Company's 'failure to provide' results in $24,000 workers' comp fine
By Workers' Compensation Regulatory Services
15 May 2024
A South-East Queensland audio visual business was fined $24,000 after failing to comply with an investigator's requirement to provide documents.
The audio-visual business pleaded guilty to failing to provide documents required as part of an investigation into suspected workers' compensation fraud and the presiding Magistrate subsequently fined the business $24,000.
Further to the court ordered fine, the Magistrate ordered the business to pay costs of $4,500 to the Workers’ Compensation Regulator.
The workers’ compensation investigator was conducting an investigation into suspected workers’ compensation fraud when they came to believe that the audio-visual business had information that would assist with that investigation.
The investigator exercised their powers under the legislation and issued a formal notice requiring the documents. The business failed to provide the documents, despite being given numerous extensions.
In sentencing, the Magistrate noted the importance of inspectors and investigators being able to perform their role as the legislation intended. He commented that they are within their rights and have the necessary powers to request reasonable information, unhindered.
The Magistrate accepted the Prosecutor's submissions that it is important that recipients of such requirements comply in the first instance and that this upholds public confidence in the workers' compensation scheme.
The Magistrate stated that his decision to fine the business was an important deterrent measure to prevent other businesses from evading requirements under the legislation.
No conviction was recorded.
Quotes attributable to Executive Director, Workers' Compensation Regulatory Services, Janene Hillhouse:
"This outcome sends a strong message that lawful requirements issued by WCRS investigators cannot be ignored."
"In this case, the outcome is a reminder that people trying to flout the law will not succeed; and we’ll take all reasonable and proportionate compliance action necessary."
"The outcome of this case should serve as a serious deterrent for businesses that choose not to comply with notices issued by investigators."
Media contact: 0478 33 22 00 or oirmedia@oir.qld.gov.au