Law Reform (Vicarious Liability) Act 1983 (NSW)

Law Reform (Vicarious Liability) Act 1983 No 38

An Act with respect to the vicarious liability of masters and of the Crown in respect of the commission of certain torts.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Law Reform (Vicarious Liability) Act 1983.

2 Commencement (1) Sections 1 and 2 shall commence on the date of assent of this Act. (2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3 Application of Act This Act does not apply to or in respect of a tort committed by a person or arising out of a wrongful act or omission occurring before the day appointed and notified under section 2 (2).

4 Act to bind Crown This Act binds the Crown.

5 Definitions (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires: court includes a tribunal, and in relation to a claim for damages means any court or tribunal by or before which the claim falls to be determined. Crown means the Crown in right of New South Wales. independent function, in relation to a servant or a person in the service of the Crown, means a function conferred or imposed upon the servant or person, whether or not as the holder of an office, by the common law or statute independently of the will of the servant's master or the Crown, as the case may require. legal proceedings means proceedings in a court. originating process means any statement of claim, summons, application or other process by means of which legal proceedings are commenced. person in the service of the Crown does not include a servant of the Crown. police tort claim—see section 9B (1). (2) In this Act, a reference to: (a) a function includes a reference to a power, authority and duty, and (b) the performance of a function includes a reference to the exercise of the function and the failure to perform or exercise the function.