Brisbane, 11 June 2024

• 1 x s533 – fraud
• 2 x s136 – failure to notify an engagement in a calling
• 2 x s534 – false or misleading information

On 19 June 2021, the worker injured his thumb while working as a security guard. He made a claim for compensation which was accepted on 23 June 2021. He was certified as totally incapacitated for all work until 26 June 2022.

On 15 June 2021, the worker accepted a role with another security company. He commenced that work on 7 June 2021. He failed to disclose this to the insurer.

On 7 December 2021, the worker commenced work employment with a second security company. He continued working there until 6 May 2022. He did not disclose this work to the insurer.

On 16 December 2021, the worker had a conversation with the insurer. He told the insurer that he was concerned about checking IDs on the door and said he was unable to defend himself and was worried about getting hurt.

On 9 May 2022, the insurer asked the worker if he had been working. He told them that he was not working and had not been able to work due to his hand. He was told that if he was working, he may not be entitled to weekly benefits. He was asked what he does during the day and told the insurer that he does nothing, stays at home, relaxes and tries to use his hand and that he is not able to do much as he has limited funds given he can’t work.

Sentenced to 12 months imprisonment for the fraud charge, to be served by way of intensive correction order. Sentenced to 3 months imprisonment for the false or misleading information charges, to be served by way of intensive correction order and concurrently with the fraud charge. Convicted and not further punished for the charges of failing to notify of an engagement in a calling.

A person must disclose their secondary employment to the insurer.