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Brisbane, 3 July 2024

Date 3 July 2024
Charges
  • Charge 1 – Section 533 WCRA - Fraud
  • Charge 2 – Section 136 WCRA – Fail to disclose engagement in a calling
  • Charge 3 - Section 534(2) WCRA – False or misleading information
  • Charge 4 - Section 534(2) WCRA – False or misleading information
Court Brisbane Magistrates Court – Magistrate Moloney
Plea Not Guilty
Case Defendant sentenced to imprisonment for defrauding the insurer by failing to disclose self-employment
Facts

The defendant sustained a psychological injury arising out of workplace bullying and harassment in February 2022. At the time, she was the holder of an ABN under which she performed ad hoc work as a chairperson for a different organisation. She did not disclose this work to the insurer and continued to undertake this work during the course of her workers compensation claim.

Penalty

Fraud (s533) - 18 months imprisonment, wholly suspended for 2 years
False and misleading statements (s534) – 3 months, wholly suspended for 2 years

EIC (s136) – convicted but not further punished.
Restitution $98,475.68
Costs $19,954.45
Common Law rights extinguished? Yes
Conviction Recorded
Consideration for Prevention

A worker must disclose any type of work to an insurer and ensure these disclosures are full and unambiguous.