The loss or damage to property was attributable to the intoxication

The loss or damage to property was attributable to the intoxication

For loss or damage to property to be attributable to the client being under the influence of alcohol or a drug, there must be more than an incidental or minor causal contribution.  The intoxication must be the sole or principal cause of the loss or damage to property used by the client.

Example - no causal link

A member who was extremely intoxicated suffered damage to his spectacles in a motor vehicle accident while travelling on duty as a passenger in a motor vehicle.  He is deemed to be guilty of serious and wilful misconduct by s 4(13), however this misconduct did not cause the damage to the spectacles (the motor vehicle accident was the cause of the damage) and thus compensation would be payable under s 15.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/defcare-commentary-january-2003/initial-liability/fact-552-under-influence-alcohol-or-drug-accident/loss-or-damage-property-was-attributable-intoxication