File(s) not publicly available

Misconduct, self-inflicted injury, and suicide in workers compensation; A review of the Australian legal framework

journal contribution
posted on 28.08.2019, 00:00 by Victoria Lambropoulos, R Guthrie
The no-fault principle is one of the pillars of workers’ compensation schemes operating in the States, Territories and the Commonwealth in Australia. This article examines the strength of this principle having regard to provisions common to all jurisdictions which disentitle workers where there is evidence of serious and wilful misconduct or self-inflicted injury. It examines the legislative framework of these provisions in detail noting some differences in approach and effect. The article also traces the origins of these provisions and how they have been applied since enacted. We conclude that the no-fault principle remains robust and intact in Australian workers’ compensation schemes.

History

Volume

26

Issue

2

Start Page

389

End Page

406

Number of Pages

18

ISSN

1320-159X

Publisher

Thomson Reuters

Peer Reviewed

Yes

Open Access

No

External Author Affiliations

Robert Guthrie, Curtin University

Era Eligible

Yes

Journal

Journal of Law and Medicine

Exports