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30-05-2023 Beenleigh

Date30 May 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
Charge 3 – False and misleading information – s 534(2) – Workers’ Compensation and Rehabilitation Act 2003

CourtBeenleigh Magistrates Court – Magistrate Howden

Guilty to charge 2 only
Charges 1 and 3 withdrawn


The worker failed to notify the insurer of their engagement in a calling by not disclosing that they had commenced undertaking work during their claim.


On 28 June 2020, the worker fractured their arm while working as a chef. They lodged an application for compensation on 30 June 2020, which was accepted by the insurer on 1 July 2020. The worker was certified by their treating practitioners as incapacitated for work until 31 December 2021.

On 30 April 2021, an anonymous caller told the insurer the worker was working for cash in hand at a tobacconist shop.

Surveillance of the worker was taken between 25 May 2021 and 12 December 2021, which captured the worker serving customers at a tobacconist shop. The worker did not disclose this work to the insurer.

Following negotiations between the parties, charges 1 and 3 were withdrawn and the defendant entered a plea of guilty to charge 2 only.


Charge 2 – $800.00 fine

Common Law rights extinguished?No
ConvictionNot Recorded
Consideration for Prevention

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