The principle of Crown divisibility established in Haines v Tempesta for s 151Z(1) of the Workers Compensation Act 1987 (NSW) extends to the contribution calculation in s 151Z(2). Where a worker is injured in circumstances giving rise to liability in both the Crown as employer and the Crown as occupier, the contribution factor under s 151Z(2) is not zero merely because both tortfeasors are emanations of the Crown. The contribution calculation under s 151Z(2) is self-contained and does not depend on the external right of contribution under s 5(1)(c) of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW).
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