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    Misconduct, Self-inflicted Injury, and Suicide in Workers Compensation: A Review of the Australian Legal Framework

    Access Status
    Open access via publisher
    Authors
    Lambropoulos, V.
    Guthrie, Rob
    Date
    2018
    Type
    Journal Article
    
    Metadata
    Show full item record
    Citation
    Lambropoulos, V. and Guthrie, R. 2018. Misconduct, Self-inflicted Injury, and Suicide in Workers Compensation: A Review of the Australian Legal Framework. Journal of Law and Medicine. 26 (2): pp. 389-406.
    Source Title
    Journal of Law and Medicine
    Additional URLs
    http://sites.thomsonreuters.com.au/journals/2018/12/26/journal-of-law-and-medicine-update-vol-26-pt-2/
    ISSN
    1320-159X
    School
    John Curtin Institute of Public Policy (JCIPP)
    URI
    http://hdl.handle.net/20.500.11937/74327
    Collection
    • Curtin Research Publications
    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.

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