External
For this provision to apply, the misconduct of the member must:
- be serious; and
- be wilful; and
- cause the accident.
In assessing whether misconduct is “serious”, consideration must be given to the level of risk involved, the seriousness of the consequences and the deliberate intention of the member to engage in the conduct.
Misconduct which arises from negligence, carelessness or inattentiveness, or from a failure to appreciate the level of risk involved, could rarely be described as “wilful”.
For an accident to be “caused” by misconduct, there must be more than an incidental or minor causal contribution. The misconduct must be the sole or principal cause of the accident.