Section 14(2) of the Workers' Compensation Act 1987 (NSW) neutralises the effect of gross misconduct (including illicit drug use) in taking a worker outside the course of employment where the injury results in death or serious and permanent disablement. For s 14(3) to apply, there must be an intention to injure — the word 'intentional' governs 'injury' not 'self-inflicted', so deliberate ingestion of a harmful substance without intention to cause harm does not constitute an intentional self-inflicted injury. A worker's subjective belief that drug use was necessary to perform employment duties is relevant to the substantial contributing factor test under s 9A, and there is no additional requirement that the belief be objectively reasonable.
The full text is available to signed-in members, including the 14 later cases that cite this judgment.
2 of the 14 citing cases carry a classified treatment. How each court treated it is available to signed-in members.