Duty and liability of certain officers of WorkCover
417 Duty and liability of certain officers of WorkCover
A WorkCover officer must act honestly in the exercise of powers, and discharge of functions, as a WorkCover officer.
Maximum penalty—
if the contravention is committed with intent to deceive or defraud WorkCover, WorkCover’s creditors or creditors of another person or for another fraudulent purpose—500 penalty units or 5 years imprisonment; or
in any other case—100 penalty units.
In the exercise of powers and the discharge of functions, a WorkCover officer must exercise the degree of care and diligence that a reasonable person in a like position within WorkCover would exercise.
Maximum penalty—100 penalty units.
A person who is, or was, a WorkCover officer must not make improper use of information acquired because of the person’s position as a WorkCover officer—
to gain, directly or indirectly, an advantage for the person or for another person; or
to cause detriment to WorkCover.
Maximum penalty—500 penalty units or 5 years imprisonment.
A WorkCover officer must not make improper use of the officer’s position as a WorkCover officer—
to gain, directly or indirectly, an advantage for the officer or another person; or
to cause detriment to WorkCover.
Maximum penalty—500 penalty units or 5 years imprisonment.
If a person contravenes this section in relation to WorkCover, WorkCover may recover from the person as a debt due to WorkCover—
if the person or another person made a profit because of the contravention—an amount equal to the profit; and
if WorkCover suffered loss or damage because of the contravention—an amount equal to the loss or damage.
An amount may be recovered from the person whether or not the person has been convicted of an offence in relation to the contravention.
Subsection (5) is in addition to, and does not limit, the Criminal Proceeds Confiscation Act 2002.
In deciding for subsection (2) the degree of care and diligence that a reasonable person in a like position within WorkCover would exercise, regard must be had to—
the fact that the person is a WorkCover officer; and
the application of this Act to WorkCover; and
relevant matters required or permitted to be done under this Act in relation to WorkCover;
including, for example—
any relevant community service obligations of WorkCover; and
any relevant directions, notifications or approvals given to WorkCover by the Minister.
Subsection (8) does not limit the matters to which regard may be had for the purposes of subsection (2).
In this section—
WorkCover officer means—
a WorkCover director; or
WorkCover’s chief executive officer; or
another person who is concerned, or takes part, in WorkCover’s management.
This Act’s bill:Explanatory memorandum
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