Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

ACCIDENT COMPENSATION PROSECUTIONS
KATIE’S CLEANING SERVICES PTY LTD
Date of offence: 5 September 2002 to 18 March 2004
Date of prosecution:
Magistrate:
Plea:
15 September 2005 at Sunshine Magistrates’ Court
His Honour Magistrate Doherty
Guilty
The worker was employed as a cleaner with the defendant company. In May 2002, she lodged a
WorkCover claim which was subsequently accepted. Payments commenced in April 2002 and were
terminated in May 2004, after 104 weeks. In late 2003 the worker lodged a complaint with the VWA
that her employer was regularly delaying her payments and underpaying her.
Investigations revealed that between September 2002 and March 2004, 13 payments were either
late or underpaid.
Breach: Section 242(4)(c) of the Accident Compensation Act 1985.
Result: Convicted and fined $750.
JOHN STEWART KERR
Date of offence: 14 January 2000 to 31 December 2001
Date of prosecution:
Magistrate:
Plea:
2 August 2005 at Melbourne Magistrates’ Court
Her Honour Deputy Chief Magistrate Popovic
Guilty
A WorkCover claimant suffered multiple injuries in 1988 and required ongoing treatment from
various service providers. She took taxis to these treatment appointments and paid for the trips
using cab charge vouchers. From 1997 to 2001, she utilised the services of one taxi company. In
December 1999 the defendant became the claimant’s sole driver and insisted that the claimant presign
cab vouchers.
In January 2001 the claimant received a cheque by mistake from the insurer for over $3,000 as
payment for taxi services provided to her by the company that the defendant worked for. The
claimant discovered that the insurer had been billed for dates where she had not left her home and
immediately alerted the insurer. Investigations disclosed that the defendant had claimed $8,000
over a two-year period for trips that had not been made.
Breach: Section 81 of the Crimes Act 1958.
Result: Convicted. Suspended sentence of imprisonment (six months, wholly suspended for 12
months) and ordered to pay $8,000 compensation plus $572.60 costs.
PROSECUTIONS 2005
97