Workers’ Compensation and Rehabilitation Act 2003

Unless otherwise stated in a code of practice made under section 486A, the code of practice does not state all that a person must do, or must not do, to perform the person’s functions, exercise the person’s powers, or comply with the person’s obligations under this Act.

A person to whom a code of practice made under section 486A applies must take the action stated in the code for performing the person’s functions, exercising the person’s powers, or complying with the person’s obligations, under this Act.

for an offence committed in the capacity of an insurer—1,000 penalty units; or

for an offence committed in the capacity of an employer—500 penalty units; or

in any other case—300 penalty units.

Subsection (2) does not apply if the failure to take action stated in the code of practice constitutes an offence against another provision of this Act.

Subsection (5) applies in relation to a prosecution for—

an offence against subsection (2); or

an offence against another provision of this Act that is constituted by a failure to take action stated in a code of practice.

It is a defence for the defendant to prove that the defendant took action that is as effective as, or more effective than, the action stated in the code of practice.