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Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

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ACCIDENT COMPENSATION PROSECUTIONS<br />

JOHN EDWIN ARNOTT<br />

Date of offence: 7 February to 9 December 2003<br />

Date of prosecution:<br />

Magistrate:<br />

Plea:<br />

21 April <strong>2005</strong> at Frankston Magistrates’ Court<br />

His Honour Magistrate Crisp<br />

Guilty<br />

The defendant was employed as a plumber and in August 1995 he lodged a WorkCover claim which<br />

was subsequently accepted. He received weekly compensation payments until he returned to work<br />

in October that year.<br />

In June 2002, the defendant suffered a recurrence of his injury. His claim for weekly payments was<br />

again accepted and payments resumed. A subsequent investigation revealed that the defendant was<br />

working as a self-employed plumber during this period.<br />

Breach: Section 248 of the Accident Compensation Act 1985.<br />

Result: Without conviction fined $750.<br />

CALYPSO HAULAGE PTY LTD<br />

Date of offence: 21 January to 14 July 2003<br />

Date of prosecution:<br />

Magistrate:<br />

Plea:<br />

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

Her Honour Magistrate Fleming<br />

Guilty<br />

A WorkCover claim by an employee of the defendant was identified as having been forwarded<br />

outside the prescribed period. The claim was forwarded almost 43 days late. In addition, the<br />

defendant failed to make nine weekly payments in accordance with section 114D(6) of the Accident<br />

Compensation Act 1985.<br />

The worker was eventually made a direct payee. On this occasion the worker was significantly<br />

inconvenienced by the delay.<br />

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

Result: Without conviction fined $6,000.<br />

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

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