WORKERS REHABILITATION AND COMPENSATION ACT REVIEW

377 The Hon. I.F. EVANS (Davenport) (15 November 2011) (First Session).

1. If there is a breach of Section 54(4a)(b)(i)(ii) of the WRCA 1986 does this mean the employer is not liable under Section 54(1) for the workers' injuries as the liability lies with other workers (third parties) who caused the injury through their serious and wilful misconduct?

2. If other workers breach Section 54(4a)(b)(i)(ii) of the WRCA 1986 and injure a worker through their serious and wilful misconduct which did not arise out of or in the course of their employment are other workers vicarious liable for the injuries sustained by the worker in a jurisdiction other than the WCT?

The Hon. J.W. WEATHERILL (Cheltenham—Premier, Minister for State Development): I have been advised of the following:

This question has been referred to the Minister for Education and Child Development.