26.1 Serious and Wilful Misconduct - SRCA

Section 14(3) of the SRCA provides:

14(3) Compensation is not payable in respect of an injury that is caused by the serious and wilful misconduct of the employee but is not intentionally self-inflicted, unless the injury results in death, or serious and permanent impairment.

Note that S4(13) deems a client to have engaged in serious and wilful misconduct if he or she is under the influence of alcohol or a drug (other than a prescribed drug used in accordance with the prescription). This issue is separately discussed in the commentary on 'Under the influence of alcohol or a drug'.

The exclusion of liability under S14(3) does not apply if:

  • the injury was not caused by the misconduct, or
  • the client's injury results in death or serious and permanent impairment.

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-26-serious-and-wilful-misconduct/261-serious-and-wilful-misconduct-srca

26.1.1 Serious and wilful misconduct

Section 14(3) of the SRCA provides:

14(3) Compensation is not payable in respect of an injury that is caused by the serious and wilful misconduct of the employee but is not intentionally self-inflicted, unless the injury results in death, or serious and permanent impairment.

Note that S4(13) deems a client to have engaged in serious and wilful misconduct if he or she is under the influence of alcohol or a drug (other than a prescribed drug used in accordance with the prescription). This issue is separately discussed in the commentary on 'Under the influence of alcohol or a drug'.

The exclusion of liability under S14(3) does not apply if:

  • the injury was not caused by the misconduct, or
  • the client's injury results in death or serious and permanent impairment.

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-26-serious-and-wilful-misconduct/261-serious-and-wilful-misconduct-srca/2611-serious-and-wilful-misconduct

26.1.2 Case examples - Whether serious and wilful misconduct

Section 14(3) of the SRCA provides:

14(3) Compensation is not payable in respect of an injury that is caused by the serious and wilful misconduct of the employee but is not intentionally self-inflicted, unless the injury results in death, or serious and permanent impairment.

Note that S4(13) deems a client to have engaged in serious and wilful misconduct if he or she is under the influence of alcohol or a drug (other than a prescribed drug used in accordance with the prescription). This issue is separately discussed in the commentary on 'Under the influence of alcohol or a drug'.

The exclusion of liability under S14(3) does not apply if:

  • the injury was not caused by the misconduct, or
  • the client's injury results in death or serious and permanent impairment.

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-26-serious-and-wilful-misconduct/261-serious-and-wilful-misconduct-srca/2612-case-examples-whether-serious-and-wilful-misconduct

26.1.3 The injury was caused by the misconduct

Section 14(3) of the SRCA provides:

14(3) Compensation is not payable in respect of an injury that is caused by the serious and wilful misconduct of the employee but is not intentionally self-inflicted, unless the injury results in death, or serious and permanent impairment.

Note that S4(13) deems a client to have engaged in serious and wilful misconduct if he or she is under the influence of alcohol or a drug (other than a prescribed drug used in accordance with the prescription). This issue is separately discussed in the commentary on 'Under the influence of alcohol or a drug'.

The exclusion of liability under S14(3) does not apply if:

  • the injury was not caused by the misconduct, or
  • the client's injury results in death or serious and permanent impairment.

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-26-serious-and-wilful-misconduct/261-serious-and-wilful-misconduct-srca/2613-injury-was-caused-misconduct

26.1.4 Example - No causal link

Section 14(3) of the SRCA provides:

14(3) Compensation is not payable in respect of an injury that is caused by the serious and wilful misconduct of the employee but is not intentionally self-inflicted, unless the injury results in death, or serious and permanent impairment.

Note that S4(13) deems a client to have engaged in serious and wilful misconduct if he or she is under the influence of alcohol or a drug (other than a prescribed drug used in accordance with the prescription). This issue is separately discussed in the commentary on 'Under the influence of alcohol or a drug'.

The exclusion of liability under S14(3) does not apply if:

  • the injury was not caused by the misconduct, or
  • the client's injury results in death or serious and permanent impairment.

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-26-serious-and-wilful-misconduct/261-serious-and-wilful-misconduct-srca/2614-example-no-causal-link