Section 78 — Workers Compensation Act 1987 (NSW)

(cf former ss 10A (1A), (1B), 10B (2), (3))
(1) If it is proved that any damage for which compensation would otherwise be payable to a worker under this Division is solely attributable to the serious and wilful misconduct of the worker, compensation is not payable in respect of that damage.
(2) Compensation is not payable under this Division in respect of any damage caused intentionally by the worker concerned.
(3) The provisions of Part 5 (Common law remedies) apply to damage to which this Division applies in the same way as they apply to injuries.
(4) For the purposes of this Division, an accident arises out of or in the course of employment if—
(a) the accident occurred on a journey to which section 10 applies, and
(b) the worker received an injury in that accident for which compensation is, because of that section, payable or, if the worker had been injured in that accident, compensation would have been so payable.

Related sections

• s 75 — Damage to clothing
• s 76 — Maximum rate for damage to artificial limbs, spectacles
• s 77 — Maximum rate for damage to clothing
• s 79 — Definitions
• s 80 — Adjustment of amounts of benefits according to award rate of pay index
• s 81 — Rounding off

Research how courts apply s 78

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.