When is compensation generally not payable?
27 When is compensation generally not payable?
This section applies if, apart from this section, compensation in relation to an injury to an injured person is payable under this part.
Compensation is not payable if the injury to, or death of, the injured person is caused by an intentionally self-inflicted injury.
Compensation is not payable if it is proved that the injury to the injured person is attributable to the person’s serious and wilful misconduct.
In subsection (3), the personal injury received by the injured person is attributable to the serious and wilful misconduct of the person if—
at the time of the injury, the person was under the influence of alcohol or another drug, unless the alcohol or other drug did not contribute to the injury or was not consumed or taken voluntarily; or
the injury was otherwise attributable to the serious and wilful misconduct of the person.
In this section:
drug—see the Road Transport (Alcohol and Drugs) Act 1977, dictionary.
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