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Workers' compensation prosecutions

The Workers' Compensation Regulator is responsible for investigating and commencing proceedings for alleged offences against the Workers' Compensation and Rehabilitation Act 2003 (the Act). This function is delegated to the Office of Industrial Relations.

Workers' compensation insurers are required to give the Office of Industrial Relations the information in its possession which supports its reasonable belief that a person has committed an offence.

Offences against the Act can include (but are not limited to) fraud or attempted fraud, providing false or misleading statements or documents, obtaining or using a worker's compensation document for a purpose relating to the employment of a worker, failure to have written rehabilitation policies and procedures when required, dismissal of an injured worker due to injury within 12 months of injury, and impersonating an authorised person.

Investigation and proceedings can be commenced against any person including a worker/claimant, employer, service provider, or any other person or business.

Workers' compensation prosecutions

Below is a summary of workers' compensation prosecutions.

Hearing date Magistrates court Outcome Case
12/07/2017Southport
  • No conviction recorded
  • Penalty: 3,780
For providing false and misleading information to an insurer
07/07/2017 Beenleigh
  • No conviction recorded
  • Penalty: $800
The worker was charged for dishonestly describing the cause of his injury to a workers’ compensation insurer
04/07/2017 Brisbane
  • No conviction recorded
  • Penalty: $800
For making a false claim for workers' compensation.
29/06/2017 Proserpine
  • Conviction recorded
  • Penalty: Sentenced to 18 months wholly suspended for two years for fraud and six months concurrent for each of the false or misleading charges, also wholly suspended for two years.
  • Restitution: $37,028.38
For exaggeration of symptoms
05/06/2017 Brisbane
  • Conviction recorded
  • Penalty: $8,000.00.
  • Restitution: $13,610.14
For returning to a calling and failing to advise the insurer of this work and exaggerating his symptoms to providers.
05/06/2017 Caboolture
  • Conviction recorded
  • Penalty: $2,000.00.
  • Restitution: $Nil
For failure to notify of return to work or engagement in a calling.
07/06/2017 Brisbane
  • Conviction recorded
  • Penalty: 18 months whole suspended for an operational period of 3 years.
  • Restitution: $98,818.87 (less $70,000.00 paid on the day, leaves balance $28,818.87)
For failing to disclose significant pre existing conditions.
05/05/2017 Brisbane
  • No conviction recorded
  • Fine $1,500
For providing false and misleading information to an insurer.
04/05/2017 Maroochydore
  • Conviction recorded
  • Restitution: $14,451.99
For returning to a calling and failing to advise the insurer of this work
21/04/2017 Brisbane
  • Conviction recorded
  • Penalty: 12 months for the fraud charge and 4 months for each of the false and misleading charges to be wholly suspended for a period of three years
  • Restitution: $Nil (attempt only)
For attempting to defraud insurer by failing to declare employment in the claim for damages
21/04/2017 Brisbane
  • No conviction recorded
  • Fine $4,000
  • Restitution: $3,253.63
For attempting to defraud WorkCover
17/03/2017 Brisbane
  • Conviction recorded
  • Fine $2,800
For providing false and misleading information or documents
14/02/2017 Southport
  • No conviction recorded
  • Fine: $2,000.00
  • Restitution: $5,001.93
A worker should notify the insurer if they continue to work or return to work while in receipt of benefits.
20/01/2017 Brisbane
  • Conviction recorded
  • Penalty: Charge 1 (Fraud): 6 months imprisonment for head sentence. Charges 2 to 4 (False or misleading information or documents): 3 months imprisonment on each count. To be served concurrently with parole release on 17 June 2017. (Worker was in breach of a separate suspended sentence which was activated in full)
  • Restitution: $12,268.30
For providing false and misleading information to an insurer.
20/01/2017 Brisbane
  • No conviction recorded
  • Fine: $6,000.00
  • Restitution: $9,956.25
For providing false and misleading information to an insurer.
19/12/2016 Brisbane
  • Conviction recorded
  • Penalty: 15 months imprisonment (wholly suspended after serving 2 months in custody and 3 months each wholly suspended)
  • Restitution: $223,006.26
For providing false and misleading information to an insurer.
12/12/2016 Brisbane
  • Conviction recorded
  • Fine $2,000
For providing false and misleading information to WorkCover.
04/11/2016 Brisbane
  • Conviction not recorded
  • Fine $4000
Engaging in a calling/Failure to notify of return to work
03/11/2016 Brisbane
  • No conviction recorded
  • Fine: $3,100
  • Restitution: $3,719.26
For providing false and misleading information to WorkCover.
17/08/2016 Townsville
  • Conviction recorded
  • Penalty: Charge 1 (Fraud) - 12 months imprisonment, Charges 2-6 (providing false or misleading information) - 4 months imprisonment for each charge. To be served concurrently with immediate parole.
  • Restitution: $110,147.89
For providing false and misleading information to an insurer
15/07/2016 Brisbane
  • Conviction not recorded
  • Fine $900
For attempting to defraud WorkCover.
13/05/2016 Brisbane
  • Conviction not recorded
  • Fine $800
For attempting to defraud WorkCover.
22/06/2015 Beenleigh
  • Conviction recorded
  • Penalty: 8 months imprisonment (wholly suspended for 2 years)
  • Restitution: $18,436.23
Engaging in a calling/Failure to notify of return to work.
05/06/2015 Beenleigh
  • Conviction recorded
  • Penalty: 9 months imprisonment (wholly suspended for 12 months)
  • Restitution: $23,904.44
Engaging in a calling/Failure to notify of return to work.
22/05/2015 Maroochydore
  • Conviction recorded
  • Penalty: 15 months imprisonment (wholly suspended for 2 years)
  • Restitution: $67,486.13
Engaging in a calling/Failure to notify of return to work.
21/05/2015 Brisbane
  • No conviction recorded
  • Fine: $3,000.00
  • Restitution: $6,885.91
Engaging in a calling/Failure to notify of return to work.
15/05/2015 Brisbane
  • Conviction recorded
  • Penalty: 6 months imprisonment (wholly suspended for 12 months)
  • Restitution: $19,208.94
Engaging in a calling/Failure to notify of return to work.
11/05/2015 Southport
  • Conviction recorded
  • Fine: $4,000.00
  • Restitution: $11,198.18
Engaging in a calling/Failure to notify of return to work.
25/03/2015 Caboolture
  • Conviction recorded
  • Penalty: 9 months imprisonment (wholly suspended for 18 months)
  • Restitution: $30,846.78
Engaging in a calling/Failure to notify of return to work.
19/03/2015 Brisbane
  • No conviction recorded
  • Fine: $2,500.00
Failure to notify of return to work.
22/01/2015 (1) Holland Park
  • No conviction recorded
  • Fine: $7,000.00
  • Restitution: $5,762.61
Exaggeration of symptoms and providing false information.
22/01/2015 (2) Brisbane
  • No conviction recorded
  • Fine: $3,000.00
  • Restitution: $3,792.35
Exaggeration of symptoms and providing false information.
18/12/2014 Cairns
  • Conviction recorded
  • Fine: $6,000.00
  • Restitution: $7,450.60
Engaging in a calling/Failure to notify of return to work.
05/12/2014 Townsville
  • No conviction recorded
  • Fine: $8,000.00
  • Restitution: $11,156.89
Exaggeration of symptoms and providing false information.
07/11/2014 Beenleigh
  • Conviction recorded
  • Penalty: 6 months imprisonment (wholly suspended for 12 months)
  • Restitution: $26,841.53
Engaging in a calling/Failure to notify of return to work.
21/05/2014 Gladstone
  • Conviction recorded
  • Fine: $8,000.00
  • Restitution: $14,673.08
Engaging in a calling/Failure to notify of return to work.
27/02/2014 Mount Isa
  • Conviction recorded
  • Fine: $8,000.00
  • Restitution: $9,024.59
Fraud and providing false information.
 28/01/2014  Brisbane
  • Conviction recorded
  • Partial term of imprisonment (one month) and suspended sentence (five months)
For attempting to defraud WorkCover.
 13/12/2013  Cairns 
  • Conviction recorded
  • Suspended sentence
For attempting to defraud WorkCover.
 28/11/2013  Caboolture 
  • Conviction recorded
  • Fine $1,000
For reporting a false injury to the employer and attempting to defraud WorkCover.
 21/11/2013  Brisbane 
  • Conviction not recorded
  • Fine $4,000
  • Restitution $6,651
For returning to work and failing to notify WorkCover and providing false and misleading information, the worker was charged.
 17/10/2013  Brisbane
  • No Conviction recorded
  • Fine $3,000
  • Restitution $26,653
For returning to work and failing to notify WorkCover.
 01/10/2013  Southport
  • No Conviction recorded
  • Fine $5,000
  • Restitution $4,108
For returning to work and failing to notify WorkCover.
 22/07/2013  Cabooluture
  • Conviction recorded
  • Suspended sentence
  • Restitution $23,353

For returning to work and failing to notify WorkCover and providing false and misleading information, the worker was charged.

 20/06/2013  Brisbane
  • Conviction recorded
  • Suspended sentence
  • Restitution $19,311
  • Common law right extinguished

For returning to work and failing to notify WorkCover, attempting to defraud WorkCover at common law and providing false and misleading information, the worker was charged.

 09/04/2013  Brisbane
  • Conviction recorded
  • Suspended sentence
  • Restitution $16,447
For providing false and misleading information about return to work, the worker and his friend were charged.
 16/11/2012  Caboolture
  • No conviction recorded
  • Fine $4,000
  • Restitution $23,892
  • Common law rights extinguished
For providing false information about self-employment activities, the worker was charged.
 12/11/2012  Maroochydore
  • No conviction recorded
  • Fine $1,000
  • Restitution $4,028
For providing false and misleading information about return to work, the worker was charged.
 11/10/2012  Brisbane
  • No conviction recorded
  • Fine $3,000
  • Restitution $11,505
  • Common law rights extinguished
For attempting to defraud by engaging in self-employment, the worker was charged.
 02/11/2012  Wynnum
  • Conviction recorded
  • Suspended sentence
  • Restitution $32,280
For providing false and misleading information about returning to work, the worker was charged.
 14/09/2012  Caboolture
  • Conviction recorded
  • Suspended sentence
  • Restitution $18,412
For failing to declare he had returned to work, the worker was charged
 05/07/2012  Brisbane
  • Conviction recorded
  • Suspended sentence
  • Restitution $28,791
  • Common law rights extinguished
For misrepresenting the extent of injuries, the worker was charged
 17/05/2012  Brisbane
  • Conviction recorded
  • Suspended sentence
  • Common law rights extinguished
For failing to disclose a prior injury, the worker was charged.
 17/05/2012  Brisbane
  • Conviction recorded
  • Suspended sentence
  • Restitution $58,854
  • Common law rights extinguised
For failing to disclose a second job, the worker was charged.
 05/03/2012  Townsville
  • No conviction recorded
  • Fine $4,000
  • Restitution $5,498
For failing to disclose additional work, the worker was charged.
25/11/2011  Brisbane
  • Conviction recorded
  • 10 weeks imprisonment
  • Restitution $26,303
For lying about the cause of injury, the worker was charged.
20/10/2011 Brisbane
  • Conviction recorded
  • Suspended sentence
  • Restitution $20,049
For providing false and misleading information, the worker was charged.
11/10/2011  Rockhampton
  • Conviction recorded
  • Suspended sentence
  • Restitution $26,822
For failing to disclose a second job, the worker was charged.
29/08/2011  Southport 
  • Conviction recorded
  • Suspended sentence
  • Restitution $48,263
For lying about the cause of injury, the worker was charged.
26/08/2011  Brisbane 
  • Conviction recorded
  • 4 months imprisonment
  • Restitution $122,588
For providing fraudulent information, the worker was charged.
10/08/2011  Brisbane
  • Conviction recorded
  • Suspended sentence
  • Restitution $45,245.61
For failing to disclose a second job, the worker was charged.
07/07/2011 Brisbane 
  • Conviction recorded
  • Suspended sentence
For failing to disclose a second job, the worker was charged.
26/06/2011 Cairns
  • Conviction recorded
  • Suspended sentence
For lying about the cause of injury, the worker was charged.
22/06/2011 Rockhampton
  • Conviction recorded
  • Suspended sentence
  • Restitution $15,448
For failing to disclose a second job, the worker was charged.
17/06/2011 Townsville
  • Conviction recorded
  • Suspended sentence
  • Restitution $19,170
For failing to disclose a second job, the worker was charged.
19/05/2011 Brisbane
  • No conviction recorded
  • Fine $2,000
  • Restitution $9,967
For failing to disclose a second job, the worker was charged.

29/04/2011

Gold Coast 
  • Conviction recorded
  • Suspended sentence
  • Restitution $26,200
For failing to disclose a second job, the worker was charged.

27/04/2011

Brisbane 
  • No conviction recorded
  • Fine $2,500
  • Restitution $15,829
For failing to disclose a second job, the worker was charged.

27/04/2011

Brisbane 
  • Conviction recorded
  • Suspended sentence
  • Restitution $24,870
For failing to disclose a second job, the worker was charged.

24/03/2011

Brisbane 
  • Conviction recorded
  • Suspended sentence
  • Restitution $58,549
For failing to disclose a second job, the worker was charged.

20/01/2011

Brisbane 
  • No conviction recorded
  • Fine $2,750
  • Restitution $8,919
For failure to disclose a second job, the worker was charged.

20/01/2011

Brisbane 
  • Conviction recorded
  • Suspended sentence
  • Restitution $23,172
For failure to disclose additional employment, the worker was charged.

10/01/2011

Townsville
  • Conviction recorded
  • 30 days imprisonment
  • Fine $3,000
  • Restitution $13,846
For failure to insure multiple businesses, the employer was charged.

20/12/2010

Brisbane 
  • Conviction recorded
  • Suspended sentence
  • Restitution $7,667
For lying about the cause of injury, the worker was charged.

25/11/2010

Brisbane 
  • Conviction recorded
  • Suspended sentence
For failing to disclose additional employment, the worker was charged.
16/11/2010  Toowoomba
  • Conviction recorded
  • Fine $2,750
  • Restitution $4,622
For lying about return to work duties, the worker was charged.

04/10/2010

Townsville
  • Conviction recorded
  • Fine $6,000
  • Restitution $8,763
For continuing a self-employed business while on workers' compensation, the couple were charged.

04/10/2010

Townsville 
  • Conviction recorded
  • Fine $6,000
  • Restitution $6,336
For continuing a self-employed business while on workers' compensation, the couple were charged.

19/08/2010

Brisbane
  • Conviction recorded
  • Suspended sentence
  • Restitution $30,906
For lying about the cause of injury, the worker was charged.

02/07/2010

Brisbane

  • Conviction recorded
  • Suspended sentence
  • Restitution $74,178
For failing to disclose a second job, the worker was charged.
16/07/2010  Mackay
  • Conviction recorded
  • Suspended sentence
  • Restitution $50,382
For failing to disclose a second job, the worker was charged.

13/07/2010

Townsville
  • No conviction recorded
  • Fine $1,000
  • Restitution $2,324
For failing to disclose return to work, the worker was charged.
Charge/s Outcome
1 charge of engaging in a calling Worker found guilty at trial.
Placed on 12 months' probation and ordered to pay $30,029.87 in
1 charge of engaging in a calling
1 charge of attempting to defraud
Worker found guilty.
Fined $1,000 and ordered to pay court costs of $1,220 and of $256.
1 charge of fraud
6 charges of providing false and misleading information to a self-insurer
Worker found guilty at trial.
Sentenced to six months imprisonment and ordered to pay $60,000 in.
4 charges of providing false and misleading information to a self-insurer Worker pleaded guilty
Fined $1,000 and ordered to pay court costs of $1,220 and of $256.
2 charges of providing false and misleading information to a self-insurer Worker pleaded guilty.
Sentenced to a 1 year good behaviour bond.
Last updated
16 November 2017

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