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26.1 Serious and Wilful Misconduct - SRCA
In this section
Section 14(3) of the SRCA provides:
14(3) Compensation is not payable in respect of an injury that is caused by the serious and wilful misconduct of the employee but is not intentionally self-inflicted, unless the injury results in death, or serious and permanent impairment.
Note that S4(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 a prescribed drug used in accordance with the prescription). This issue is separately discussed in the commentary on 'Under the influence of alcohol or a drug'.
The exclusion of liability under S14(3) does not apply if:
- the injury was not caused by the misconduct, or
- the client's injury results in death or serious and permanent impairment.