Workers’ Compensation and Rehabilitation Act 2003

This section applies to a proceeding for an offence against this Act other than chapter 8.

A proceeding for a prescribed offence is to be taken in a summary way under the Justices Act 1886 before an industrial magistrate on the complaint of—

the Regulator; or

a person authorised for the purpose by the Regulator; or

the Attorney-General.

A proceeding for an offence other than a prescribed offence is to be taken in a summary way under the Justices Act 1886 before an industrial magistrate on the complaint of—

the Regulator or WorkCover; or

a person authorised for the purpose by the Regulator or WorkCover; or

the Attorney-General.

A proceeding, other than a proceeding for a claim farming offence, must start—

within 1 year after the commission of the offence; or

within 6 months after the commission of the offence comes to the knowledge of—

for a proceeding mentioned in subsection (1A)—the Regulator; or

for a proceeding mentioned in subsection (2)—the Regulator or WorkCover;

A proceeding for a claim farming offence must start within the later of—

2 years after the commission of the offence; or

6 months after the commission of the offence comes to the knowledge of the Regulator.

All penalties recovered under a proceeding are to be paid—

if a proceeding was brought by the Regulator—to the Regulator; or

if a proceeding was brought by WorkCover—to WorkCover.

A person aggrieved by a decision of the industrial magistrate in the proceeding may appeal against the decision to a District Court judge under the Justices Act 1886.

In this section—

an offence against section 486B(2); or

an offence against chapter 12, part 2, 3 or 4; or

an offence against section 136 connected with an offence against section 533; or

a claim farming offence.