NSWIn ForceAct
Workplace Injury Management and Workers Compensation Act 1998
245AEvidence—criminal proceedings under WHS legislation
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#### 245A Evidence—criminal proceedings under WHS legislation
245A Evidence—criminal proceedings under WHS legislation
> > (1) An admission of liability by an employer in common law work injury proceedings against the employer cannot be relied upon in any proceedings against the employer for an offence under work health and safety legislation.
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> > (2) An admission of guilt by an employer in proceedings against the employer for an offence under work health and safety legislation may be relied upon in common law work injury proceedings against the employer.
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> > (3) In this section—
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> > common law work injury proceedings means proceedings for the recovery of damages to which Division 3 (Modified common law damages) of Part 5 of the 1987 Act applies.
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> **s 245A:** Ins 2001 No 94, Sch 10.2 \[3\]. Am 2011 No 67, Sch 4.31 \[14\].