Citation

Lambropoulos V, Guthrie R. J. Law Med. 2018; 26(2): 389-406.

Affiliation

Professor of Workers' Compensation and Workplace Laws, John Curtin Institute of Public Policy, Curtin Business School, Curtin University.

Copyright

(Copyright © 2018, Thompson - LBC Information Services)

DOI

unavailable

PMID

30574726

Abstract

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.

Language: en

Keywords

gross misconduct; no-fault principle; self-inflicted injury; serious and wilful misconduct; workers' compensation schemes