South Australian Numbered Acts

RETURN TO WORK ACT 2014 (NO 16 OF 2014) - SECT 8

8—Effect of misconduct etc

        (1)         A worker who is acting in connection with, and for the purposes of, the employer's trade or business is presumed to be acting within his or her employment despite the fact that—

            (a)         the worker is acting in contravention of a statutory or other regulation applicable to the employment; or

            (b)         the worker is acting without, or in contravention of, instructions from the employer.

        (2)         However, a worker will not be entitled to receive any services or benefits under this Act in relation to an injury if—

            (a)         the worker is guilty of misconduct or acts in contravention of instructions from the employer during the course of an attendance under section 7(5); or

            (b)         it is established on the balance of probabilities that the injury is wholly or predominantly attributable to—

                  (i)         serious and wilful misconduct on the part of the worker; or

                  (ii)         the influence of alcohol or a drug voluntarily consumed by the worker (other than a drug lawfully obtained and consumed in a reasonable quantity by the worker).

        (3)         Subsection (2)(a) does not apply in a case of death or permanent total incapacity for work and subsection (2)(b) does not apply in the case of death or serious and permanent injury.