Act applies in relation to the principal (subject to subsection   (2)) as if the principal had also done the act.

  (2)   Subsection   (1) does not apply if the principal proves that the principal took all reasonable steps to prevent the employee or agent from doing acts that would contravene subsection   527D(1).

Defence members

  (2A)   If a person does an act that contravenes subsection   527D(1) in connection with the person's service as a defence member (within the meaning of the Defence Force Discipline Act 1982 ), this Act applies in relation to the Commonwealth (subject to subsection   (2B)) as if the Commonwealth had also done the act.

  (2B)   Subsection   (2A) does not apply if the Commonwealth proves that the Commonwealth took all reasonable steps to prevent the person from doing acts that would contravene subsection   527D(1).

Other provisions not limited

  (3)   Subsections   (1) and (2A) do not limit section   550 or 793.


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