52Abolition of certain rights to bring action

52 Abolition of certain rights to bring action (1) Subject to section 189, no action for damages in favour of a worker or a dependant of a worker shall lie against: (a) the employer of the worker; (b) any person who, at the relevant time, was a worker employed by the same employer as the deceased or injured worker; or (c) the Nominal Insurer, in respect of: (d) an injury to the worker; or (e) the death of the worker: (i) as a result of; or (ii) materially contributed to by, an injury.

Return to Work Act 1986 38 (1A) In subsection (1) injury does not include an injury inflicted or caused by, or as the result of an action or omission of, a worker employed by the same employer as the deceased or injured worker in circumstances in which the employer of the worker would not be liable under section 22A of the Law Reform (Miscellaneous Provisions) Act 1956 to indemnify the first-mentioned worker in relation to any liability incurred by him or her or her in relation to the injury. (2) The purpose of subsection (1) is to ensure that, so far as the legislative power of the Legislative Assembly permits, no action for damages at common law shall lie in the Territory or otherwise in the circumstances described in that subsection and nothing in this Act shall be construed as derogating from that purpose. (3) Except as provided by this Act, no action for compensation or a benefit of any kind by a worker or a dependant of a worker shall lie in the Territory against the employer of the worker in respect of: (a) an injury to the worker; or (b) the death of the worker: (i) as a result of; or (ii) materially contributed to by, an injury.