What 'vicarious' means

Generally, vicarious liability means that an employer is liable to compensate a person who suffers injury or loss as a result of the negligence of an employee, provided the negligent act occurs in the course of the employee's employment.

Example

An employee injured due to the negligence of a fellow can bring a claim for damages against the employer, rather than the employee.

However, in the case of section 44 (1), the provision excludes the Commonwealth from such negligence. The Commonwealth cannot be held liable for the negligence of one of its employees.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-twelve-overpayments-recovery/part-6-common-law-and-third-party-claims/general-damages-information/damages-action-against-commonwealth/what-vicarious-means