Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

SECTION 2
RAYMOND GEORGE ROSS
Date of offence: 27 August 2004
Date of prosecution:
Magistrate:
Plea:
4 October 2005 at Sunshine Magistrates’ Court
His Honour Magistrate Jones
Guilty
The defendant was employed as a machine operator and in July 2001 suffered an injury. His
WorkCover claim was accepted and he commenced receiving weekly payments.
Investigations disclosed that between 29 July and 20 August 2004, the defendant was employed
and was carrying out pre-delivery cleaning of new coaches. On 27 August, he obtained from his
doctor a WorkCover Certificate of Capacity that certified he was totally unfit for all duties and
signed the declaration that he had not been engaged in any form of employment since his last
certificate was issued.
Breach: Section 249(1) of the Accident Compensation Act 1985.
Result: Without conviction adjourned undertaking (12 months) and ordered to pay $200 to the
Court Fund.
KIM NARELLE SCHROEDER
Date of offence: 14 October 1999
Date of prosecution:
Magistrate:
Plea:
17 June 2005 at Heidelberg Magistrates’ Court
Her Honour Magistrate Crowe
Not guilty
The defendant was employed as a sales person. On 3 February 1997, in the course of her
employment the defendant was injured in a motor vehicle accident. The defendant’s WorkCover
claim was accepted on 8 July 1997. Although initially incapacitated for all work, the defendant
eventually returned to work with her pre-injury employer on modified duties. She eventually left
her pre-injury employer, but continued to receive weekly compensation payments. The defendant’s
entitlement to weekly compensation payments was subsequently terminated around the beginning
of April 1999.
In August 1999, the defendant’s entitlement to weekly payments was reinstated and backdated to
the date of termination following an application to the Accident Compensation Conciliation Service.
The defendant continued to receive weekly payments until an investigation in late 2000 by the
Compliance Branch of the VWA discovered the defendant had returned to work in partnership as a
florist. The florist was registered as a business in March 1999.
Breach: Section 248 (31 charges) and section 249(1) (36 charges) of the Accident Compensation
Act 1985.
Result: Convicted and fined $5,000. Suspended sentence of imprisonment (six months,
suspended for two years) and ordered to pay compensation of $32,376.26 plus $35,340 costs.
100PROSECUTIONS 2005