Western Australian Numbered Acts Western Australian Numbered Acts (1) In
section 159 delete the definition of damages .
(2) In
section 159 insert in alphabetical order:
damages means —
(a)
damages due or payable to, or claimed by, a worker for an injury caused to
that worker by the negligence, other tort or breach of statutory duty of the
employer of the worker or the negligence of any person for whose conduct the
employer is vicariously liable; or
(b)
damages due or payable to, or claimed by, a dependant of a deceased worker
under the Fatal Accidents Act 1959 for an injury causing the death of the
worker; or
(c)
damages due or payable to, or claimed on behalf of, the estate of a deceased
worker under the Law Reform (Miscellaneous Provisions) Act 1941 for an
injury causing the death of the worker; or
(d) the
amount of any contribution or indemnity due or payable to, or claimed by, a
concurrent tortfeasor under the Law Reform (Contributory Negligence and
Tortfeasors’ Contribution) Act 1947 in respect of an injury to, or
death of, a worker,
but does not include a liability imposed by
contract that would not arise as a coordinate liability in negligence or other
tort or breach of statutory duty;
deemed worker , in relation to an employer,
means —
(a) a
worker of whom the employer would not be the employer, but for being deemed by
section 175(1) to be the employer; or
(b) a
person to whom the employer would be liable to pay compensation in the
circumstances described in section 175AA(5)(a);
insurable damages means damages in respect of
which an employer is required by section 160(1)(b) to insure;