Section 14(2) of the SRCA states:
14(2) Compensation is not payable in respect of an injury that is intentionally self-inflicted.
Policy clarifying the application of this exclusion in relation to suicide is provided at Chapter 3.5 Suicides [3].
Note that the medical condition must be both self-inflicted by the client AND inflicted by their own intentional act. It is NOT sufficient for the injury to be inflicted by a grossly negligent act of the member. Gross negligence may, however, constitute serious and wilful misconduct in certain extreme circumstances.
An injury will not be intentionally self-inflicted, where the client's state of mind is so disrupted that he or she is incapable of forming a clear intention.
The appropriate test for this state of mind is usefully discussed by the Administrative Appeals Tribunal in Re McLaren and Comcare (1992), where work-related stress caused a major depressive illness in the employee which led eventually to his suicide.
The Tribunal found that the employee was insane 'in that he was no longer able to choose whether he would or would not continue to live or whether he could or could not restrain the temptation to suicide'. The criteria for insanity was not the criminal standard, rather the question was whether the medical condition 'dethroned his power of volition'.
Most cases of suicide do not involve the complete dethronements of the power of volition. Insanity and 'dethronement' of a power of volition are medical judgements to which a Delegate may expect an objective answer from a professional person, i.e. a psychiatrist or clinical psychologist who had been treating the client, or who had the opportunity to examine the client, before his/her death. It is not a matter for supposition or inference but requires professional observations of the client's actual mental state, including powers of reasoning and volition. In the absence of such professional observations, Delegates should not conclude, on the basis of their own subjective opinion, that the suicide was not intentional.
Delegates should NOT employ the circular reasoning that a desire to commit suicide is in fact evidence of insanity, or that the act of suicide proves a 'loss of volition'. Nor should Delegates accept such a circular proposal, even if advanced by a professional person. Only objective professional observations about the nature and effects of this particular person's illness and its effects on volition in this particular case, should be accepted. If these are not available, the S1 — 4(2) exclusion from compensation should, as intended by Parliament, be allowed to stand.
A medical condition may still be 'self-inflicted' even if another person is also involved in the infliction of the injury. This would be the case if the injured member actively conspired with that other person and cooperated in the infliction of the injury or death, e.g. where an injured client requested shut-down of life support systems.
Section 27(2) of the 1971 Act reads:
if an injury to an employee is intentionally self-inflicted, the Commonwealth is not liable ...to pay compensation in respect to that injury.
This is essentially the same provision as under the SRCA and the guidance provided in this Handbook should apply equally to similar cases arising under the 1971 Act.
The 1930 Act does not have any provision excluding self-inflicted injuries. Delegates should refer any such case – which are now expected to be very rare – to National Office for policy advice before determining that claim.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/20182%23comment-form
[2] https://clik.dva.gov.au/user/login?destination=node/20249%23comment-form
[3] https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/death-handbook/ch-3-investigating-nexus-employment/35-suicides
[4] https://clik.dva.gov.au/user/login?destination=node/20176%23comment-form
[5] https://clik.dva.gov.au/user/login?destination=node/20359%23comment-form
[6] https://clik.dva.gov.au/user/login?destination=node/20400%23comment-form
[7] https://clik.dva.gov.au/user/login?destination=node/20247%23comment-form
[8] https://clik.dva.gov.au/user/login?destination=node/20522%23comment-form