Brisbane, 26 November 2024

Brisbane complaint

• Charge 1 – s 533/535 – Fraud
• Charge 2 – s 136 – Failure to notify of engagement in calling.
• Charges 3-5 – s 534(2) – False or misleading statements.

Beenleigh complaint

• Charges 1-2 – s 534(2) – False or misleading statements

On 11 May 2021, the defendant injured his knee working as a truck driver. He made a compensation claim two days later, which was subsequently accepted. On 18 May 2021, following a warning about his obligations, he was asked if he had another job and said he did not. In fact, he had commenced working as an Uber driver 10 days before the work injury.

On 22 July 2021, the defendant disclosed a self-employment business but said made no money. He did not disclose the Uber work.

He continued to work as an Uber driver throughout his claim while certified unfit for any work or fit for suitable duties. He had several conversations with WorkCover staff and doctors during which he denied being able to “drive much,” complete normal activities, or participate in suitable duties. He discussed his capacity for work on several occasions but never disclosed the Uber work at any point in the claim.

The defendant’s claim closed in January 2022 after he was assessed as having no permanent impairment. Payments continued to be made for medical expenses until March 2022.

The defendant commenced a damages claim on 9 May 2022. He disclosed that he had commenced Uber driving after he had been on leave without pay from his usual work when they could not provide suitable duties. This was untrue as he had in fact commenced prior to the injury. He also failed to disclose any income from the Uber driving.

In August 2022, at the request of WorkCover’s lawyers, some (but not all) of the Uber records indicating work during the statutory claim were disclosed. As a result, the engagement in a calling was uncovered.

Fraud – 18 months imprisonment wholly suspended for 2 years.

Engagement in calling – convicted, not further punished.

False or misleading statements – 12 months imprisonment wholly suspended for 2 years.

Any secondary work, paid or unpaid, must be disclosed.