Brisbane 20 June 2025

• Charge 1 – Section 533 Workers’ Compensation and Rehabilitation Act 2003 (WCRA)– Fraud
• Charge 2 – Section 136 WCRA – Failure to notify of engagement in a calling
• Charge 3-5 – Section 534 WCRA – Providing False Information

On 20 September 2022, the defendant injured his elbow while working as a driller.

He applied for workers’ compensation and his claim was approved. He was informed of his obligation to inform the insurer whether he was working or earning an income while he was in receipt of compensation.

From 8 February 2023 to 29 March 2023, the defendant returned to work as a driller. He was working 12 hour days and was undertaking manual labour.

On 9 February 2023, the defendant attended a telehealth appointment with his general practitioner. Based on the defendant’s reporting, he was certified fit for suitable duties with restrictions of no driving, no operating machinery or heavy vehicles and no undertaking manual tasks. He was working on this day.

On 28 February 2023, the defendant attended another appointment with his general practitioner and was certified fit for suitable duties with the same restrictions.

On 3 March 2023, the defendant told the insurer that “work won’t touch him”, that he had been contacting other employers and was hoping once he had a clearance he would be “all good” to start elsewhere. It was explained that the defendant would have to inform the insurer when he started working.

On 23 March 2023, the defendant told the insurer he had started the process of doing inductions for other jobs. He was asked if he was being paid for this and it was explained to the defendant that if he had done any other work or getting paid, he needed to inform the insurer before he may have been overpaid by the insurer. The defendant told the insurer that he was not being paid, which was a lie.

On 24 March 2023, the defendant had a consultation with his general practitioner. During this, the defendant told his doctor that his physiotherapist suggested a further two weeks off before a return to full duties. The defendant was certified as fit for suitable duties with the same restrictions.

On 6 April 2023, the defendant told the insurer that he had a job interview in Western Australia, that he may have gotten this job and that he will follow the instructions of his doctor and physiotherapist.

On 5 July 2023, the defendant’s employer informed the insurer that the defendant was working at a specific drilling company.

Enquiries made with that drilling company confirmed the defendant was working for them before 8 February 2023 and 29 March 2023. His employment was terminated on 29 March 2023 for unrelated reasons.

On 10 July 2023, the insurer asked the defendant if he had been working. The defendant denied this. The insurer informed the defendant that they had information that the defendant was working 7.5 weeks from 6 February 2023 to 29 March 2023 and confirmed they had his pay slips. The defendant responded that that work was for training manuals, and he did not think this was work. He said that he thought he was only allowed to do physical work and didn’t think doing training manuals would be classed as work. This was a lie.

On 9 September 2024, the drilling company confirmed that the defendant was undertaking normal drilling operations, including working 12 hours a day and undertaking manual tasks.

On 13 July 2023, the insurer raised an overpayment of $20,788.99 in relation to the reimbursed wages the defendant obtained during the period he was working and receiving compensation.

The defendant commenced repaying this overpayment at $200 per fortnight from November 2023.

Fraud – 12 months, wholly suspended for an operational period of 3 years

False or misleading information – 8 months, wholly suspended for an operational period of 3 years

Terms of imprisonment to be served concurrently.

Failure to notify of an engagement in a calling – convicted and not further punished.