26.3 Injuries under Influence of Alcohol or Drugs - SRCA
Section 4(13) of the SRCA states:
4(13) For the purposes of this Act, an employee who is under the influence of alcohol or a drug (other than a drug prescribed for the employee by a legally qualified medical practitioner or dentist and used by the employee in accordance with that prescription) shall be taken to be guilty of serious and wilful misconduct.
Thus S4(13) deems a client to ha — ve 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).
If a person sustains an injury because of serious and wilful misconduct, S14(3) provides that compensation is not payable unless the 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/263-injuries-under-influence-alcohol-or-drugs-srca
26.3.1 Under the influence of alcohol or a drug
Section 4(13) of the SRCA states:
4(13) For the purposes of this Act, an employee who is under the influence of alcohol or a drug (other than a drug prescribed for the employee by a legally qualified medical practitioner or dentist and used by the employee in accordance with that prescription) shall be taken to be guilty of serious and wilful misconduct.
Thus S4(13) deems a client to ha — ve 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).
If a person sustains an injury because of serious and wilful misconduct, S14(3) provides that compensation is not payable unless the 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/263-injuries-under-influence-alcohol-or-drugs-srca/2631-under-influence-alcohol-or-drug
26.3.2 Blood alcohol level of 0.05
Section 4(13) of the SRCA states:
4(13) For the purposes of this Act, an employee who is under the influence of alcohol or a drug (other than a drug prescribed for the employee by a legally qualified medical practitioner or dentist and used by the employee in accordance with that prescription) shall be taken to be guilty of serious and wilful misconduct.
Thus S4(13) deems a client to ha — ve 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).
If a person sustains an injury because of serious and wilful misconduct, S14(3) provides that compensation is not payable unless the 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/263-injuries-under-influence-alcohol-or-drugs-srca/2632-blood-alcohol-level-005
26.3.3 The injury was caused by the intoxication
Section 4(13) of the SRCA states:
4(13) For the purposes of this Act, an employee who is under the influence of alcohol or a drug (other than a drug prescribed for the employee by a legally qualified medical practitioner or dentist and used by the employee in accordance with that prescription) shall be taken to be guilty of serious and wilful misconduct.
Thus S4(13) deems a client to ha — ve 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).
If a person sustains an injury because of serious and wilful misconduct, S14(3) provides that compensation is not payable unless the 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/263-injuries-under-influence-alcohol-or-drugs-srca/2633-injury-was-caused-intoxication
26.3.4 Example - No causal link
Section 4(13) of the SRCA states:
4(13) For the purposes of this Act, an employee who is under the influence of alcohol or a drug (other than a drug prescribed for the employee by a legally qualified medical practitioner or dentist and used by the employee in accordance with that prescription) shall be taken to be guilty of serious and wilful misconduct.
Thus S4(13) deems a client to ha — ve 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).
If a person sustains an injury because of serious and wilful misconduct, S14(3) provides that compensation is not payable unless the 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/263-injuries-under-influence-alcohol-or-drugs-srca/2634-example-no-causal-link
26.3.5 Case example - Causal link
Section 4(13) of the SRCA states:
4(13) For the purposes of this Act, an employee who is under the influence of alcohol or a drug (other than a drug prescribed for the employee by a legally qualified medical practitioner or dentist and used by the employee in accordance with that prescription) shall be taken to be guilty of serious and wilful misconduct.
Thus S4(13) deems a client to ha — ve 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).
If a person sustains an injury because of serious and wilful misconduct, S14(3) provides that compensation is not payable unless the 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/263-injuries-under-influence-alcohol-or-drugs-srca/2635-case-example-causal-link