ACTIn ForceAct
Workers Compensation Act 1951
82When is compensation under Act generally not payable?
Start here
Get a plain-English read of 82
Turn the raw legal text into a practical explanation grounded in Workers Compensation Act 1951.
82 When is compensation under Act generally not payable?
(1) This section applies if, apart from this section, compensation in
relation to an injury to a worker is payable under this Act.
(2) Compensation is not payable if the injury to, or death of, the worker
is caused by an intentionally self-inflicted injury.
(3) Compensation is not payable if it is proved that the injury to the
worker is attributable to the worker’s serious and wilful misconduct,
unless the injury results in death or serious and permanent
disablement.
(4) In subsection (3), the personal injury received by the worker is
attributable to the serious and wilful misconduct of the worker if—
(a) at the time of the injury, the worker was under the influence of
alcohol or a prescribed drug, unless the alcohol or prescribed
drug did not contribute to the injury or was not consumed or
taken voluntarily; or
(b) the injury was otherwise attributable to the serious and wilful
misconduct of the worker.
prescribed drug—see the Road Transport (Alcohol and Drugs)
Act 1977, dictionary.
Note 1 The LTCS Act applies to an injury to a worker arising out of, or in the
course of, the worker’s employment, including an injury that is
attributable to the worker’s serious and wilful misconduct (see LTCS Act,
s 6 (4) (b)).
Note 2 LTCS Act—see the dictionary.
Part 4.8 Exceptions to entitlements to compensation