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Compensation claims procedures
Historical Information
DEFCARE Commentary - January 2003
Initial Liability
Fact 419 - Serious and Wilful Misconduct
- The injury was caused by the misconduct
External
The injury was caused by the misconduct
For an injury to be “caused” by serious and wilful misconduct, there must be more than an incidental or minor causal contribution. The misconduct must be the sole or principal cause of the injury.
- A member rode an unregistered motorcycle without a licence. She was struck by a car reversing from a driveway. Serious and wilful misconduct is able to be proven in this case, but as the injury was not caused by that misconduct, rather by the action of the car reversing into the motorcycle, compensation would be payable.