2.8.5 Offences under legislation


2.8.5.1 Offences relating to any person/organisation | 2.8.5.2 Offences by employers relating to claims | 2.8.5.3 Offences about employer levy/premium | 2.8.5.4 Offences relating to service providers | 2.8.5.5 Offences by authorised Agents, self-insurers, contractors & employees of WorkSafe


2.8.5.1 Offences relating to any person/organisation

Disputes and conciliation
Section of WIRC Act Prosecution time limit Offence description
s292 1 year Person makes a false or misleading statement in connection with a matter referred to the Conciliation Service.
s295 1 year An offence for any person to fail to comply with the directions of a Conciliation Officer.
RTW inspectors
Section of WIRC Act Prosecution time limit Offence description
s292 1 year – or at any time with the authority of the DPP Refusing or failing to provide assistance to RTW inspector.
s143(2) 1 year – or at any time with the authority of the DPP Refusing access to premises to a person assisting a RTW inspector.
s146(a) 1 year – or at any time with the authority of the DPP Intentionally hindering or obstructing RTW inspector.
S146(b) 1 year – or at any time with the authority of the DPP Intentionally concealing a person or thing from a RTW inspector.
s146(c) 1 year – or at any time with the authority of the DPP Intentionally preventing or attempting to prevent a person from assisting a RTW inspector.
s147 1 year – or at any time with the authority of the DPP Assaulting, intimidating or threatening or attempting to assault, threaten or intimidate a RTW inspector or a person assisting a RTW inspector.
s148 1 year – or at any time with the authority of the DPP Impersonating a RTW inspector.
Search warrants
Section of WIRC Act Prosecution time limit Offence description
s558(8) 1 year Obstructing or hindering a person in the execution of a warrant.
s558(9) 1 year Refusing to permit a search or seizure authorised under a warrant.
s558(10) 1 year Assaulting or attempting to assault a person in the execution of a warrant.
Access to information
Section of WIRC Act Prosecution time limit Offence description
s554(1) 1 year Obstructing or hindering a person exercising powers under s239 or s240
s554(2) 1 year Refusing or failing to comply with a requirement made under s239 or s240.
s554(3) 1 year Assaulting, intimidating or threatening or attempting to assault, threaten or intimidate a person exercising powers under s239 or s240.
Fraud
Section of WIRC Act Prosecution time limit Offence description
s581(1) 3 years

An offence to fraudulently obtain payments.

An offence to assist another to fraudulently obtain payments.

False or misleading information
Section of WIRC Act Prosecution time limit Offence description
s583(2) 3 years

Using information provided by a service provider knowing it to be false.

Bribery
Section of WIRC Act Prosecution time limit Offence description
s582(2) 1 year

Offence for a person to provide, offer or give any money, property or benefit, to any person in order for a person employed in the administration of this Act.

False or misleading statements
Section of WIRC Act Prosecution time limit Offence description
s584(1) 3 years Knowingly make a false statement or suggest that an employer make a false statement relating to premium.
s584(2) 3 years

Knowingly omit or advise an employer to omit material information relating to premium.

False information
Section of WIRC Act Prosecution time limit Offence description
s585(1) 3 years A person must not orally or in writing provide false or misleading information.
s583(2) 3 years A person must not knowingly make a false statement.
Obstructing officers
Section of WIRC Act Prosecution time limit Offence description
s589 1 year Offence to obstruct or hinder a person in the administration of the Act.

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2.8.5.2 Offences by employers relating to claims

Section of WIRC Act Prosecution time limit Offence description
s552 1 year

Employer or suspected employer failing to comply with notice to provide information.

Register of injuries
Section of WIRC Act Prosecution time limit Offence description
s17(1) (a)&(b) 1 year Employer failing to keep register of injuries.
s17(3) 1 year Employer failing to enter particulars of injury into register of injuries.
Responsibilities of employers
Section of WIRC Act Prosecution time limit Offence description
s73(1) 3 years Employer failing to accept or reject or forward a claim within 10 days of receiving it or a Certificate of Capacity. Employer to forward any forms as required by WorkSafe.
s73(2)(a) 3 years Employer failing to forward return of claims within employer’s excess.
Payment of weekly payments
Section of WIRC Act Prosecution time limit Offence description
s179(3) (a)&(b) 3 years

Employer failing to make weekly payments within prescribed timelines.

Non WorkCover employees
Section of WIRC Act Prosecution time limit Offence description
s428 1 year Non-WorkCover employer failing to comply with Part VIA.
Employer RTW obligations
Section of WIRC Act Prosecution time limit Offence description
s103(1) 3 years – or at any time with the authority of the DPP An employer must provide suitable employment to either a worker who is no longer incapacitated or suitable employment to a partially incapacitated worker.
s104(1) 1 year – or at any time with the authority of the DPP Employer failing to plan return to work.
s105(1) 1 year – or at any time with the authority of the DPP Employer failing to consult about return to work.
s106(6) 1 year – or at any time with the authority of the DPP Employer failing to nominate return to work coordinator.
s107(1) 1 year – or at any time with the authority of the DPP Employer failing to make return to work information available.
s197(2) 1 year – or at any time with the authority of the DPP Employer failing to consult with workers about how to make return to work information available.
s108 3 years – or at any time with the authority of the DPP Employer to notify WorkSafe of return to work of worker or a change in weekly earnings of worker.
s109(2) 1 year – or at any time with the authority of the DPP Host employer failing to cooperate with labour hire employer about return to work.
General RTW provisions
Section of WIRC Act Prosecution time limit Offence description
s120(2) 1 year – or at any time with the authority of the DPP Employer failing to comply with direction to use approved occupational rehabilitation provider.
RTW inspectors
Section of WIRC Act Prosecution time limit Offence description
s134(2) 1 year – or at any time with the authority of the DPP Refusing or failing to comply with a requirement made by RTW inspector.
s136(4) 1 year – or at any time with the authority of the DPP Employer failing to comply with RTW improvement notice.
s139(2) 1 year – or at any time with the authority of the DPP Employer failing to display RTW notice.
Discriminatory conduct
Section of WIRC Act Prosecution time limit Offence description
s575(1) 3 years Employer engaging in discriminatory conduct for a prohibited reason.

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2.8.5.3 Offences about employer levy/premium

Liability and indemnity
Section of WIRC Act Prosecution time limit Offence description
s71 3 years An employer must obtain and keep in force a policy of insurance.
Rateable remuneration
Section of WIRC Act Prosecution time limit Offence description
s439 1 year An employer must within 28 days of receiving a notice from an authorised Agent or after application for a policy of insurance, supply estimated details of rateable remuneration (post 30/6/93).
s443 (1)&(2) 1 year An employer who becomes aware that changes in circumstances will increase their remuneration by 20% or more than they estimated must advise the authorised Agent (post 30/6/93).
s442(1) 1 year An employer must produce a certified statement of remuneration within 28 days after the authorised Agent requires it. WorkSafe may require an employer who does not hold an insurance policy to provide a certified statement of remuneration within 28 days (post 30/6/93). Failure commits the offence.
Registration
Section of WIRC Act Prosecution time limit Offence description
s438(1) 1 year A person who has or did have a policy of insurance must keep proper books and preserve them for not less than five years after the last transaction (post 30/6/93).

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2.8.5.4 Offences relating to service providers

Section of WIRC Act Prosecution time limit Offence description
s583(1) 3 years A provider of a professional service must not provide false or misleading information if they know it to be false or misleading.

2.8.5.5 Offences by authorised Agents, self-insurers, contractors & employees of WorkSafe

Approved as self-insurer
Section of WIRC Act Prosecution time limit Offence description
s384(5) 1 year Self-insurer failing to give notice of circumstances specified is ss(2), (3) (b), 7(4).
Contributions to WorkCover Authority Fund
Section of WIRC Act Prosecution time limit Offence description
s389(2) 1 year A self-insurer who fails to submit a return.
s389(3) 1 year A self-insurer submitting return containing false material particulars.
Employer ceases to be a self-insurer
Section of WIRC Act Prosecution time limit Offence description
s403(4) 1 year Employer, ceasing to be a self-insurer, failing to give WorkSafe tail claims for information.
s407 (3)&(4) 1 year Employer, ceasing to be a self-insurer, contravenes ss(2) (ensuring a guarantee in place).
s409(2) 1 year Employer, being a subsidiary of a self-insurer and becoming a non-WorkCover employer, failing to give WorkCover tail claims information.
Secrecy
Section of WIRC Act Prosecution time limit Offence description
s412(3) 1 year Breach of secrecy provisions (self-insurer).
s595(1) 1 year An offence for a person who is or has been appointed at any time as an employee of WorkSafe or authorised to perform any function of WorkSafe shall not divulge information outside the official course of business.
Touting for claims
Section of WIRC Act Prosecution time limit Offence description
s561 1 year Agents engaging in prohibited conduct (breach of anti-touching provisions).
s563(1) 1 year Legal practitioners who acts for a person on a claim engaging in prohibited conduct.
s564(5) 1 year Legal practitioners failing to disclose on certificate that he/she knew or suspected an Agent engaging in prohibited conduct.
s566(3) 1 year Contravention of direction not to act for a person in relation to a claim or type of claim.
Bribery
Section of WIRC Act Prosecution time limit Offence description
s582(1) 3 years Offence for a person employed in the administration of this Act to ask for, receive or obtain or agree to receive or obtain any money property or benefit of any kind.

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