Centrelink offences are outlined in the Social Security (Administration) Act 1999. Many of the offences are concerned with recklessness and misleading statements. Recklessness refers to the behaviour submitting a false document without bothering to ascertain its authenticity and the truth to it. Many Centrelink offences are strict liability offences, indicating that the defence of honest and reasonable mistake is available to the accused.
It is an offence make a misleading statement or submit a false document in order to obtain payments from Centrelink, by claiming that you are in a financially tough situation. Furthermore, a person must not seek to obtain a benefit to which they are not entitled to or which is only intended to be payable in part (not full, as could be claimed).
Another offence which is outlined in s 216 of the Social Security (Administration) Act 1999. It is an offence to obtain a payment from Centrelink through fraudulent devices or by impersonation of another.
Employers and Employees
For an employer to be liable for the actions of their employee/s, it must be shown that the conduct was engaged in by the employee or agent within the scope of authority of the employer. Also, that the employee or agent had ‘state of mind’ (knowledge, intention, opinion, belief, purpose and reasons for acting fraudulently).
If the employer is deemed to have engaged in fraudulent acts due to their liability for their employee or agent, it is a defence that the employer took reasonable precautions and exercised diligence to avoid the fraud.
Penalties
The maximum penalty for a general Centrelink offence is 12 months imprisonment. A penalty may comprise of paying back of the debt and a fine or imprisonment. Where there are multiple offence, there may be a penalty imposed for each offence. The more serious offences are dealt with under the Commonwealth Criminal Code. These offences can carry a maximum penalty of 5 years imprisonment.
How can Prime Lawyers help you?
Centrelink offences are very serious and their severity can sometimes be underestimated. Should you be charged with a Centrelink offence, it is vital that you contact one of the lawyers at Prime Lawyers who can advise you of the best way to handle the proceedings.