Transadelaide v Evans

(2005) 98 SASR 394; [2005] SASC 175

Supreme Court of South Australia

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For Australian Law.

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Interrogate

Catchwords

1. Statutes
2. › Acts of Parliament
3. › Interpretation
4. › Workers Rehabilitation and Compensation Act 1986 (SA)
5. › Section 54(1)
6. › Meaning of 'employer'
7. › Whether reference to employer means person or entity with contract of service or the Crown in all its forms
1. Workers Compensation
2. › Employer immunity from common law action
3. › Section 54(1) Workers Rehabilitation and Compensation Act 1986 (SA)
4. › Whether statutory corporation as Crown instrumentality protected as 'employer'
5. › Whether Crown instrumentality that is not the worker's contractual employer can claim immunity
1. Constitutional Law
2. › The Crown
3. › Indivisibility of the Crown
4. › Crown instrumentalities
5. › Whether designation as Crown dissolves separate corporate identity of statutory corporation
6. › Whether all Crown instrumentalities are the same 'employer' for statutory purposes
1. Corporations
2. › Statutory corporations
3. › Separate corporate identity
4. › Crown instrumentalities
5. › Whether characterisation as Crown merges statutory corporation into single Crown entity

Quick Take

The employer immunity in s 54(1) of the Workers Rehabilitation and Compensation Act 1986 (SA) protects only the entity with whom the worker has a contract of service, not other Crown instrumentalities. A statutory corporation's status as a Crown instrumentality does not make it the employer of workers employed by other Crown entities, and characterisation as the Crown does not dissolve the corporation's separate legal identity.