53Liability of principals and employers

53 Liability of principals and employers

53 Liability of principals and employers

(1) An act done by an individual as the agent or employee of the individual’s principal or employer that, if done by the principal or employer, would be a contravention of this Act is taken to also have been done by the principal or employer unless the principal or employer did not, either before or after the doing of the act, authorise the agent or employee, either expressly or by implication, to do the act.

(2) If both the principal or employer and the agent or employee who did the act are subject to any liability arising under this Act in relation to the doing of the act, they are jointly and severally subject to that liability.

(3) A principal or employer is not liable under subsection (1) if the principal or employer took all reasonable steps to prevent the agent or employee from contravening this Act.

(4) For subsection (1), the principal or employer of a volunteer or unpaid trainee who contravenes this Act is the entity on whose behalf the volunteer or unpaid trainee provides services.