Commonwealth Consolidated Acts

INSURANCE CONTRACTS ACT 1984 - SECT 66

    Where:

  (a)   the rights of an insured under a contract of general insurance in respect of a loss are exercisable against a person who is the insured's employee; and

  (b)   the conduct of the employee that gave rise to the loss occurred in the course of or arose out of the employment and was not serious or wilful misconduct;

the insurer does not have the right to be subrogated to the rights of the insured against the employee.