Centrelink Fraud

It is important to be aware that to establish a Centrelink offence, the prosecution will need to prove a number of factors beyond a reasonable doubt.

Depending on the specific charge, the factors may include that:

1. You engaged in specific conduct,
2. You obtained a financial advantage for yourself or another person, or caused a financial detriment, as a result of your conduct,
3. You knew or believed that you weren’t eligible to receive the advantage or were not authorised to cause the detriment, and
4. Your conduct was committed against a Commonwealth entity (such as Centrelink).

You must be found not guilty if the prosecution is unable to prove any of such ‘essential elements’ (ingredients) of the offence you are charged with to the required high standard.

Moving on to some of the more frequently prosecuted offences for alleged Centrelink fraud, the prosecution will need to prove as follows:

Section 134.1 Criminal Code Act 1995 (Cth) – Obtaining property by deception

1. You dishonestly obtained property belonging to another,
2. You did so by a deception,
3. You intended to permanently deprive the other of the property, and
4. The property belonged to a Commonwealth entity.

You are considered to have ‘obtained property’ if:

1. You received ownership, possession or control of it for yourself or another person,
2. You enabled ownership, possession or control to be retained by yourself,
3. You induced a third person to pass ownership, possession or control to another person, or
4. You induced a third person to enable another to retain ownership, possession or control of it

‘Deception’ means an intentional or reckless deception, whether by words or conduct, and whether as to fact or law, and includes:

1. A deception as to your intentions or that of another person, and
2. Conduct that causes a computer, machine or electronic device to make a response you are not authorised to cause.

An act may be ‘dishonest’ even if you intended to pay for it.

Section 134.2 Criminal Code Act 1995 (Cth) – Obtaining a financial advantage by deception

1. You dishonestly obtained a financial advantage from another,
2. You did so by a deception, and
3. The advantage was obtained from a Commonwealth entity.

Section 135.1(1) Criminal Code Act 1995 (Cth) – General dishonesty

1. You acted with the intention to obtain a gain from another,
2. You did so dishonestly, and
3. The other was a Commonwealth entity.

It is not necessary for the prosecution to prove that you knew the other was a Commonwealth entity.

Section 135.1(3) Criminal Code Act 1995 (Cth) – Dishonesty causing a loss

1. You acted with the intention of causing a loss to another,
2. You did so dishonestly, and
3. The other was a Commonwealth entity.

Again, it not necessary for the prosecution to prove that you knew the other was a Commonwealth entity.

Section 135.1(5) Criminal Code Act 1995 (Cth) – General dishonesty causing a loss

1. You caused a loss or created a risk of loss to another
2. You did so dishonestly
3. You knew or believed that a loss would occur, or that there was a substantial risk of a loss occurring, and
4. The loss or risk of loss was against a commonwealth entity

Once again, it not necessary for the prosecution to prove that you knew the other was a Commonwealth entity.

Section 135.2 Criminal Code Act 1995 (Cth) – Obtaining a financial advantage

1. You engaged in conduct that caused you or another to obtain a financial advantage,
2. You knew or believed that you or the other was not eligible to receive that financial advantage, and
3. The advantage was obtained from a Commonwealth entity.

The maximum penalties for the most common Centrelink offences are as follows:

• 10 years’ imprisonment for the offences of obtaining property or a financial advantage by deception (s134.1(1) and s134.2(1) of the Criminal Code),
• 10 years’ imprisonment for the offence of general dishonesty causing a loss (s135.1 (5) of the Criminal Code), and
• 12 months’ imprisonment for an offence of obtaining financial advantage (s135.2(1) of the Criminal Code).

It is important to bear in mind that these are maximums, and that the court has any of the following available to it:

• Section 10 Dismissal
• Conditional Release Order
• Fine
• Community Correction Order
• Intensive Correction Order
• Prison

Our knowledgeable experts can also help you raise a defence to explain your actions, for example:

• Where you were suffering from a mental illness at the time of the offence (mental illness)
• Where your conduct was necessary to prevent serious injury or danger (necessity)
• Where someone threatened or coerced you into committing fraud (duress)

From time to time we all make mistakes; however it can come as a shock to receive a ‘Notice of Overpayment’ from Centrelink, or a ‘Court Attendance Notice’ from the Commonwealth Director of Public Prosecutions for mistakenly reporting incorrect circumstances or income to Centrelink.

In other cases, Centrelink or the Department of Public Prosecutions may make a mistake by erroneously beginning proceedings against you in relation to alleged Centrelink fraud.

In these cases, you can choose to plead ‘not guilty’ and fight the charges.

To be found guilty of Centrelink fraud, there are two essential elements that the prosecution must prove beyond a reasonable doubt:

• That your actions or omissions allowed you to obtain a financial benefit from Centrelink
• That you knew that you were not eligible to receive those financial benefits

This means that in cases where you made an innocent mistake and received a payment or benefit that you otherwise would not have received, you will be found ‘not guilty’ of Centrelink fraud.

Our criminal defence team regularly represents clients in Centrelink fraud matters and can advise you of the steps you can take to protect your innocence.

Unlike other lawyers who may urge you to defend the matter in court, we always strive to have the charges dropped before a court date by writing to the prosecution and raising any issues with their case.

This means that many of our clients are spared the expense and inconvenience of attending court to fight the charges.

Should the prosecution refuse to drop the charges, we can assist you by presenting your side of the story in court, along with any evidence to show that your actions were unintentional.

Our knowledgeable expert fraud lawyers can also help you raise a defence to explain your actions, for example:

• Where you were suffering from a mental illness at the time of the offence (mental illness)
• Where your conduct was necessary to prevent serious injury or danger (necessity)
• Where someone threatened or coerced you into committing fraud (duress)

If you agree to the charges against you, you can elect to plead ‘guilty.’ You will then proceed to sentencing, which is where the court determines the penalty that you will receive.

In some cases, it may be beneficial for you to plead guilty to the charges as soon as possible, as it can result in a more favourable outcome in your case. This is because pleading guilty at an early stage in the proceedings will show the court that you are sorry for your actions.

If you’re thinking about pleading guilty to your Centrelink matter, you may be wondering what kind of penalties you could face.

The maximum sentences for the most common Centrelink offences are as follows:

• 10 years’ imprisonment for the offences of obtaining property or a financial advantage by deception (s134.1(1) and s134.2(1) of the Criminal Code),
• 10 years’ imprisonment for the offence of general dishonesty causing a loss (s135.1 (5) of the Criminal Code), and
• 12 months’ imprisonment for an offence of obtaining financial advantage (s135.2(1) of the Criminal Code).

It is important to bear in mind that these are maximums, and that the court has any of the following available to it:

• Section 10 Dismissal
• Conditional Release Order
• Fine
• Community Correction Order
• Intensive Correction Order
• Prison

What are the stages in a Centrelink Prosecution?

In many cases of alleged Centrelink fraud, the issues can be resolved at an early stage without having to go to court. There are several steps in a Centrelink prosecution before the matter reaches court:

1. Notice of Overpayment: This is the first stage in any matter involving a Centrelink overpayment. Centrelink will send you a letter stating that you have been received some benefit or payment that you are not entitled to. You will generally be asked to pay the money back within 28 days; however, if you are experiencing financial hardship, you may be able to arrange to repay the amount over a longer period of time. Alternatively, you can arrange for Centrelink to deduct amounts from your regular payments to repay the debt. They may also deduct money from your bank account. However, even if you repay the debt immediately, Centrelink may still begin an investigation against you where they believe that you have acted fraudulently.
2. Investigation: If you’ve received a substantial overpayment, or where Centrelink believes that you intentionally committed fraud, it may begin an investigation into the matter. This may occur even if you respond to the Notice of Repayment by repaying the money. Centrelink has broad powers to obtain information about you from various sources, such as your employer, your bank and the Tax Office, however they will not be able to obtain money from your lawyer.
3. Interview: If you are being investigated by Centrelink, they may ask you to attend an interview to ask questions to determine whether you have acted fraudulently. Because these types of questions may incriminate you, it’s important to seek advice from a lawyer before taking part in a Centrelink interview. Whether or not you decide to take part in an interview, Centrelink may pass your matter to the Commonwealth Director of Public Prosecutions to charge you with a criminal offence.
4. Prosecution by the Commonwealth Director of Public Prosecutions: If Centrelink decides to pass your matter to the Commonwealth Director of Public Prosecutions, they may decide to begin criminal proceedings against you. You will receive a Court Attendance Notice asking you to attend court to respond to the charges.

Going to court can be nerve-racking, but having a strong and compassionate legal team behind you can make the experience significantly easier to deal with.

Here are 12 reasons to choose our multi-award winning legal team:

1. Proven Track Record of Exceptional Results

   Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases.

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   Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.

2. Highest Level of Client Satisfaction

   We have the best and most comprehensive client review record of any law firm in Australia.

   Regular communication, accessibility and quality service are our team’s highest priorities.

   We are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive.

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3. Australia’s Most Awarded Criminal Law Firm
   

   We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.

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5. Free First Appointment
   

   For those who are going to court, we offer a free first conference of up to an hour with one of our Senior Criminal Defence Lawyers.

   We also offer a free first conference to those who have received an unsatisfactory result after being represented in court by another law firm, or after representing themselves, and wish to appeal.

6. Specialist Lawyer Guarantee
   

   We guarantee that only lawyers with substantial criminal defence experience will work on your case and appear for you in court.

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7. All NSW Courts
   

   From Bombala to Broken Hill, our lawyers appear in courts throughout New South Wales – and across Australia for Commonwealth cases.

   And we offer fixed fees for most criminal and traffic law cases throughout the state.

8. Accredited Specialists

   Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.

   All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005.

   An ‘Accredited Specialist’ is a lawyer who has practised for at least 5 years in a particular field of law (such as criminal law), has passed a rigorous assessment process conducted by the Law Society of NSW, and has been selected by the Specialist Accreditation Committee of the Law Society as an expert in the field.

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9. Results-Focused Law Firm
   

   Our team is passionate about achieving results, and unlike many other law firms, our lawyers do not have monthly financial ‘budgets’ to meet.

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10. Team of Lawyers Behind You
    

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12. Convenience
    

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    • the Sydney CBD, on Castlereagh Street, directly opposite Downing Centre Court,
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    • Sutherland.

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    If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at info@sydneycriminallawyers.com.au.