AustLII Tasmanian Consolidated Acts

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CIVIL LIABILITY ACT 2002 - SECT 49I

Division 3 - Vicarious liability of organisations Employees include persons exercising functions akin to employees

(1)  In this Division –
employee , in relation to an organisation, includes an individual who is akin to an employee of the organisation.
(2)  An individual is akin to an employee of an organisation if the individual’s role within the organisation –
(a) is for the aims or purposes of the organisation; and
(b) gives the individual authority, power or control over a child or enables the individual to achieve intimacy with, or the trust of, a child.
(3)  Despite subsection (2) , an individual is not akin to an employee if the individual’s role within the organisation is carried out for a recognisably independent business of the individual or of another person or organisation.
(4)  The regulations may, despite subsections (2) and (3) but without limiting the application of those subsections, prescribe additional circumstances in which an individual will be akin to an employee or not akin to an employee.



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