Brisbane 14 December 2022

Date	14 December 2022
Charges	Caloundra complaint Charge 1 - Section 533/535 - Fraud Charge 2 - Section 136 - Fail to notify of engagement in a calling Brisbane complaint Charge 1 - Section 533/535 - Fraud Charge 2 - Section 136 - Fail to notify of engagement in a calling Noosa complaint Charge 1 - Section 534(2) - Stating false or misleading information Charge 2 - Section 534(3) - Giving false or misleading information
Court	Brisbane Magistrates Court
Plea	Guilty to all six charges
Case	The worker defrauded the insurer by engaging in a calling without notifying the insurer whilst also in receipt of compensation across two separate claims.
Facts	During his first claim for compensation, the worker started working as a roofer for from on or about 9 October 2017 and did not declare this work to the insurer in accordance with his obligation under section 136. The worker also denied that he was working to his treating medical specialist on 19 October 2017. Additionally, on 25 October 2017, the worker allowed a medical certificate to be provided to the insurer on his behalf by his General Practitioner which he knew contained false or misleading information as to his capacity for work. Less than one month after the worker’s first claim ended, on 21 November 2017, he lodged a second claim for compensation. Much like the first claim, the worker returned to work with a new employer whilst in receipt of compensation and did not tell WorkCover that he had commenced employment with from on or about 23 July 2018. By virtue of his engagement in a calling and failure to notify the insurer under section 136 of the Act without reasonable excuse, the defendant is deemed to have committed a fraud. The matter was listed for trial, however, the worker pleaded guilty to all six charges the day prior.
Penalty	Fraud (x2) – section 533/535: 6 months imprisonment, wholly suspended for an operational period of 18 months Fail to notify of engagement in a calling (x2) – section136: Convicted and not further punished Giving false or misleading information (x2) – section 534: 3 months imprisonment wholly suspended for an operational period of 18 months The Court ordered that the terms of imprisonment be served concurrently.
Restitution	$9,665.77
Costs	$20,821.10
Common Law rights extinguished?	Yes
Conviction	Recorded
Consideration for Prevention	A worker must disclose any work undertaken during their claim and must not make any false or misleading statements about their capacity for work or employment status whilst in receipt of compensation.