RETURN TO WORK ACT 2014 - SECT 8
RETURN TO WORK ACT 2014 - SECT 8
(1) A worker who is
acting in connection with, and for the purposes of, the employer's trade or
business is presumed to be acting within his or her employment despite the
fact that—
(a) the
worker is acting in contravention of a statutory or other regulation
applicable to the employment; or
(b) the
worker is acting without, or in contravention of, instructions from the
employer.
(2) However, a worker
will not be entitled to receive any services or benefits under this Act in
relation to an injury if—
(a) the
worker is guilty of misconduct or acts in contravention of instructions from
the employer during the course of an attendance under section 7(5); or
(b) it
is established on the balance of probabilities that the injury is wholly or
predominantly attributable to—
(i)
serious and wilful misconduct on the part of the worker;
or
(ii)
the influence of alcohol or a drug voluntarily consumed
by the worker (other than a drug lawfully obtained and consumed in a
reasonable quantity by the worker).
(3)
Subsection (2)(a) does not apply in a case of death or permanent
total incapacity for work and subsection (2)(b) does not apply in the
case of death or serious and permanent injury.