28-04-2022 Mackay
| Date | 28 April 2022 |
|---|---|
| Charges | 1 x providing false or misleading information in a document under section 534(3) of the Workers' Compensation and Rehabilitation Act 2003 (the Act). |
| Court | Mackay Magistrates Court |
| Plea | Guilty |
| Case | The worker was charged for giving a document to the Regulator for the purpose of an application for compensation, knowing the information contained in the document was false or misleading in a material particular. |
| Facts | On 23 April 2020, the worker made a claim for compensation to the insurer under the Act for a back injury the worker claimed he sustained on 5 January 2018 while employed as a butcher. During the claim application process, the worker claimed they did not make an application for compensation immediately following their injury because they had a partnership agreement with the owner of the business and on that basis didn’t think he was eligible. On 20 May 2020, the insurer decided to not accept the worker’s claim because it was not lodged within 6 months after the worker’s entitlement to compensation for the injury arose. The worker sought a review of this decision by the Workers’ Compensation Regulator, Review unit. During the review process, the worker provided a document to the Review unit that was false or misleading because it contained forged signatures of the owner and the owner’s wife. |
| Penalty | Fined $3,000 |
| Restitution | N/A |
| Costs | $4,000 |
| Common Law rights extinguished? | No |
| Conviction | Not recorded |
| Consideration for Prevention | Offences of this nature must be deterred, and a strong deterrent penalty must be factored into the sentence. People should not provide false or misleading documents to workers’ compensation insurers or the Workers’ Compensation Regulator. |