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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 (PDF, 1.99 MB) (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  
13/05/2016Brisbane
  • Conviction not recorded
  • Fine $800
For attempting to defraud WorkCover.
 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
15 July 2016

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