Western Australian Current Acts Western Australian Current Acts (1) Without limiting
an employer’s vicarious liability at common law, a crowd controller and
his or her employer are liable jointly and severally for damages in tort for
any physical injury caused by the crowd controller to any person if —
(a) the
injury is caused while the crowd controller is performing any function
referred to in section 35(1) as the employee of that employer; and
(b) an
action for damages in tort would, apart from this section, lie against the
crowd controller for the injury.
(2) It is a defence to
an action for damages under subsection (1) against an employer for the
employer to show that in causing the physical injury the employee was pursuing
a purpose of his or her own not related to the duties of his or her
employment.
(3) Where an action
for damages in tort lies against a crowd controller for physical injury in the
circumstances referred to in subsection (1)(a), nothing in this section
affects the liability of any other person as a joint tortfeasor with the crowd
controller in respect of the same injury.
[Section 91 amended: No. 4 of 2008 s. 72.]