Brisbane, 8 May 2025

• S 533 – fraud
• S 136 – failure to notify an engagement in a calling
• 3 x s 534 – False or misleading information

On 13 October 2018, the worker sustained a fracture to his left ankle and spine while working as a Track Work Rider.

On 18 October 2018, the worker’s claim for compensation was accepted. However, the worker did not want to pursue the claim at that time and the claim was closed.

On 17 December 2018, the worker contacted the insurer to reopen his claim and he was paid compensation from 31 December 2018 until his claim was terminated on 21 October 2019.

From 19 July 2019, the worker engaged in work as a Track Work Rider. He did not notify the insurer of this work.

He also made three false or misleading statements to WorkCover about the work and his capacity to work.

On 12 August 2019, he informed the insurer that he was not being paid, that he needs the money for rent and that his compensation was his only income.

On 20 August 2019, the worker told the insurer that he was still off work, that he can’t do anything, isn’t working or doing anything fun. He said he “always does the right thing” and said he has no other income. He noted that he had barely left the house in the last 8 months and that he can’t go around having fun or anything.

On 9 October 2019, information from the worker’s employer indicated that the worker had been working since 19 July 2019, as a track work rider. Enquiries were made by the insurer with the company he was working for which confirmed this.

On 21 October 2019, when confronted about his work, the worker initially denied he was working until he was told the insurer had evidence he was. He also initially denied he was being paid until the insurer informed him they had evidence that he was being paid. The worker then confirmed that he was working but that it was because he needed the money.

The worker’s claim was closed due to his medical practitioner opining that his injury was stable and stationery, based on footage of him working and the information received from his return to work employer.

Sentenced to 6 months imprisonment for the fraud charge, wholly suspended for an operational period of 9 months. Sentenced to 1 month imprisonment for each of the false or misleading information charges, wholly suspended for a period of 9 months 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.