New South Wales Consolidated Acts

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GOVERNMENT SECTOR EMPLOYMENT ACT 2013 - SECT 61

Civil liability with respect to staff of statutory bodies

61 Civil liability with respect to staff of statutory bodies

If--

(a) a person is employed in the Public Service to enable a statutory body to exercise its functions, and
(b) the Government of New South Wales is, as the person's employer, proceeded against for any negligence or other tort of the person (whether the damages are recoverable in an action for tort or breach of contract or in any other action), and
(c) the statutory body is entitled under a policy of insurance or indemnity to be indemnified in respect of liability that the body may incur in respect of that negligence or other tort,
the Government is subrogated to the rights of the statutory body under that policy in respect of the liability incurred by the Government arising from that negligence or other tort.



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