Workers’ Compensation and Rehabilitation Act 2003

This section applies if an employer contravenes section 48.

WorkCover may recover from the employer—

the amount of unpaid premium together with a penalty equal to 100% of the unpaid premium; and

if WorkCover has paid compensation or damages for an injury sustained by a worker when the employer was in contravention of section 48 in relation to the worker—the amount of the payment made together with a penalty equal to 50% of the payment.

The employer may apply in writing to WorkCover to waive or reduce the penalty because of extenuating circumstances.

The application must specify the extenuating circumstances and the reasons the penalty should be waived or reduced in the particular case.

WorkCover must consider the application and may—

waive or reduce the penalty; or

refuse to waive or reduce the penalty.

If the employer is aggrieved by WorkCover’s decision, the employer may have the decision reviewed under chapter 13.

In this section—