(1) This Division
applies to a claim for damages or recovery of contribution brought against a
worker’s employer in respect of an injury that was caused by —
(a) the
negligence or other tort (including breach of statutory duty) of the
worker’s employer; or
(b) a
breach of contract by the worker’s employer.
(2) This Division also
applies to a claim for damages or recovery of contribution brought against a
person other than a worker’s employer in respect of an injury if —
(a) the
worker’s employment is connected with this State; and
(b) the
negligence or other tort or the breach of contract on which the claim is
founded occurred in this State.
(3) Subsection (1)(a)
and subsection (2) apply even if damages resulting from the negligence or
other tort are claimed in an action for breach of contract or other action.
(4) A reference in
this Division to a worker’s employer includes a reference to —
(a) a
person who is vicariously liable for the acts of the employer; and
(b) a
person for whose acts the employer is vicariously liable.
[Section 93AB inserted: No. 36 of 2004 s. 10;
amended: No. 36 of 2004 s. 16.]