Centrelink fraud covers all offending behaviour by a person in receipt of Centrelink benefits. Centrelink fraud is usually as a result of, in broad terms:
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Failure to declare income
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Failure to declare a change of circumstances
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Providing misleading information with respect to amount of income received over a relevant period
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Providing misleading information with respect to relevant circumstances.
The offence
It is an offence to engage in conduct and as a result of that conduct, you obtain a financial advantage from a Commonwealth entity, knowing or believing that you are not eligible to receive that advantage.
This is a Commonwealth offence and is therefore prosecuted by the Commonwealth Director of Public Prosecutions (DPP). The matter is commenced and finalised in the Local Court.
Many are surprised to learn that the maximum penalty upon pleading guilty or being found guilty for this offence is imprisonment for twelve (12) months. There are of course different levels of offending, and in sentencing offenders, the Magistrate will consider for instance the amount of money that was obtained, the length of time of offending, whether the offender made admissions to Centrelink before being investigated, whether it is a second or subsequent offence and sometimes, whether the offending was committed as a result of “need” or “greed”.
Although the offending is initially difficult to detect, Centrelink eventually “catches up” with many offenders by relying on cross data matching with other Commonwealth entities such as the Australian Taxation Office.
Examples of situations where offending often occurs are:
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working and getting a payment from Centrelink getting income from a source other than working
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living with someone while claiming to live alone
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getting a payment from Centrelink for children not in your care
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getting a payment from Centrelink while no longer studying
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using more than one name to get payments from Centrelink
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getting more than one payment from Centrelink
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getting Rent Assistance when you are not paying rent
If someone is suspected by Centrelink of having obtained payments unlawfully, a Centrelink officer will contact them and eventually allow them an opportunity to provide a record of interview before the a decision is made whether or not to prosecute. Even if the person immediately pays the outstanding debt, it does not mean that Centrelink will not still refer the matter to the prosecuting authority (Commonwealth DPP).
Within this section of our website, you can read more information on the following:
If you are contacted by Centrelink, we advise that you do not disclose any information to them and instead, consult one of our criminal lawyers with experience in these matters; particularly if you are offered to provide a record of interview.
We will advise you of the best way forward and can even perform investigations on your behalf to determine whether Centrelink has a strong case against you, even before the matter is referred to a prosecutor. Contact us now to discuss your Centrelink matter.