Section 15(3) of the SRC Act provides:
15(3)Compensation is not payable under this section if the loss or damage is attributable to the serious and wilful misconduct of the employee.
This question is directed to deciding whether liability for loss or damage to property used by a member should be denied because the serious and wilful misconduct of the member caused the accident.
Note that s 4(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 prescribed drugs). This issue is separately discussed in the commentary on “Under the Influence of Alcohol or a Drug at an Accident”.
The exclusion of liability under s 15(3) does not apply if the accident was not caused by the misconduct.