Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

SECTION 2
WILLIAM WHYTE
Date of offence: 4 September 2002
Date of prosecution:
Magistrate:
Plea:
8 March 2005 at Moe Magistrates’ Court
Her Honour Magistrate Spooner
Guilty
In February 2002, William Whyte was employed as an electrician. He reported suffering an injury,
but was able to continue working. Between July and August 2002, he was issued with WorkCover
Certificates of Capacity certifying him fit for modified duties; and from August 2002, he was
issued with a WorkCover Certificate of Capacity certifying him unfit for work. In August 2002, the
defendant lodged a WorkCover claim which was accepted and he commenced receiving weekly
compensation payments.
An investigation revealed that the defendant was the director of a business and that he worked as a
crowd controller for two days in October 2002 and two days in December 2002. Since August 2002,
the defendant had declared that he had not been engaged in any form of employment.
Breach: Section 248 (six charges) and section 249(1) (six charges) of the Accident Compensation
Act 1985.
Result: Without conviction adjourned undertaking (12 months) and ordered to pay $4,542
compensation plus $400 costs and $1,200 to the Court Fund.
WINDSOR HOTELS (AUSTRALIA) PTY LTD
Date of alleged offence: 22 July 2003
Date of prosecution:
Magistrate:
Plea:
7 September 2005 at Melbourne Magistrates’ Court
His Honour Magistrate Hodgens
Not Guilty
An employee of the defendant submitted a WorkCover claim on 10 June 2003. The claim was
rejected. On 20 July 2003 the claimant lodged a Request for Conciliation. On 22 July the defendant
summarily dismissed the claimant.
Breach: Section 242(3)(b)(i); section 242(3)(b)(ii); and section 242(3)(b)(iii) of the Accident
Compensation Act 1985.
Result: Charges dismissed.
104PROSECUTIONS 2005