Hervey Bay, 13 February 2023
| Date |
16 August 2021 13 February 2023 |
|---|---|
| Charges |
Section 51 – Failing to hold an insurance policy Section 534 – False or misleading information |
| Court | Hervey Bay Magistrates Court |
| Plea | Guilty |
| Case | Providing false or misleading information about working to the insurer and failing to hold an insurance policy for her employee. |
| Facts | On 22 January 2019, the worker lodged a compensation claim for a work injury. On 31 January 2019, the worker told the insurer that she had a business and she ‘just worked as needed’. That claim was accepted but closed shortly afterwards as she failed to provide medical certificates. It was reopened on 27 April 2019 for secondary psychological injuries. Throughout the reopened claim, the worker maintained that she was not working in her business and her employee was doing all the work. Surveillance was undertaken and showed the worker carrying out her business activities. The worker pleaded guilty to failing to hold an insurance policy in relation to her employee. After a series of negotiations, she later also pleaded guilty to providing the insurer with false or misleading information in relation to her own work in the business. |
| Penalty | The worker was sentenced to a 12 month good behaviour bond for the false or misleading information charge, and fined $750 in relation to the failure to insure. |
| Restitution | Nil |
| Costs | $5,000 - Workers' Compensation Regulators Costs |
| Common Law rights extinguished? | N/A |
| Conviction | Not recorded |
| Consideration for Prevention | A worker must be honest about their capacity for, and engagement in, any type of work whether paid or unpaid. |