13Limitation on liability of ARTC for common law damages

13 Limitation on liability of ARTC for common law damages

13 Limitation on liability of ARTC for common law damages

(1) For the purposes of section 88ZA (2) of the Act, the following provisions of the Workers Compensation Act 1987 (the applied common law provisions) apply both to work injury damages recoverable from ARTC, and to work injury damages recoverable from the transferring rail authority, by or in respect of a temporary member of staff of ARTC—

(a) Divisions 1, 1A, 2 and 3 of Part 5,

(b) section 151Z.

(2) The applied common law provisions apply as if ARTC were an employer of the member of staff in addition to the transferring rail authority.

(3) Sections 151A, 151C, 151D and 151Z of the Workers Compensation Act 1987 apply to and in respect of ARTC as if it were an employer liable to pay compensation under that Act.

(4) Section 151I of the Workers Compensation Act 1987 applies to work injury damages recoverable from ARTC as if the following subsection were inserted after section 151I (3)—

(4) In awarding damages in respect of an injured or deceased worker, the court is to reduce the amount otherwise payable under this section by ARTC by the amount of any damages recovered or recoverable from the transferring rail authority.