Work Injury Compensation Act 2019 · 2020 Revised Edition · Part 3 · Work Injury Compensation Insurance
25. Offences by employer in relation to insurance
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An employer who contravenes section 24(1) shall be guilty of an offence and shall be liable on conviction —
employer
“employer” means any person (A) who employs an individual (B) under a contract of service and includes —(a)the Government, if B belongs to a class or description of employees of the Government declared to be employees for the purposes of this Act under paragraph (a) of the definition of “employee”;(b)the legal personal representative of A, if A is deceased;(c)a duly authorised agent or manager of A;(d)the person who owns or is carrying on, or for the time being is responsible for the management of, the profession, business, trade or work in which B is engaged; and(e)where B is employed for the purpose of any game or recreation and engaged or paid through a club, the manager or members of the managing committee of that club.
to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; or
if the person is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
A person is a repeat offender in relation to an offence under subsection (1) if the person who is convicted of an offence under that subsection has been convicted on at least one other earlier occasion of —
an offence under subsection (1);
an offence under section 34P(1); or
an offence under section 35(1)(b) of the repealed Act, whether the conviction was before, on or after 1 September 2020.
It is not a defence to a charge for an offence under subsection (1) that the employer did not know —
the number of employees employed by the employer, or the extent of the employer’s liability, that the employer must be insured against; (b)that any insurance policy entered into or maintained was not an approved employee insurance policy; or
that the insurer was not a designated employer’s insurer,unless the employer had taken all reasonable steps to ascertain those matters.
An employer who, for the purpose of defraying or partly defraying the cost of insurance required under section 24, makes any deduction from the earnings of an employee of the employer, shall be guilty of an offence and shall be liable on conviction —
earnings
“earnings” means all remuneration payable to an employee in respect of work done under the employee’s contract of service, and includes —(a)privileges or benefits capable of being estimated in money and productivity incentive payments;(b)the value of any food or quarters supplied to the employee by the employer, if as a result of the accident the employee is deprived of such food or quarters; and(c)overtime payments or other special remuneration for work done, whether by way of bonus, allowance or otherwise, if of constant character or for work habitually performed, but does not include the following amounts:(d)travelling allowances;(e)payments for any travelling concessions;(f)contributions paid by the employer towards any pension or provident fund for the employee;(g)payments to the employee to cover any special expenses incurred by the employee by reason of the nature of the employee’s employment;
to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; or
if the person is a repeat offender, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.
A person is a repeat offender in relation to an offence under subsection (4) if the person who is convicted of an offence under that subsection has been convicted on at least one other earlier occasion of —
an offence under subsection (4);
an offence under section 34P(4); or
an offence under section 35(1)(a) of the repealed Act, whether the conviction was before, on or after 1 September 2020.