Brisbane 13 May 2022

Date	13 May 2022
Charges	Charge 1 – Section 533 WCRA - Fraud Charge 2 – Section 533 WCRA – Attempted fraud
Court	Brisbane Magistrates Court - Acting Magistrate Byrne
Plea	Guilty
Case	The worker sustained a physical and psychological injury at work and made both a statutory claim for workers’ compensation and a common law claim for damages. She denied having any relevant psychiatric history from the outset of the claim, despite having a lengthy and significant mental health history, and made multiple false or misleading statements about the same.
Facts	The worker tripped on a telephone cable while working as a social worker in August 2017 and made claims for physical and psychological injuries which were both accepted. The worker later made a common law claim in December 2019 for damages. Throughout the course of the statutory claim, the worker dishonestly stated on several occasions that she had no prior psychological/psychiatric medical history or had taken any medication for mental health treatment. The worker also disclosed no psychological/psychiatric history on her common law Notice of Claim for Damages form, which she signed. In truth, she had sought and received treatment for mental health for almost a decade and had been regularly prescribed anti-depressant medication. The worker also had two previous convictions for fraud, including one for defrauding Centrelink, and was on community-based orders at the time of the offending for these previous frauds.
Penalty	Fraud - 2 years imprisonment, wholly suspended for 4 years Attempted fraud – 200 hours community service This sentence was appealed by the Workers’ Compensation Regulator to the District Court on grounds that it was manifestly inadequate. Her Honour commented that the sentence was manifestly inadequate in all the circumstances and actual custody ought to have been imposed. Given the defendant had completed the community service ordered by the appeal date however, her Honour dismissed the appeal.
Restitution	$85,379.81
Costs	$15,313.62
Common Law rights extinguished?	Yes
Conviction	Recorded
Consideration for Prevention	A worker must disclose all relevant medical history when making claims for compensation