Brisbane, 15 May 2024

• Charge 1 – Section 533 WCRA – Fraud
• Charge 2 – Section 136 WCRA – Failure to notify of engagement in a calling
• Charge 3 – Section 534 WCRA – Providing False Information
• Charge 4 – Section 534 WCRA – Providing False Information
• Charge 5 – Section 534 WCRA – Providing False Information
• Charge 6 – Section 534 WCRA – Providing False Information
• Charge 7 – Section 534 WCRA – Providing False Information
• Charge 8 – Section 533 WCRA – Attempted Fraud
• Charge 9 – Section 534 WCRA – Providing False Information

On 20 February 2020, the defendant made a workers’ compensation claim for an ankle injury she sustained at work on 30 January 2020. On the date of injury, the defendant signed an application for compensation form acknowledging that she had an obligation to notify the insurer of any employment (paid, unpaid and self-employment) that she undertook during her claim.

Her claim was accepted on 25 January 2020, and she received compensation backdated from 30 January 2020 through to and including 28 February 2022. From at least 17 September 2021, the defendant engaged in a calling when she operated and/or managed and/or undertook work for a food takeaway business that was registered under her own name and ABN. She didn’t declare this to the insurer.

From 17 September 2021, regular deposits were made into the defendant’s business account from Smartpay Australia and Square AU Pty Ltd (contactless and portable EFTPOS payment facilities), representing the business’ daily takings. Ongoing payments were also made by the defendant to catering companies, café distributors and wholesale food suppliers, as well as regular lease payments for the business premises. The defendant, however, did not draw any earnings from the business between September 2021 and March 2022.

The defendant’s failure to notify the insurer of her return to a calling was without reasonable excuse because the defendant was aware of her obligation to notify the insurer of involvement in the business.

Further, the defendant acted dishonestly by making various false or misleading representations to the insurer, several medical practitioners, and a rehabilitation consultant about her working and/or employment status.

As a result of her dishonesty, the defendant obtained $36,350.95 in compensation payments to which she was not entitled.

On 12 October 2022, the defendant signed a Notice of Claim for Damages (NOC) which was served on the insurer. The defendant claimed damages for injuries to her right ankle, as well as a secondary psychological injury, in the amount of nearly $1.5M. In the NOC, the defendant dishonestly stated that she commenced assisting with her son’s business on 17 September 2021 with ordering and social media advertising, for which she received no remuneration. The defendant thereby attempted to obtain a benefit from the insurer in the form of damages to which she knew she was not entitled.

Fraud & Attempted Fraud (Section 533 WCRA): A head sentence of 16 months imprisonment wholly suspended for two years attaching to each charge (to run concurrently).

Convicted and not further punished for the remaining seven charges.

A worker must tell the insurer if they return to work in any capacity during their claim (paid, unpaid and self-employment), regardless of whether the claimant is earning an income from that work.