South Australian Numbered Acts

RETURN TO WORK ACT 2014 (NO 16 OF 2014) - SECT 83

83—Abolition of doctrine of common employment

        (1)         It is not a defence to an employer who is sued in respect of any personal injury caused by the negligence of a person employed by the employer that the person so employed was, at the time the personal injury was caused, in common employment with the person injured.

        (2)         This section applies to every case in which the relationship of employer and employee exists, whether the contract of employment is made before or after the commencement of this section.

        (3)         In this section—

"employer" includes the Crown but does not include any person who, by any provision of this Act, is deemed to be an employer;

"personal injury" includes—

            (a)         death; and

            (b)         any disease; and

            (c)         any impairment of the physical or mental condition of a person.