Senator Santo Santoro. Shares in “Senetas Corporation Limited”. “Police Checks for Aged Care Workers” performed by “Senetas Corporation Limited”.

Both the Fin and the Tele today covered NSW Workcover audits of small builders where their subcontractors were deemed to be employees and Notices for adjusted Premiums and fines issued winding up approx 516 businesses in less than six months. In almost every case the business in question was itself a subbie of the large construction companies such as Multiplex etc — in no case did WorkCover issue notices to the ultimate builder. My client was subjected to one of these audits and the auditor refused to accept documentary evidence that his subbies were independently insured. A number of small builders affected are looking at launching a “bad faith” class action against WorkCover. Bad faith insurance claims are big business in the US and many of these businesses have lost everything so damages will be substantial. Interestingly the WorkCover Board is only protected from personal liability under its constituent legislation in respect of actions done in good faith for the purposes of the Act

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Peter Fray
Peter Fray
Editor-in-chief of Crikey
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