Exclusionary provisions

New South Wales

1. No compensation for heart attack or stroke unless nature of employment results in significantly greater risk — Section 9B, Workers Compensation Act 1987
2. If it is proved that an injury to a worker is solely attributable to the serious and wilful misconduct of the worker, compensation is not payable in respect of that injury, unless the injury results in death or serious and permanent disablement — s14(2), 1987 Act
3. No compensation is payable in respect of any injury to or death of a worker caused by an intentional self-inflicted injury — s14(3), 1987 Act

Victoria

• If it is proved that an injury to a worker (whether or not intended to be inflicted) was deliberately or wilfully self-inflicted there is no entitlement to compensation in respect of that injury — s40(4), Workplace Injury Rehabilitation and Compensation Act 2013
• Subject to s42, s43, s43A and s44, if it is proved that an injury to a worker is attributable to the worker’s serious and wilful misconduct (including, but not limited to, being under the influence of intoxicating liquor, or a drug) there is no entitlement to compensation in respect of that injury, unless the injury results in death or severe injury (as defined) — s40(5) and s40(6)
• s42 – 44 apply where a worker’s incapacity for work results from or is materially contributed to by an injury caused by a transport accident involving a motor vehicle driven by the worker if the worker is convicted of drink or drug driving offences to reduce a worker’s weekly payments for 130 weeks or to disentitle the worker to compensation under the Act if the offence is also a serious offence except where the injury results in death or severe injury or WorkSafe, or a self-insurer, is satisfied that the presence of drugs or alcohol did not contribute in any way to the injury.
• If it is proved that before commencing employment an employer in writing requested that the worker disclose all pre-existing injuries and diseases, and the worker did not disclose the information, compensation is not payable for any recurrence, aggravation, acceleration, exacerbation or deterioration — s41

Queensland

Compensation is not payable:

• for an injury sustained by a worker if the injury is intentionally self-inflicted — s129, Workers’ Compensation and Rehabilitation Act 2003
• for an injury caused by the serious and wilful misconduct of the worker, unless it results in death or injury and/or could result in a degree of permanent impairment (DPI) of 50% or more — s130(1)
• if the injury, caused by misconduct, could result in DPI of 50% or more arising from a psychiatric or psychological injury or combining a psychiatric or psychological injury and another injury — s130(2)

If the worker knowingly supplies false or misleading information about a pre-existing condition to a prospective employer, the entitlement to compensation and damages for any event that aggravates the condition ends — s571C

Western Australia

If it is proved that the injury of a worker is attributable to their:

1. voluntary consumption of alcoholic liquor or of a drug of addiction, or both, which impairs the proper functioning of their faculties
2. failure, without reasonable excuse, proof of which is on them, to use protective equipment, clothing or accessories provided by their employer for the worker’s use, or
3. other serious and wilful misconduct any compensation claimed in respect of that injury shall be disallowed unless the injury has serious and permanent effects or results in death — s22

Compensation is not payable to a person while participating as a contestant, engaged in training or preparation for participating, or engaged in promotional activities or engaged in regular journeys in any sporting activity — s11, Workers’ Compensation and Injury Management Act 1981

South Australia

Under section 8(2), Return to Work Act 2014, compensation is not payable if the injured worker is:

• guilty of serious and wilful misconduct or in contravention of their employer’s instruction (except in the case of death or permanent total incapacity), or
• it is established on the balance of probabilities that the injury is predominantly attributable to serious and wilful misconduct or the influence of alcohol or an illegal drug (except in the case of death or serious and permanent injury)

Tasmania

Compensation is not payable in respect of –

1. any injury which is –
2. attributable to the serious and wilful misconduct of the worker, unless the injury results in the death or serious and permanent incapacity of the worker; or
3. an intentional self-inflicted injury;
4. the disease known as undulant fever or brucellosis, unless a medical practitioner has certified in writing that he is satisfied as to the result of the pathological examination of the blood of the worker that the worker is suffering from that disease; or
5. coronary heart disease, a diseased heart valve, an aortic aneurism or a cerebral aneurism or any prescribed injury, unless the employment contributed to the disease or injury to a substantial degree; or
6. any disease, including the disease mentioned in paragraph (b), in any case where the worker, at the time of entering his employment, wilfully and falsely represented himself in writing as not having previously suffered from that disease.— s25(2), Workers Rehabilitation and Compensation Act 1988

Northern Territory

• Compensation not payable in respect of an injury to a worker that was deliberately self-inflicted; or (not being an injury resulting in the worker’s death or permanent or long term capacity) attributable to the worker’s serious or wilful misconduct — s57, Return to Work Act 1986
• A worker is not entitled to compensation in respect of an injury sustained whilst driving a motor vehicle, after consuming alcoholic liquor which materially contributed to the accident and injury, or while under the influence of a drug. Where concentration of alcohol at the time of the accident was equal to 80 milligrams or more of alcohol per 100 milligrams of blood, the consumption of the alcoholic liquor shall be presumed to have materially contributed to the accident and injury, unless proven otherwise. This does not affect the entitlement to compensation if the injury results in death, or medical, surgical or rehabilitation treatment — s60
• Weekly compensation is not payable in respect of any period during which the worker is imprisoned (some exceptions) — s65A

Australian Capital Territory

Compensation is not payable if the injury to, or death of, the worker is caused by:

• an intentionally self-inflicted injury — s82(2), Workers Compensation Act 1951
• the worker’s serious and wilful misconduct, unless the injury results in the death or serious and permanent disablement — s82(3)
• A personal injury received by a worker is attributable to the serious and wilful misconduct of the worker if at the time of the injury the worker was under the influence of alcohol or prescription drugs, unless the alcohol or drug did not contribute to the injury or was not consumed or taken voluntarily — s82(4)(a)
• A personal injury received by a worker is attributable to the serious and wilful misconduct of the worker if the injury was otherwise attributable to the serious and wilful misconduct of the worker — s82(4)(b)
• the worker being imprisoned — s83, or
• his or her engagement in professional sporting activity — s84

C’wealth Comcare

Compensation is not payable in respect of:

• any period during which the worker is imprisoned — s23(2), Safety, Rehabilitation and Compensation Act 1988
• any injury, disease or aggravation suffered as a result of reasonable administrative action taken in a reasonable manner in respect of the employee’s employment — s5A(1), reasonable administrative action defined in s5A(2)
• a disease, if the employee, for the purposes connected with his/her employment or proposed employment has made a wilful and false representation that he/she did not suffer, or had not previously suffered, from that disease — s7(7)
• an injury that is intentionally self-inflicted — s14(2)
• an injury that is caused by the serious and wilful misconduct of the worker, but is not intentionally self inflicted, unless the injury results in death, or serious and permanent impairment: — s14(2) and s14(3), or
• where the employee sustains an injury because he or she voluntarily and unreasonably submitted to an abnormal risk of injury — s6(3)

C’wealth Seacare

Compensation is not payable in respect of:

• any period during which the employee is imprisoned — s38(3), Seafarers Rehabilitation and Compensation Act 1992
• an injury that is intentionally self-inflicted — s26(2)
• any injury, disease or aggravation suffered as a result of reasonable disciplinary action taken against the employee, or failure to by the employee to obtain a promotion, transfer or benefit in connection with his or her employment — s3 definition of injury
• an injury caused by the serious and wilful misconduct of the worker, unless the injury results in death, or serious and permanent impairment — s12 and s26(3)
• where an employee made a wilful and false representation that he/she suffered from a disease or an aggravation of a disease — s10(7), or
• where the employee sustains an injury because he or she voluntarily and unreasonably submitted to an abnormal risk of injury — s9(4)

C’wealth DVA

Military Rehabilitation and Compensation Act 2004 (MRCA) — Compensation is not payable in respect of:

• an injury or disease that results from the person’s serious default or wilful act except if the injury or disease results in a serious and permanent impairment — MRCA s32
• an injury or disease that results from reasonable and appropriate counselling or failure to obtain a promotion, transfer or benefit in relation to a person’s service as a member — MRCA s33
• a wilful and false representation in connection with service or proposed service that not suffering the injury or disease — MRCA s34
• an injury, disease, or death that results from a substantial delay commencing journey, routes that are not reasonably direct, and substantial interruptions to journeys — MRCA s35, or
• injury, disease, or death that results from the use of tobacco products — MRCA s36

Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) — Compensation is not payable in respect of:

• any period during which the worker is imprisoned — s23(2)
• any injury, disease or aggravation suffered as a result of reasonable administrative action taken in a reasonable manner in respect of the employee’s employment — s5A(1), reasonable administrative action defined in s5A(2)
• a disease, if the employee, for the purposes connected with his/her employment or proposed employment has made a wilful and false representation that he/she did not suffer, or had not previously suffered, from that disease — s7(7)
• an injury that is intentionally self-inflicted — s14(2)
• an injury that is caused by the serious and wilful misconduct of the worker, but is not intentionally self inflicted, unless the injury results in death, or serious and permanent impairment: — s14(2) and s14(3) (note that an amendment is before Parliament to provide that no injury caused by serious and wilful misconduct of the worker will be compensable), or
• where the employee sustains an injury because he or she voluntarily and unreasonably submitted to an abnormal risk of injury — s6(3)

New Zealand

Personal injury does not include:

• a cardio-vascular or cerebro-vascular episode unless 20(2)(i) or (j) applies
• personal injury caused wholly or substantially by the aging process, or
• personal injury to teeth or dentures caused by the natural use of those teeth or dentures s26(4)

Compensation is not payable:

• where the injury or death is due to suicide or wilfully self-inflicted injury — s119
• where the claimant became entitled to it because of the death of another person and they have been convicted in New Zealand or another country of the murder of the person — s120
• where the claimant is in prison — s121, or
• where the claimant was injured committing an offence for which they are imprisoned and that offence is punishable by a maximum term of imprisonment of 2 years or more — s122, Accident Compensation Act 2001