Division 1A of Part 5 of the Workers Compensation Act 1987 (NSW) does not apply to a motor accident claim against an employer in its capacity as owner of a vehicle under the statutory agency created by s 112 of the MAC Act. Such a claim is governed by the law of New South Wales and the MAC Act applies to it. However, Division 1A does apply to a claim against the employer based on its vicarious liability as employer of the negligent co-employee. The result is that where a worker is injured in a motor accident in NSW caused by a co-employee driving the employer's vehicle, different causes of action against the same employer may be governed by different substantive laws.
The full text is available to signed-in members.