Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For the purposes of the definition of serious misconduct in section 12 of the Act, serious misconduct has its ordinary meaning.
Examples of serious misconduct--employees
(2) For the purposes of subregulation (1), conduct that is serious misconduct includes the following conduct of an employee:
(a) wilful or deliberate behaviour that is inconsistent with the continuation of the contract of employment;
(b) conduct that causes serious and imminent risk to:
(i) the health or safety of a person; or
(ii) the reputation, viability or profitability of the employer's business;
(c) engaging in theft, fraud, assault or sexual harassment in the course of the employee's employment;
(d) being intoxicated at work;
(e) refusing to carry out a lawful and reasonable instruction that is consistent with the employee's contract of employment.
(3) Paragraphs (2)(c) to (e) do not apply if the employee is able to show that, in the circumstances, the conduct engaged in by the employee was not conduct that made employment in the period of notice unreasonable.
Examples of serious misconduct--employee - like workers
(4) For the purposes of subregulation (1), conduct that is serious misconduct includes the following conduct of an employee - like worker performing digital platform work through or by means of a digital labour platform, or under a services contract arranged or facilitated through or by means of a digital labour platform :
(a) wilful or deliberate behaviour that is inconsistent with:
(i) the employee - like worker continuing to perform that work; or
(ii) the employee - like worker's continued access to that digital labour platform;
(b) conduct that causes serious and imminent risk to:
(i) the health or safety of a person; or
(ii) the reputation, viability or profitability of the digital labour platform operator;
(c) engaging in theft, fraud, assault or sexual harassment in the course of performing that work or in relation to accessing that digital labour platform;
(d) being intoxicated in the course of performing that work;
(e) refusing to carry out a lawful and reasonable instruction that is consistent with:
(i) the employee - like worker continuing to perform that work; or
(ii) the employee - like worker's continued access to that digital labour platform.
Examples of serious misconduct--regulated road transport contractors
(5) For the purposes of subregulation (1), conduct that is serious misconduct includes the following conduct of a regulated road transport contractor performing work under a services contract:
(a) wilful or deliberate behaviour that is inconsistent with the continuation of the services contract;
(b) conduct that causes serious and imminent risk to:
(i) the health or safety of a person; or
(ii) the reputation, viability or profitability of a road transport business that is a party to the services contract ;
(c) engaging in theft, fraud, assault or sexual harassment in the course of performing that work;
(d) being intoxicated in the course of performing that work;
(e) refusing to carry out a lawful and reasonable instruction that is consistent with the services contract.
When a person is taken to be intoxicated
(6) For the purposes of paragraphs (2)(d), (4)(d) and (5)(d), a person (the worker ) is taken to be intoxicated if the worker's faculties are, by reason of the worker being under the influence of intoxicating liquor or a drug (except a drug administered by, or taken in accordance with the directions of, a person lawfully authorised to administer the drug), so impaired that the worker is unfit to be entrusted with the worker's duties or with any duty that the worker may be called upon to perform.