SRC Act section 14, plain-English definition from TheAICommand
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What is section 14 of the SRC Act?

Section 14 of the SRC Act 1988 is the liability provision. Compensation is payable for an injury resulting in death, incapacity for work, or impairment, subject to exclusions for self-inflicted injury and serious and wilful misconduct.

Quick answer

Section 14 of the SRC Act 1988 is the liability provision. Subject to Part II, Comcare is liable to pay compensation for an employee's injury that results in death, incapacity for work, or impairment. Subsections 14(2) and 14(3) exclude intentionally self-inflicted injuries and most injuries caused by serious and wilful misconduct.

Verified against the current authoritative text on by the TheAICommand editorial team.

This page is an educational summary for professionals working with AI. It is not the law and not legal advice. Always work from the current authoritative text linked below.

What does section 14 do?

Section 14, headed "Compensation for injuries", opens Part II as the scheme's liability provision. Under subsection 14(1), subject to that Part, Comcare is liable to pay compensation for an injury suffered by an employee if the injury results in death, incapacity for work, or impairment. Subsection 14(2) excludes intentionally self-inflicted injuries. Subsection 14(3) excludes an injury caused by the serious and wilful misconduct of the employee, unless the injury results in death, or serious and permanent impairment. Read the current compilation on the Federal Register of Legislation.

Who does it bind?

Subsection 14(1) names Comcare. Where a licence under Part VIII authorises a self-insured licensee to accept liability, section 108A makes the licensee, not Comcare, liable for its employees' injuries.

What do practitioners get wrong?

Treating section 14 as if it contained the reasonable administrative action test. It does not. Section 14 asks whether an injury resulted in death, incapacity for work, or impairment, and whether an exclusion applies. Whether there is an injury at all, including the reasonable administrative action carve-out, is decided under section 5A; section 5B defines disease.

Where does AI use touch it?

Liability drafting is the highest-stakes AI use in the scheme; determination language must stay deterministic. See the SRC Act and AI-assisted determinations and AI tools in claims for the human-review gates that keep section 14 reasoning auditable.

Bottom line

Section 14 makes the scheme pay: an injury, plus death, incapacity for work or impairment, minus the two exclusions. The definition battles are fought in sections 5A and 5B; section 14 is where liability lands.

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Frequently asked questions

Does section 14 contain the reasonable administrative action test?
No. This is a common practitioner confusion. Section 14 deals only with liability to pay compensation. The reasonable administrative action carve-out sits in the closing words of subsection 5A(1), with subsection 5A(2) providing non-exhaustive examples of reasonable administrative action.
What are the exclusions in sections 14(2) and 14(3)?
Subsection 14(2) provides that compensation is not payable for an injury that is intentionally self-inflicted. Subsection 14(3) excludes an injury caused by the serious and wilful misconduct of the employee, unless the injury results in death, or serious and permanent impairment.
Who is liable under section 14 for a licensee's employees?
Subsection 14(1) names Comcare as the liable body. Where a licence under Part VIII authorises a licensee to accept liability, section 108A provides that the licensee is liable to pay compensation and Comcare is not, so self-insured licensees stand in Comcare's place for their own employees.

Primary sources

Where s14 appears

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General information and education only. Not legal, compliance, financial, or professional advice. Always confirm obligations against the primary source and current regulator guidance.