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 o — n '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 o — n '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 o — n '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 o — n '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 o — n '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