New South Wales Consolidated Acts

FINES ACT 1996 - SECT 99F

99F Civil liability

(1) In this section--

"person involved" , in relation to unpaid work under a work and development order, includes any person (including a corporation)--

(a) for whose benefit that work is performed, or

(b) who directs or supervises that work, specifies its terms or conditions or controls it, or

(c) who owns or occupies the premises or land on which that work is performed,

but does not include the person by whom the work is performed.

(2) No act or omission of a person by whom unpaid work under a work and development order is performed gives rise to civil liability on the part of any person involved in that work if the act or omission occurs in the course of that work.

(3) No act or omission of a person involved in unpaid work under a work and development order gives rise to civil liability to the person by whom the work is performed on the part of the person so involved if the act or omission occurs in the course of that work.

(4) A civil action that would, but for subsection (2) or (3), lie against a person involved in unpaid work lies instead against the Crown.

(5) Subsections (2) and (4) do not apply to an act or omission if it was, or was a necessary part of, an act or omission that was expressly required by the person involved in that work but was not necessary to carry out the work specified in the work and development order.

(6) Subsections (3) and (4) do not apply to an act or omission if--

(a) the work concerned was not work specified in the work and development order, or

(b) the act or omission concerned was, or was a necessary part of, an act or omission intended to cause injury, loss or damage.

(7) It is a term of a work and development order that the person subject to the order must disclose as soon as possible to the Commissioner and to each approved person--

(a) any medical, physical or mental condition of which the person is aware (being a condition of a kind that the person is aware substantially increases the risk to the person of injury in performing work of any kind), and

(b) any substantial change in that condition.

(8) The Commissioner may, on behalf of the Crown, settle any action that lies against the Crown because of this section, and may do so on such terms as the Commissioner thinks fit.