Western Australian Current Acts

WATER SERVICES ACT 2012 - SECT 198

198 .         Liability of employer for offences of employee

        (1)         If a person (the employee ) employed by another person (the employer ) is charged as an employee with an offence under this Act, the employer may also be charged with the offence whether or not the employee acted without the employer’s authority or contrary to the employer’s orders or instructions.

        (2)         If an employee and an employer are charged as permitted by subsection (1) and the employee is convicted of the offence, the employer is to be taken to have also committed the offence, subject to the defence in subsection (5).

        (3)         If a person (the employee ) employed by another person (the employer ) commits an offence under this Act as an employee, then, although the employee is not charged with the offence, the employer may be charged with the offence whether or not the employee acted without the employer’s authority or contrary to the employer’s orders or instructions.

        (4)         If an employer is charged as permitted by subsection (3) and it is proved that the employee committed the offence, the employer is to be taken to have committed the offence, subject to the defence in subsection (5).

        (5)         If an employer is charged under this section with an offence it is a defence to prove that —

            (a)         the offence was committed without the employer’s consent or connivance; and

            (b)         the employer took all the measures to prevent the commission of the offence that the employer could reasonably be expected to have taken having regard to all the circumstances.