South Australian Consolidated Acts South Australian Consolidated Acts (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 in the course of 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.
(a) a
worker will not be presumed to be acting in the course of employment if the
worker is guilty of misconduct or acts in contravention of instructions from
the employer during the course of an attendance under section 30(3); and
(b) a
disability is not compensable if it is established on the balance of
probabilities that the disability 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 a case
of death or serious and permanent disability.