South Australian Repealed Acts

This legislation has been repealed.

WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 30B

30B—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 in the course of 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)         a worker will not be presumed to be acting in the course of employment if the worker is guilty of misconduct or acts in contravention of instructions from the employer during the course of an attendance under section 30(3)

; and

            (b)         an injury is not compensable if 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 a case of death or serious and permanent injury.