Centrelink fraud is treated very seriously by the judiciary. If you have been charged with an offence in this area then you will need Centrelink fraud lawyers who routinely assist clients charged with these offences.
Our law firm has extensive experience helping defend clients against Centrelink prosecutions. We have legal offices in the Melbourne CBD, Ringwood, Frankston, Geelong, Dandenong and Moorabbin areas.
The rules regarding what is and what is not permitted by Centrelink can be very confusing. Often people charged with these offences are unsure of how they have breached the law.
In circumstances where you have not provided information to Centrelink, resulting in an overpayment, you may have a defence.
Centrelink will ask that you attend their offices for a discussion about the overpayment. If you are asked to attend, be aware that what you say can heavily influence whether or not you are prosecuted. You are not obliged to attend the interview.
What are the likely charges?
Obtaining a financial advantage – Section 135.2 of the Criminal Code Act 1995.
Obtaining a financial advantage by deception – Section 134.2 of the Criminal Code Act 1995.
What are the likely penalties?
Sentencing of the above offences occurs under the Commonwealth legislation. Commonwealth sentencing is very different to a State prosecution and many practitioners fail to understand the subtle nuances in relation to applying the law.
Results can range from the Court finding the matter proven and dismissed to the Court imposing an immediate prison sentence. There are a number of factors that will impact how the magistrate or judge treats your case.
Typically there are two types of offenders in relation to Centrelink fraud. Those who make gross errors when declaring their present earnings, and those who create false identities and claim extra benefits, often running into the tens of thousands of dollars.
In either case, our experienced Centrelink defence lawyers can assist you.
If you are due to be interviewed or are already facing a prosecution, contact our Melbourne-based law firm today. One of our lawyers who understands and specialises in Centrelink fraud and Commonwealth sentencing practices can assist with preparing your defence.
It was alleged that the client by way of a fake identity over a period spanning 20 years had been in receipt of fraudulent centrelink payments in excess of $250 000. Read More
The Director of Public Prosecution’s (DPP) proceeded against her in regard to the charge of obtaining a financial advantage. Read More