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S308 Offence To Mislead Corporation I propose legislative change

#1 User is offline   Alan Thomas 

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Posted 14 August 2007 - 02:24 PM

S308 appears to be one-sided.

There is nothing to stop the ACC misleading itself so as to have the purpose of reducing claimants lawful and entitlements.

Section 2 should serve to protect claimants against private investigators producing false information or receiving false information from third parties. We should also be protected from occupational and medical assessors reducing information "not known to be true". This occurred to me while watching to lawyers presenting endless guesswork to a judge yesterday whereupon the judge the seasoned by many years of presentations of such guesswork was relying upon his own understanding with the result that the outcome cannot have any resemblance to fact.

308 Offence to mislead Corporation

(1) A person commits an offence who, for the purpose described in subsection (2) or with the result described in subsection (3),ó
(a) makes any statement knowing it to be false in any material particular; or
(B) wilfully does or says anything, or omits to do or say anything, for the purpose of misleading or attempting to mislead the Corporation or any other person concerned in the administration of this Act.
(2) The purpose isó
(a) for that person to receive or continue to receive any payment or entitlement; or
(B) for another person to receive or continue to receive any payment or entitlement.
(3) The result isó
(a) that that person receives or continues to receive any payment or entitlement, whether or not entitled to it under this Act; or
(B) that another person receives or continues to receive any payment or entitlement, whether or not entitled to it under this Act.
(4) A person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $5,000.

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#2 User is offline   doppelganger 

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Posted 14 August 2007 - 05:32 PM

I get you point in that it also should includes removes entitlement.
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#3 User is offline   jocko 

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Posted 22 August 2007 - 08:53 AM

It must be possible to charge case mangers with misleading the corporation otherwise the penalties would not be so low. 3 months jail or 5k. Hmmmmmmmm? How come the fraud cases who mislead the corporation get a couple of years???

I wonder if the judges are out of line and exceeding the penalties. I have always maintained all fraud charges are falsely laid and and illegal because the claimants review rights are ignored. Any decision on the claim is open to review. So if ACC decides to lay fraud charges that is a decision on the claim. They should also be charged under sec308 one would think. So ACC is contracting out of the act when it fails to apply sec308 and goes to criminal law.
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