Australian Capital Territory Current Acts

WORKERS COMPENSATION ACT 1951 - SECT 142A

    (1)     An employer commits an offence if—

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

        (b)     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

        (c)     under the assessment, the employer is required to provide a service to assist the worker's return to work; and

        (d)     the employer fails to provide the service.

Maximum penalty: 50 penalty units.

Note     Assessed treatment and care needs —see the LTCS Act

, s 29.

"LTCS scheme"—see the LTCS Act

, dictionary.

"Participant", in the LTCS scheme—see the LTCS Act

, dictionary.

    (2)     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.

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

, s 59).