Australian Capital Territory Numbered Acts

WORKERS COMPENSATION AMENDMENT ACT 2006 (NO. 4 OF 2006) - SECT 53

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204     Court-directed publicity for offences

If an employer is convicted or found guilty of an offence against this Act, the court may direct the employer to publish a statement in relation to the offence.

205     Publication by chief executive of convictions etc

    (1)     This section applies if a person, or a representative of a person, is convicted or found guilty of an offence against this Act and—

        (a)     the time for making an appeal against the conviction or finding of guilt ends without an appeal being made; or

        (b)     if an appeal is made against the conviction or finding of guilt—

              (i)     the conviction or finding is confirmed on appeal, and the time for making any further appeal in relation to the conviction or finding ends without an appeal being made; or

              (ii)         the appeal is withdrawn, struck out or discontinued or lapses; or

        (c)     if a retrial has been ordered—the time for making an appeal on the retrial ends in accordance with paragraph (a) or (b).

Note     For the meaning of found guilty , see the Legislation Act, dict, pt 1.

    (2)     The chief executive may publish the following information in relation to the conviction or finding of guilt in a way that the chief executive considers appropriate:

        (a)     particulars that allow the public to identify the person;

        (b)     details of the offence;

        (c)     the decision of the court and the penalty imposed on the person or a representative of the person (including the forfeiture of anything under this Act).

Examples of publication

1     a press release

2     an article in a document published by the Territory or a territory authority

3     an advertisement in a newspaper circulating generally in the ACT

Examples for par (a)

1     the employer's name and ACN (if any)

2     any name (and, if relevant, ACN) used in the past by the employer

3     the employer's current and previous business addresses

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (3)     If the conviction or finding of guilt is quashed or set aside on appeal, the information must not be published.

    (4)     If the penalty is changed on appeal, this section applies in relation to the penalty as changed.

    (5)     In this section:

"representative", of a person, means—

        (a)     if the person is an individual—an employee or agent of the person; or

        (b)     if the person is a corporation—an employee, agent or executive officer of the person.