Brisbane, 30 April 2024

S 532C – failure to comply with a requirement to give information

On 5 October 2023, a Senior Investigator, an authorised person appointed by the Workers’ Compensation Regulator under the Workers’ Compensation and Rehabilitation Act 2003, required the corporate defendant to provide information in relation to an investigation she was undertaking. This requirement was provided under a Notice to Produce requesting the following information:

• BSB and Account details for all accounts operated by the corporate defendant
• Invoices and/or reimbursements submitted by a worker to the corporate defendant during a period of time
• Any invoice issued to the corporate defendant that were paid by the worker during a period
• Any invoices issued by the corporate insurer that were paid by the worker during a period
• Emails sent to and/or emails sent from the worker during a period.

The due date for the information was 19 October 2023.

On 20 October 2023, the corporate defendant provided a partial response to the Notice to Produce. Bank account details were provided. There was also information provided that the invoices were handled by someone other than the worker. There was no information provided as to the invoices and/or reimbursement requests submitted by the worker to the corporate defendant and the emails sent.

That information was not provided, despite numerous extensions being provided to the corporate defendant.

On 5 December 2023, a prosecution was commenced against the corporate defendant.

On 24 April 2024, the corporate defendant provided the emails in response to the Notice to Produce.

Fined $24,000.00

A person must comply with Notices issued by Authorised Persons at the earliest possible opportunity.