Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 579

579 Summary proceedings for offences other than against ch 8

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

(1A) 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—

(a) the Regulator; or

(b) a person authorised for the purpose by the Regulator; or

(c) the Attorney-General.

(2) 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—

(a) the Regulator or WorkCover; or

(b) a person authorised for the purpose by the Regulator or WorkCover; or

(c) the Attorney-General.

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

(a) within 1 year after the commission of the offence; or

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

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

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

whichever is the later.

(3A) A proceeding for a claim farming offence must start within the later of—

(a) 2 years after the commission of the offence; or

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

(4) All penalties recovered under a proceeding are to be paid—

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

(b) if a proceeding was brought by WorkCover—to WorkCover.

(5) 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 .

(6) In this section—

"claim farming offence" means an offence against chapter 6B .

"prescribed offence" means—

(a) an offence against section 486B (2) ; or

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

(c) an offence against section 136 connected with an offence against section 533 ; or

(d) a claim farming offence.