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19.1.2 Examples of 'acts of violence' which would not otherwise have occurred


1.What constitutes an 'act of violence' for the purposes of S6(1)(a) is well illustrated by the decision of the Tribunal in Mulligan and Comcare (1995). The Tribunal held that a motor vehicle accident was not an 'act of violence', commenting:

It can not be said that any physical accident can be properly described as an act of violence. What is required is something in the nature of an assault. The fact that the word 'act' is used indicates the requirement of volition, and an element of deliberateness.

2.An assault on an MP in a revenge attack by a disgruntled soldier would clearly be an 'act of violence'. Clearly, the MP would have a claim. However caution should be exercised should a claim be lodged by the disgruntled employee for any injuries inflicted by the retaliating MP!