26.2 Serious and Wilful Misconduct - 1971 and 1930 Acts

Section 27(3) of the 1971 Act states:

If an injury to an employee is not intentionally self inflicted but is attributable to his serious and wilful misconduct, the Commonwealth is not liable...to pay compensation in respect of that injury unless the injury results in the death or serious and permanent disablement of the employee

This provision of the 1971 Act differs slightly from S14(3) of the SRCA in that S27(3) used the words 'attributable to' where the SRCA uses 'caused by' and it refers to 'disablement' rather than 'impairment'. However, for all practical purposes the provisions are the same.

Section 9(3) of the 1930 Act states:

If it is proved that the injury to any employee is attributable to his serious and wilful misconduct, any compensation claimed in respect of that injury shall, unless the injury results in death or serious and permanent disablement, be disallowed.

Essentially this is the same provision that applies under the 1971 Act and the SRCA.

In summary, the discussions in this Handbook relating to exclusions for 'serious and wilful misconduct' under the SRCA also apply to similar occurrences unde — r the 1971 and 1930 Acts. All cases should be treated the same, except in the case where the misconduct relates to alcohol consumption. In this respect, see the notes below.