138AFClaim to which Division applies

138AF Claim to which Division applies

[Section 138AF of Part X Inserted by No. 65 of 2004, s. 32, Applied:17 Dec 2004]

(1)  This Division applies only to a claim for damages or recovery of contribution brought against a worker's employer in respect of an injury that was caused by –

(a) the negligence or other tort (including breach of statutory duty) of the worker's employer; or

(b) a breach of contract by the worker's employer.

(2)  This Division also applies to a claim for damages or recovery of contribution brought against a person other than a worker's employer in respect of an injury if –

(a) the worker's employment is connected with this State; and

(b) the negligence or other tort or the breach of contract on which the claim is founded occurred in this State.

(3)  Subsections (1)(a) and (2) apply even if damages resulting from the negligence or other tort are claimed in an action for breach of contract or other action.

(4)  A reference in this Division to a worker's employer includes a reference to –

(a) a person who is vicariously liable for the acts of the employer; and

(b) a person for whose acts the employer is vicariously liable.