sec.537Fraud and related offences end entitlement to compensation and damages

### sec.537 Fraud and related offences end entitlement to compensation and damages This section applies if a person is convicted of any of the following offences committed against an insurer in relation to an application for compensation or a claim for damages— an offence under section 533 ; an offence or an attempt to commit an offence under the Criminal Code , section 123 , 408C or 488 . Any entitlement the person may have to compensation or damages for the injury, and any existing claim for compensation or damages, ends. If, in the proceeding for the offence, the prosecution proves the person obtained payment of compensation or damages by the insurer, by conduct that is the offence, then, whether or not a penalty is imposed, the court must, on application by the insurer, order the person to repay the insurer all amounts of compensation or damages paid to or on account of the person as a result of the commission of the offence. The Regulator may represent WorkCover or the self-insurer for subsection (3) . An order made by a court under subsection (3) may be enforced as if it were an order made by a court in civil proceedings for a debt. Any costs incurred by an insurer in relation to a proceeding for damages to which subsection (3) applies are to be recovered on a solicitor and own client basis from the person convicted under section 533 . Subsection (2) does not apply to a person only because the person is taken under section 535 to have— attempted to defraud an insurer; or defrauded an insurer of an amount not more than the equivalent of 1 week of the person’s normal weekly earnings. s 537 amd 2008 No. 55 s 150 sch ; 2013 No. 52 s 97 (sec.537-ssec.1) This section applies if a person is convicted of any of the following offences committed against an insurer in relation to an application for compensation or a claim for damages— an offence under section 533 ; an offence or an attempt to commit an offence under the Criminal Code , section 123 , 408C or 488 . (sec.537-ssec.2) Any entitlement the person may have to compensation or damages for the injury, and any existing claim for compensation or damages, ends. (sec.537-ssec.3) If, in the proceeding for the offence, the prosecution proves the person obtained payment of compensation or damages by the insurer, by conduct that is the offence, then, whether or not a penalty is imposed, the court must, on application by the insurer, order the person to repay the insurer all amounts of compensation or damages paid to or on account of the person as a result of the commission of the offence. (sec.537-ssec.4) The Regulator may represent WorkCover or the self-insurer for subsection (3) . (sec.537-ssec.5) An order made by a court under subsection (3) may be enforced as if it were an order made by a court in civil proceedings for a debt. (sec.537-ssec.6) Any costs incurred by an insurer in relation to a proceeding for damages to which subsection (3) applies are to be recovered on a solicitor and own client basis from the person convicted under section 533 . (sec.537-ssec.7) Subsection (2) does not apply to a person only because the person is taken under section 535 to have— attempted to defraud an insurer; or defrauded an insurer of an amount not more than the equivalent of 1 week of the person’s normal weekly earnings. - (a) an offence under section 533 ; - (b) an offence or an attempt to commit an offence under the Criminal Code , section 123 , 408C or 488 . - (a) attempted to defraud an insurer; or - (b) defrauded an insurer of an amount not more than the equivalent of 1 week of the person’s normal weekly earnings.