(1) This section applies if an employer contravenes section 48.
(2)
WorkCover may recover from the employer—
(a) the amount of unpaid premium
together with a penalty equal to 100% of the unpaid premium; and
(b) if
WorkCover has paid compensation or damages for an injury sustained by a worker
when the employer was in contravention of section 48in relation to the
worker—the amount of the payment made together with a penalty equal to 50%
of the payment.
(3) The employer may apply in writing to WorkCover to waive
or reduce the penalty because of extenuating circumstances.
(4) The
application must specify the extenuating circumstances and the reasons the
penalty should be waived or reduced in the particular case.
(5) WorkCover
must consider the application and may—
(a) waive or reduce the penalty; or
(b) refuse to waive or reduce the penalty.
(6) If the employer is aggrieved
by WorkCover’s decision, the employer may have the decision reviewed under
chapter 13 .
