Queensland Consolidated Acts

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WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 583

Evidence

583 Evidence

(1) The Regulator may issue certificates for subsection (2) .
(2) A certificate stating the following matters is evidence of the matters in any proceeding about anything arising under this Act—
(a) that commission of an offence against this Act came to the knowledge of the Regulator or delegate issuing the certificate on a specified date;
(b) that an address to which any notice or other document was sent by post to any person is that person’s place of business, place of residence or postal address last known to the Regulator or self-insurer;
(c) that a worker has a specified DPI;
(d) that a worker has a specified DPI establishing the worker’s access to damages;
(e) that a specified amount is due and payable to a self-insurer and unpaid by a specified person for an overpayment of compensation;
(f) that a specified amount is due and payable on account of an amount paid by a self-insurer to, or on account of, a specified person;
(g) that a specified amount was paid by a self-insurer to or on account of a specified person for a specified matter, date or purpose.
(3) WorkCover’s chief executive officer may issue certificates for subsection (4) .
(4) A certificate stating the following matters is evidence of the matters in any proceeding about anything arising under this Act—
(a) that—
(i) notice of acceptance of a risk, or of assessment or reassessment of a premium, was duly sent on a specified date to a specified person; and
(ii) a specified amount of premium was demanded by the notice;
(b) that—
(i) a default assessment, or a decision on an objection made to a default assessment, was duly made; and
(ii) notice of the assessment or decision was duly sent on a specified date to a specified person at an address that is the person’s place of business, place of residence or postal address last known to WorkCover; and
(iii) a specified amount of premium was demanded by the notice of default assessment, or of decision on objection;
(c) that commission of an offence against this Act came to the knowledge of WorkCover’s chief executive officer or delegate issuing the certificate on a specified date;
(d) that an address to which any notice or other document was sent by post to any person is that person’s place of business, place of residence or postal address last known to WorkCover;
(e) that a worker has a specified DPI;
(f) that a worker has a specified DPI establishing the worker’s access to damages;
(g) that no objection has been received from a specified person against a default assessment within 15 business days after notice of the assessment was given to the person;
(h) that a specified amount is due and payable to WorkCover and unpaid by a specified person for a premium or a charge;
(i) that a specified amount is due and payable to WorkCover and unpaid by a specified person for an overpayment of compensation;
(j) that a specified person who is stated in the certificate to be an employer has contravened section 48 , and how the person has contravened the section;
(k) that a specified amount is due and payable to WorkCover and unpaid by a specified person who is stated in the certificate to be an employer who has contravened section 48 in relation to a specified person;
(l) that a specified amount is due and payable on account of an amount paid by WorkCover to, or on account of, a specified person;
(m) that a specified amount was paid by WorkCover to or on account of a specified person for a specified matter, date or purpose.
(5) A document purporting to be a certificate under this Act is admissible as the certificate it purports to be in any proceeding about anything arising under this Act.
(6) A statement in a complaint for an offence against this Act of any of the following is evidence of the matter stated—
(a) that the person making the complaint is authorised to do so;
(b) that the matter of the complaint came to the knowledge of the complainant or the Regulator or WorkCover’s chief executive officer on a specified day.
(7) Evidence that an insurer has received an application for compensation is evidence in any proceeding about anything arising under this Act that the application was lodged by the person named in the application as the applicant on the day it was received by the insurer.



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