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28-07-2023 Beenleigh

Date 28 July 2023

Charge 1 – Fraud – s 533, 535 – Workers’ Compensation and Rehabilitation Act 2003
Charge 2 – Failure to notify insurer of engagement in a calling – s 136 – Workers’ Compensation and Rehabilitation Act 2003
Charges 3 to 7 – False or misleading information – s 534 – Workers’ Compensation and Rehabilitation Act 2003

Court Beenleigh Magistrates Court – Magistrate Clohessy

Guilty to Charges 1 and 2
Charges 2 – 7 discontinued


The worker failed to notify the insurer of their engagement in a calling by not disclosing unpaid work they undertook while receiving compensation.


On 15 December 2020, the worker sustained injuries to their neck, right upper limb and right ankle as a result of a physical altercation at his workplace.

On 17 December 2020, the worker lodged a claim for compensation which was accepted. During the claim, the worker was certified not to have any capacity for any type of work.

On 10, 19 and 23 February 2021, surveillance was undertaken of the worker which revealed that they were engaged in physical tasks at a workplace and undertaking truck driving.

The worker failed to disclose this (unpaid) work to the insurer during the period 10 February and 17 March 2021, while also in receipt of compensation for injuries and deemed unfit for all work.

Following negotiations between the parties, the worker pleaded guilty to fraud and failing to notify of engagement in a calling on the day prior to trial and charges 3 to 7 were discontinued.


Charge 1 – Fraud:

  • 6 months imprisonment wholly suspended for an operational period of 12 months.

Charge 2 – Failure to notify insurer of engagement in a calling:

  • Convicted and not further punished.
Restitution $10,020.98 referred to SPER
Costs $17,238.17 referred to SPER
Common Law rights extinguished? Yes
Conviction Recorded
Consideration for Prevention

Workers must be honest about their engagement in work (paid or unpaid), including self-employment, during their claim for compensation.