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5.3.5 Employer obligations - penalty units

Employer offence Detail Penalty Units
Notification of entitlement to pension or lump sum payments If an employer of a worker claiming weekly payments is or becomes aware that the worker is or may be, entitled to a pension or a lump sum amount, the employer must advise the Authority.

40 units

60 units (WIRC Act)

Failure to keep an injuries register

An employer must keep a register of injuries.

On receiving notice of an injury (otherwise than as specified in s18(3)) an employer must cause the specified particulars of the injury to be entered in the register.


For each offence:

60 units for natural person

300 units for body corporate

Failure to forward claims punctually

 

An employer must forward any claim for compensation in the form of weekly payments, and any medical certificate relating to that claim, to the Agent within 10 calendar days of receipt.


For each offence:

40 units for natural person

240 units for body corporate

60 units for natural person (WIRC Act)

300 units for body corporate (WIRC Act)

 

An employer must forward a claim for medical and like expenses to their Agent who does not exceed the employer's liability under the employer's excess at such intervals and dates determined by the Authority.

Failure to punctually provide early notification of a claim which includes a mental injury

Note: This obligation commences on 1 July 2021

Penalty provisions commence on 1 January 2022

In addition to any requirement to forward a claim or medical certificate under section 73(1), an employer, within 3 business days after the employer receives a claim for compensation in respect of a mental injury, must notify the Authority of that claim.

For each offence:

60 units for natural person

300 units for body corporate

Failure to pay weekly payments An employer pay weekly payments of compensation before the expiry of seven days after the end of the week in respect of which it is payable or if the worker would be paid less frequently if the worker were at work, at such time as the worker would be paid for that work.

60 units for natural person

300 units for body corporate

Failure to provide suitable or pre-injury employment

An employer must, to the extent that it is reasonable to do so, provide suitable employment if the worker has a current work capacity and pre-injury employment if the worker no longer has an incapacity for work. This obligation is for the duration of the employment obligation period.

(For claims given served or lodged prior to 1 July 2010, the 12 month period continues to be calculated in accordance with the repealed Part VI of the Accident Compensation Act)


180 units for natural person

900 units for body corporate

Failure to plan a worker’s return to work An employer must, to the extent that it is reasonable to do so, plan the RTW of a worker from the date the employer knows or ought reasonably to have known of the worker's incapacity for work (whichever is the earlier date). The start of this obligation is the same as the start of the employment obligation period to provide employment.

120 units for natural person

600 units for body corporate

Failure to consult on a worker’s return to work An employer must, to the extent that it is reasonable to do so, consult about the return to work of a worker with the worker, the worker's THP (subject to the consent of the worker) and a provider of occupational rehabilitation services.

120 units for natural person

600 units for body corporate

Failure to appoint a RTW Coordinator that is appropriately senior and competent

An employer must nominate a RTW Coordinator who has an appropriate level of seniority and is competent to assist them meet their obligations.

For employers with remuneration of $2,518,510 (annually indexed) or more they must have a RTW Coordinator at all times.

For employers with remuneration of less than $2,518,510 (annually indexed) they must have a RTW Coordinator from the commencement of the Employment Obligation Period.


120 units for natural person

600 units for body corporate

Failure to provide RTW Information to the employer’s workers

An employer must make the following information available to their workers:

  • the employer obligations and how they are meeting them
  • the rights and obligations of workers and how workers can obtain further information
  • the name and contact details of their Agent
  • the name and contact details of their RTW Coordinator (if applicable)
  • their RTW issue resolution procedure.

120 units for natural person

600 units for body corporate

Failure to comply with a direction of the Authority An employer must comply with a direction of the Authority to use the services of an approved provider of OR services to advise and assist the employer about the employer's RTW obligations.

120 units for natural person

600 units for body corporate

RTW improvement notice An employer to whom a RTW improvement notice is issued must comply with the RTW improvement notice.

120 units for natural person

600 units for body corporate

Employer must display RTW improvement notice An employer to whom a RTW improvement notice is issued must as soon as possible, if the RTW improvement notice relates to the employer's obligation to nominate a RTW Coordinator or to make RTW information available, display a copy of the notice in a prominent place at or near the workplace.

5 units for a natural person

25 units for a body corporate

Persons must assist inspector* A person must not, without reasonable excuse, refuse or fail to assist an inspector required to reasonably perform his or her functions or exercise his or her powers under this Act.

60 units for a natural person

300 units for a body corporate

Allowing a RTW inspector access to premises An employer or apparent employer or occupier or apparent occupier person must allow the RTW Inspector access to those premises for the purpose of exercising their power under the legislation.

60 units for a natural person

300 units for a body corporate

Offences about inspections*

 

A person must not intentionally:

  • hinder or obstruct a RTW inspector in the performance of their functions or exercise of their powers, or induce or attempt to induce any other person to do so
  • conceal from a RTW inspector the location or existence of any other person or thing or
  • prevent or attempt to prevent any other person from assisting a RTW inspector.


2 years Imprisonment or 240 units or both for a natural person

1200 units for a body corporate

 

A person must not assault, directly or indirectly intimidate or threaten, or attempt to intimidate or threaten, an inspector or a person assisting an inspector.


Offence to engage in discriminatory conduct

An employer or prospective employer must not engage in discriminatory conduct for a prohibited reason. Prohibited reasons include where the dominant reason is because the worker has:

  • given the employer or any other employer notice of an injury
  • taken steps to pursue a claim for compensation against the employer / another employer
  • given or attempted to give, a claim for compensation to the employer or any other employer, the Authority or a self-insurer
  • complied with a request made under the legislation.

240 units for a natural person

1200 units for a body corporate

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