The Court: Moorabbin Magistrates Court
The Lawyer: Tom Woodward
The Charges:
The Allegations:
The client was a single mother who had received Centrelink payments for over three years. She failed to declare her casual employment income while continuing to receive Centrelink benefits. The client’s failure to report her income was deliberate, resulting in an overpayment of $18,000.
Centrelink’s internal audit uncovered the discrepancy, which was reported to the police. The client was subsequently arrested and charged with Obtaining a Financial Advantage.
It is important to note that Obtaining Financial Advantage is a Commonwealth offence, meaning it is governed by Commonwealth legislation; therefore, different sentencing laws apply.
At Court:
The client accepted that she had not declared her earnings. She was a single mother to two children. In her interview with the police, along with making admissions, she expressed remorse for the offence, citing financial hardship and difficulty managing childcare fees and employment as reasons for committing the offence. The client had also been diagnosed with severe depression.
The matter was case conferenced, and the client ultimately pleaded guilty to one charge of Obtaining a Financial Advantage.
The Outcome:
Following lengthy submissions by our solicitor, the Magistrate acknowledged the seriousness of the offence but balanced this against the client’s mitigating circumstances. The Magistrate was satisfied that extenuating circumstances existed, placing the client on a no-conviction good behaviour bond.
This was an extremely lenient outcome given the amount of money taken. The client was very relieved.
