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Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

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ACCIDENT COMPENSATION PROSECUTIONS<br />

ST BENEDICT’S PRIVATE NURSING HOME PTY LTD<br />

Date of offence: 3 November 2003<br />

Date of prosecution:<br />

Magistrate:<br />

Plea:<br />

4 April <strong>2005</strong> at Melbourne Magistrates’ Court<br />

Her Honour Magistrate Patrick<br />

Guilty<br />

The worker, a registered nurse, was employed by the defendant company. In June 2003, she<br />

lodged a WorkCover claim which was subsequently accepted. After some time, she recovered to a<br />

level whereby she had a current work capacity and was able to perform most but not all of her<br />

pre-injury duties. The defendant initially provided the worker with suitable employment for about<br />

two months but then forced the worker to take annual leave and then refused to provide further<br />

suitable employment.<br />

Breach: Section 242(1) of the Accident Compensation Act 1985.<br />

Result: Without conviction fined $4,000 plus $1,000 costs.<br />

STAR TRACK EXPRESS PTY LTD<br />

Date of offence: 18 July to 1 December 2003<br />

Date of prosecution:<br />

Magistrate:<br />

Plea:<br />

5 August <strong>2005</strong> at Broadmeadows Magistrates’ Court<br />

His Honour Magistrate Jones<br />

Guilty<br />

Four WorkCover claims by employees of the defendant company were identified as having been<br />

forwarded outside the prescribed period. The claims varied between 40 to 134 days late. There was<br />

no evidence that any of the claimants suffered any actual prejudice or disadvantage.<br />

Breach: Section 242(4)(b) (four charges) of the Accident Compensation Act 1985.<br />

Result: Without conviction fined $500 plus $1,000 costs.<br />

PROSECUTIONS <strong>2005</strong><br />

101

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