Workers Compensation Act 1951

An employer commits an offence if—

a worker engaged by the employer is a participant in the LTCS scheme in relation to a workplace injury; and

the LTCS commissioner gives the employer a copy of the assessment of the worker’s treatment and care needs for the workplace injury under the LTCS Act, section 23 (Assessment of participant’s treatment and care needs); and

under the assessment, the employer is required to provide a service to assist the worker’s return to work; and

the employer fails to provide the service.

Assessed treatment and care needs—see the LTCS Act, s 29.

It is a defence to a prosecution for an offence against subsection (1) (d) if the defendant proves that the defendant had a reasonable excuse for failing to provide the service.

The defendant has a legal burden in relation to the matters mentioned in s (2) (see Criminal Code, s 59).