Have you been charged with Obtaining a Financial Advantage by Defrauding Centrelink?
This is a serious offence and can carry large penalties including imprisonment if you are convicted. Defrauding a Commonwealth entity can lead to immediate and future consequences, including employment difficulties and travel issues.
You should consider your options with an expert in criminal law before proceeding any further.
Can the prosecution make out their case? Did you engage in conduct that was deliberately deceptive toward Centrelink? Did you obtain a financial advantage for yourself or for another? Did you induce Centrelink to award you benefits you were not entitled to?
Common types of Centrelink fraud include making claims for benefits you are not entitled to, making false statements, forging pay slips, bank statements and other false documents.
The length of time the fraud occurred for and the amount of money obtained can impact the severity of the charge. The longer you have been defrauding Centrelink the higher the penalty may be.
Talk to an experienced criminal lawyer immediately before you enter a plea to a Court. Please read below for more information in relation to this charge.
The offence
Section 135.2 of the Criminal Code Act (Cth) 1995.
The prosecution must prove:
The defendant engaged in conduct;
That conduct was dishonest ;
As a result of that conduct, the defendant obtained a financial advantage for himself or herself, or another person;
The person knew or believed they were ineligible to receive that financial advantage; and
That the defrauded party was Centrelink.
The maximum penalty
12 months imprisonment for a minor offence, or up to 10 years imprisonment for a major offence. You may also face the penalty of repaying the debt, a fine up to $10,200 for a minor offence and up to $102,000 for a major offence.
Where will my case be heard?
Obtaining a Financial Advantage against a Commonwealth entity such as Centrelink falls under the Commonwealth jurisdiction. Your case may be heard in the Magistrates’ Court or the County Court depending of the value of the deception being alleged.
What to do next?
Centrelink may seek to pursue an investigation into your past and present claims. You will often be asked to sit a voluntary video interview.
You should seek legal representation before attending such an interview.
The Commonwealth Director of Public Prosecutions may then issue you with the charge of Obtaining a Financial Advantage, in which case you may be taken to court.
There are a number of different ways you can fight these criminal charges, but it is critical to your chances in court to first contact a legal practitioner to help you with your matter. Do not delay. Consult an experienced criminal lawyer today.
The legislation
Section 135.2 Obtaining Financial Advantage
(1) A person is guilty of an offence if:
(a) the person engages in conduct; and
(aa) as a result of that conduct, the person obtains a financial advantage for himself or herself from another person; and
(ab) the person knows or believes that he or she is not eligible to receive that financial advantage; and
(b) the other person is a Commonwealth entity.
Penalty: Imprisonment for 12 months.
(1A) Absolute liability applies to the paragraph (1)(b) element of the offence.
(2) A person is guilty of an offence if:
(a) the person engages in conduct; and
(aa) as a result of that conduct, the person obtains a financial advantage for another person from a third person; and
(ab) the person knows or believes that the other person is not eligible to receive that financial advantage; and
(b) the third person is a Commonwealth entity.
Penalty: Imprisonment for 12 months.
(2A) Absolute liability applies to the paragraph (2)(b) element of the offence.
(3) For the purposes of subsection (2), a person is taken to have obtained a financial advantage for another person from a Commonwealth entity if the first‑mentioned person induces the Commonwealth entity to do something that results in the other person obtaining the financial advantage.
(4) The definition of “obtaining” in section 130.1 does not apply to this section.
