68K   Miscellaneous provisions relating to civil liability

(1)  Part 5 of the Workers Compensation Act 1987 applies to work injury damages recoverable from the Government of New South Wales, and to work injury damages recoverable from TfNSW, by or in respect of a person employed in the Transport Service. That Part so applies as if TfNSW:

(a)  were an employer of the person in addition to the Government, and

(b)  were an employer liable to pay compensation under that Act.

(2)  A policy of insurance may be issued to the Government of New South Wales under the Workers Compensation Act 1987 that is limited to workers employed in the Transport Service.

(3)  If:

(a)  a person is employed in the Transport Service, 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)  TfNSW is entitled under a policy of insurance or indemnity to be indemnified in respect of liability that TfNSW may incur in respect of that negligence or other tort,

      the Government is subrogated to the rights of TfNSW under that policy in respect of the liability incurred by the Government arising from that negligence or other tort.

(4)  In this section:

work injury damages means damages recoverable from TfNSW or the Government of New South Wales in respect of injury to or the death of a person employed in the Transport Service caused by the negligence or other tort of TfNSW or the Government and arising out of the employment of the person by the Government, whether the damages are recoverable in an action for tort or breach of contract or in any other action, but does not include motor accident damages to which Chapter 5 of the Motor Accidents Compensation Act 1999 applies.