Council Liability Clause Samples
Council Liability. (a) The Council shall not be responsible for or incur any liability in respect of any loss occasioned by the hirer through accident of any kind or electricity failure or any other cause.
(b) Neither the Council, nor any of its officers or servants, shall be in any way responsible or incur any liability for any damage to or loss of any property whatsoever placed in the premises by the hirer or any person on hirer’s behalf.
(c) The “balcony” of the Kyogle Memorial institute (KMI) may only be accessed upon authorization of Council or Council’s Officer.
Council Liability. Upon the failure of the Council to comply with the provisions of Section 2 above, any agent or official of the Council who is an Employee covered by this Agreement may be subject to the provisions of Section 5 below.
Council Liability. 17.3.2.1. Council will pay an employee accident make-up pay where the employee receives an injury for which weekly payments of compensation are payable by or on behalf of Council pursuant to the provisions of the Workplace Injury Rehabilitation and Compensation Act 2013.
17.3.2.2. Council will pay accident make-up pay as defined in clause 17.3.1, during the incapacity of the employee arising from any one (1) injury for a total of:
i. Thirty-nine (39) weeks whether the incapacity is in one (1) continuous period or not, for Child Care Workers and Maternal and Child Health Nurses and Immunisation Nurses;
ii. Twenty-six (26) weeks whether the incapacity is in one (1) continuous period or not for all other employees.
17.3.2.3. The liability of Council to pay accident make-up pay in accordance with this clause will start from the date of the injury or accident where an employee is unable to work (incapacity) and compensation is payable. Council will remain liable to pay accident make-up pay if the employee's employment is terminated for any reason during the period of any incapacity, as provided in this clause.
17.3.2.4. Notwithstanding the provisions of this clause:
i. the liability to pay accident make-up pay to a casual, temporary or employees who retire; accident make-up payments will cease when their employment ceases or 26 weeks (39 weeks for Child Care Workers and Maternal and Child Health Nurses and Immunisation Nurses), whichever is the lesser period.
ii. where an employee had given notice of their intention to retire and is injured prior to the notified date of retirement, the liability to pay accident make-up pay will cease at the date on which the employee was due to retire or 26 weeks (39 weeks for Child Care Workers and Maternal and Child Health Nurses and Immunisation Nurses), whichever is the lesser period.
iii. Council is not liable to pay accident make-up pay where an employee holds additional employment external to Council that may be impacted by the injury or illness
Council Liability. To the extent that the Council causes any unnecessary damage or disruption, in exercising any right under clause 33.1 (or any other provision of this Contract which allows for the Council to inspect any part of the NWTF or Transfer Stations) then the Council shall be liable to the Contractor for the reasonable costs directly caused by such damage unless the inspection shows the Contractor has not complied or is not complying with its obligations under this Contract.
