Misconduct, Self-inflicted Injury, and Suicide in Workers Compensation: A Review of the Australian Legal Framework
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...
| Main Authors: | , |
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| Format: | Journal Article |
| Published: |
Thomson
2018
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| Online Access: | http://sites.thomsonreuters.com.au/journals/2018/12/26/journal-of-law-and-medicine-update-vol-26-pt-2/ http://hdl.handle.net/20.500.11937/74327 |
| _version_ | 1848763243851415552 |
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| author | Lambropoulos, V. Guthrie, Rob |
| author_facet | Lambropoulos, V. Guthrie, Rob |
| author_sort | Lambropoulos, V. |
| building | Curtin Institutional Repository |
| collection | Online Access |
| description | 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. |
| first_indexed | 2025-11-14T11:00:22Z |
| format | Journal Article |
| id | curtin-20.500.11937-74327 |
| institution | Curtin University Malaysia |
| institution_category | Local University |
| last_indexed | 2025-11-14T11:00:22Z |
| publishDate | 2018 |
| publisher | Thomson |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | curtin-20.500.11937-743272019-07-31T06:16:17Z Misconduct, Self-inflicted Injury, and Suicide in Workers Compensation: A Review of the Australian Legal Framework Lambropoulos, V. Guthrie, Rob 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. 2018 Journal Article http://hdl.handle.net/20.500.11937/74327 http://sites.thomsonreuters.com.au/journals/2018/12/26/journal-of-law-and-medicine-update-vol-26-pt-2/ Thomson unknown |
| spellingShingle | Lambropoulos, V. Guthrie, Rob Misconduct, Self-inflicted Injury, and Suicide in Workers Compensation: A Review of the Australian Legal Framework |
| title | Misconduct, Self-inflicted Injury, and Suicide in Workers Compensation: A Review of the Australian Legal Framework |
| title_full | Misconduct, Self-inflicted Injury, and Suicide in Workers Compensation: A Review of the Australian Legal Framework |
| title_fullStr | Misconduct, Self-inflicted Injury, and Suicide in Workers Compensation: A Review of the Australian Legal Framework |
| title_full_unstemmed | Misconduct, Self-inflicted Injury, and Suicide in Workers Compensation: A Review of the Australian Legal Framework |
| title_short | Misconduct, Self-inflicted Injury, and Suicide in Workers Compensation: A Review of the Australian Legal Framework |
| title_sort | misconduct, self-inflicted injury, and suicide in workers compensation: a review of the australian legal framework |
| url | http://sites.thomsonreuters.com.au/journals/2018/12/26/journal-of-law-and-medicine-update-vol-26-pt-2/ http://hdl.handle.net/20.500.11937/74327 |