WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 421 Examination of persons concerned with WorkCover

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 421

421 Examination of persons concerned with WorkCover

(1) This section applies if it appears to the Attorney-General that—

(a) a person who has been concerned, or taken part, in WorkCover’s management, administration or affairs has been, or may have been, guilty of fraud, negligence, default, breach of trust or breach of duty or other misconduct in relation to WorkCover; or

(b) a person may be capable of giving information about WorkCover’s management, administration or affairs.

(2) The Attorney-General may apply to the Supreme Court or a District Court for an order under this section about the person.

(3) The court may order that the person attend before the court at a time and place fixed by the court to be examined on oath on anything about WorkCover’s management, administration or affairs.

(4) The examination of the person is to be held in public except so far as the court considers that, because of special circumstances, it is desirable to hold the examination in private.

(5) The court may give directions about—

(a) the matters to be inquired into at the examination; and

(b) the procedures to be followed at the examination, including, if the examination is to be held in private, the persons who may be present.

(6) The person must not fail, without reasonable excuse—

(a) to attend as required by the order; or

(b) to continue to attend as required by the court until the completion of the examination.

Penalty—

Maximum penalty—200 penalty units or 2 years imprisonment.

(7) The person must not fail to take an oath or make an affirmation at the examination.

Penalty—

Maximum penalty—200 penalty units or 2 years imprisonment.

(8) The person must not fail to answer a question that the person is directed by the court to answer.

Penalty—

Maximum penalty—200 penalty units or 2 years imprisonment.

(9) The person may be directed by the court, in the order or by subsequent direction, to produce any document in the person’s possession, or under the person’s control, relevant to the matters on which the person is to be, or is being, examined.

(10) The person must not, without reasonable excuse, contravene a direction under subsection (9) .

Penalty—

Maximum penalty—200 penalty units or 2 years imprisonment.

(11) If the court directs the person to produce a document and the person has a lien on the document, the production of the document does not prejudice the lien.

(12) The person must not knowingly make a statement at the examination that is false or misleading in a material particular.

Penalty—

Maximum penalty—500 penalty units or 5 years imprisonment.

(13) The person is not excused from answering a question put to the person at the examination on the ground that the answer might tend to incriminate the person or make the person liable to a penalty.

(14) If—

(a) before answering a question put to the person at the examination, the person claims that the answer might tend to incriminate the person or make the person liable to a penalty; and

(b) the answer might in fact tend to incriminate the person or make the person liable to a penalty;

the answer is not admissible in evidence against the person in—

(c) a criminal proceeding; or

(d) a proceeding for the imposition of a penalty;

other than a proceeding for an offence against this section or another proceeding in relation to the falsity of the answer.

(15) The court may order the questions put to the person and the answers given by the person at the examination to be recorded in writing and may require the person to sign the record.

(16) Subject to subsection (14) , any written record of the examination signed by the person, or any transcript of the examination that is authenticated by the signature of the examiner, may be used in evidence in any legal proceeding against the person.

(17) The person may, at the person’s own expense, employ counsel or a solicitor, and the counsel or solicitor may put to the person questions that the court considers just for the purpose of enabling the person to explain or qualify any answers given by the person.

(18) The court may adjourn the examination from time to time.

(19) If the court is satisfied that the order for the examination of the person was obtained without reasonable cause, the court may order the whole or any part of the costs incurred by the person be paid by the State.