2.10 Section 552 – Power to obtain Information and evidence
WorkSafe Victoria and its authorised Agents have the power to request and obtain information and evidence to assist with determination of liability or entitlement.
Information can be requested for the purpose of determining liability or entitlement in line with the applicable legislation (Accident Compensation Act 1985, Workers Compensation Act 1958, Workplace Injury Rehabilitation and Compensation Act 2013).
Information that can be requested includes:
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financial records from accountants to verify the worker’s declared earnings
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taxation documentation personal and/or business
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business records from a self-employed worker’s company or business partner
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records from the worker’s employer, including the worker’s personnel records, other operational records or applicable policies
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business records from service provider to verify claims for remuneration
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employment contract or documentation confirming salary, from current, new or previous employer
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superannuation / TPD benefit providers
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gig economy and contractor platforms (e.g. Uber, Stripe, Square, Amazon Flex, Airtasker, ServiceSeeking, hipages, CPV)
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Australia Business Records.
This list is not exhaustive and other persons or entities can be issued a notice under s552 to obtain the information required for individual circumstances.
A person must not, without reasonable excuse, refuse or fail to comply with a notice issued under the s552 powers. It is an offence to obstruct or hinder the request for information under s554.
WorkSafe exercises these powers for criminal or offence related matters, including suspected fraud, dishonesty or deliberate non-compliance. Information obtained is subject to evidentiary rules, privilege considerations, and protections against self incrimination. Criminal non compliance may constitute an offence and may lead to prosecution or conviction.
WorkSafe authorises Agents to exercise these powers for civil, administrative and entitlement decision making, where required. Failure to adhere to a notice, will result in a decision on liability or entitlement, based on the information the Agent has available to them.
See 3.9 Terminate or alter weekly payments