Criminal Law - Centrelink Fraud, How Do You Get Caught?
Date: October 08, 2010
Authors: Jana Whitby B.A., LL.B. (Hons.)
If you are in receipt of Centrelink benefits then you have a duty to provide Centrelink with all information regarding your earnings and financial circumstances. Should you fail to make any relevant disclosure with respect to your earnings and financial circumstances and it is later detected by Centrelink then you could find yourself being brought before the Court to answer criminal charges.
Centrelink generally maintains two forms of records if you are claiming benefits from them, these are paper records and electronic records. The records held by Centrelink are related to your Customer Reference Number which you will note is sent out on all correspondence and documents you receive from Centrelink. Any claim forms, proof of identification documents and any other requested documents lodged with Centrelink are attached to your file.
The claim form requires information and original documentation relation to your circumstances, income and assets information (and those of your partner and dependants if applicable) such as documents proving your identity, age, residence and marital status. If your claim is approved then payments are usually made to your designated bank account on a fortnightly basis. If you have any change in your circumstances then you are obliged to tell Centrelink. This means for example that if you are working a casual job and you have indicated on your claim form that you will earn a certain amount and then you end up working an extra shift or shifts, you must inform Centrelink of these additional earnings as soon as possible.
If you fail to disclose additional earnings or assets then an overpayment will be made. If you receive repeated overpayments and they are detected by Centrelink then you may be referred to the Commonwealth Director of Public Prosecutions and criminal charges may be laid against you. Once criminal charges have been laid it is very difficult to defend these types of matters because even if you did not intentionally attempt to mislead Centrelink and believe that you genuinely provided them with all relevant information, as a Government Agency, Centrelink can cross-match your information with other Government Departments and Agencies such as the Australian Taxation Office. If through data-matching Centrelink deems that further investigation is warranted due to reporting irregularities then they may also do such things as contact your employer to obtain records as to the payments your employer made to you.
If you are contacted by Centrelink with respect to any overpayment made then you should immediately consult a lawyer to provide you with advice in relation to the various options available to you.
Tax Law - Foreign Source Income - Centrelink
Date: May 15, 2012
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Over the years the ATO has turned its attention to a number of taxation exploitation schemes. During the course of the current calendar year one of their major points of focus is Australian residents with undeclared foreign source income e.g. foreign investment income or income earned from inherited assets.
Criminal Law - Social Security Fraud - Amendments to social security legislation and reporting requirements after court finds legal loophole in favour of defendant
Date: April 18, 2012
Author(s): Patrick Mulligan B.A., LL.B.
A recent Supreme Court appeal established a major flaw in social security fraud cases. In order to establish social security fraud, the prosecution will usually charge the defendant pursuant to s135.2 (1) of the Criminal Code (Cth). The charge is obtaining financial advantage from the Commonwealth.
Criminal Law - All you need to know about stalking
Date: February 21, 2012
Author(s): Carmel Stagnitti LL,B. (Hons.) , Grad.Dip. (Legal Practice) , BA. (PolStuds) , Adv.Dip. (Criminal Justice)
If you have been charged with stalking, it is a serious criminal offence and carries a maximum penalty of 10 years imprisonment. A defence available to you in criminal proceedings for stalking or a personal safety intervention order is that the court is required to be satisfied on the balance of probabilities that the person has engaged in a course of conduct without malice.
Criminal Law – Sexual Offences (Vic)
Date: February 20, 2012
Author(s): Carmel Stagnitti LL,B. (Hons.) , Grad.Dip. (Legal Practice) , BA. (PolStuds) , Adv.Dip. (Criminal Justice)
Sexual crime is a serious offence within our community. Depending on the circumstances, if you are found guilty and convicted of a sexual offence the penalties may involve imprisonment.
Criminal Law - Compensation for Victim of Crime
Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
In Australia, all states and territories have approved counselling schemes and statutory compensation schemes that aim to provide support and rehabilitation for victims of crimes of violence.
Family Law - Children and the Criminal Justice System
Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
The criminal justice system in Australia provides a set of processes and practices when dealing with children and young people who are alleged offenders or who have been found guilty of committing a crime. It encompasses the general process of arresting, charging and sentencing a child offender and the legal orders provided by the courts.
Family Law- Children and Criminal Responsibility
Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
Although difficult to fathom, we cannot deny the fact that children as young as 10 years old are capable of committing a crime. The Australian legal system acknowledges that children require special attention, consideration and protections. As a result, a number of legislations and common law particularly deal with children and young people and how they ought to be treated in the criminal justice system.
Criminal Law - Child Abduction
Date: November 16, 2011
Author(s): Angelita Manlangit LL.B.
Abduction is defined as the unauthorised removal of a minor from the custody of the child’s natural or legally appointed guardians.
Australia is party to the Hague Convention, an international agency that battles the prevention and eradication of child abduction. The Hague Convention is a multilateral legal treaty signed by Australia, as well as many Asian countries, European countries and the US in which they agreed to assist one another when possible child abduction may arise.
Criminal Law - Child Abuse
Date: November 16, 2011
Author(s): Angelita Manlangit LL.B.
There is no exact figure as to how many children in Australia are suffering from child abuse. But one thing is for sure, it is heart-breaking. It is a complex issue that is all too often ignored. Child abuse is a situation where a child suffers significant harm from an injury caused by the child’s parent or guardian. This can take the form of emotional, mental or physical abuse.
Criminal Law - Fatal Child Neglect
Date: November 16, 2011
Author(s): Angelita Manlangit LL.B.
Child neglect should never be taken lightly, because often enough, it can lead to the death of a child. Fatal neglect is defined as the death of a child as a result of inadequate care. As a result, the child suffers from extreme conditions of deprivation, such as malnutrition and inadequate health care.
Employment Law - How your Criminal History may affect your future Employment
Date: March 14, 2011
Author(s): Mark Bostock LL.B., B.Bus.
A concern faced by many who are facing prosecution is the influence a conviction may have on them should they be found guilty of a criminal offence.
Criminal Law - Apprehended Violence Orders - Court and Penalties
Date: March 10, 2011
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
The vast majority of the AVOs and PVOs are settled after negotiations and the application can either be withdrawn and dismissed, or an undertaking made not to embark on any form of specified behaviour without admissions, or with an order being made with the consent of both parties with no admissions as to the nature of the facts alleged in the application for an order.
The Difference between Prescribed Concerntration of Alcohol (PCA) Offences and Drive Under Influence (DUI) of Alcohol or Drug
Date: March 10, 2011
Author(s): Annette Wood B.A. (Policing), LL.B.
Police are able to conduct breath tests on drivers in NSW under certain circumstances. When a driver has been involved in a motor vehicle accident, when stopped for their manner of driving, or as it often the case at random breath test stations.
Drink Driving - What Happens When You Go To Court
Date: November 10, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
Check out our step by step guide on the court porcess for drink driving.
Criminal Law - Sentencing in the Local Court
Date: October 08, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
Often I am asked by my clients who have been charged with common offences such as assault or drink driving what the likely result will be if they enter a plea of “Guilty”. This is not a question which can be answered with much certainty given that even when to individuals are charged with exactly the same charge, the possible outcome when it comes to that individual’s sentencing can vary according to factors such as in which Local Court the matter is dealt with, which Magistrate determines the sentence, the sentencing options available to the Magistrate and the individual’s subjective circumstances.
Family Law - International Parental Child Abduction
Date: October 08, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
Given the multicultural society in which we live, it has become more frequent that children are being removed by a parent from the country in which they reside and taken to another country in which their parent was born and may still have relatives and/or friends.
Is it the beginning of the end for discretionary trusts and one-man companies - Centrelink, Bankruptcy and Taxation
Date: September 01, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Another example is Elliott v. The Secretary of the Department of Education, Employment and Workplace Relations decided in 2008 immediately before the High Court of Australia’s decision in Spry and was concerned with the means test for Centrelink pensions.
Criminal Law - Centrelink Offences - An Overview
Date: May 10, 2010
Author(s): LAC Lawyers
There are various types of Centerlink offences the most common Centrelink Fraud, i.e. engaging in conduct to obtain a financial advantage from a Commonwealth entity knowing and believing that one is not eligible to receive that financial advantage. Most often people deliberately provide Centrelink with false, incomplete or misleading information and break the law.
Criminal Law - More about Centrelink Fraud
Date: August 12, 2009
Author(s): LAC Lawyers
Receiving money from Centrelink to which you are not entitled to is an offence. This offence could carry a monetary penalty, a jail term, community service and periodic detention. So, if Centrelink says that you have been overpaid and they advise you that they wish to interview you, you should seek our legal advice immediately. If an incorrect payment or fraud of some kind has been detected, the customer will be contacted about this and will be asked to explain why it happened. If this results in an overpayment, a debt will be raised for this amount and it must be repaid.
Criminal Law - Sports Law
Date: July 04, 2009
Author(s): LAC Lawyers
Tom, an A grade soccer player, had been charged with having sexual intercourse with a person between the ages of 10 and 14. At the time he was 18. A plea of "not guilty" had been entered and the player had a strong defence case. At law there is a “presumption of innocence” in such matters.
Criminal Law - Traffic Matters - Drink Driving - Shall I Fight the Charges?
Date: July 04, 2009
Author(s): LAC Lawyers
There goes the saying, “If you drink and drive you’re a bloody idiot”. However, it is easier said than done. Sometimes when we monitor our intake of alcoholic drinks and are sure that we are under the limit, we would then be surprised to find out that we are over the limit. Victoria, if your BAC reading is 0.07 or more, you will lose your drivers’ licence. So, do you take it on the chin or do you fight the charge?
Criminal Law, Sports Law - Appeal against Football Federation of Australia determination on sanctions against players
Date: May 26, 2009
Author(s): LAC Lawyers
Tom, an A grade representative soccer player, had been charged under Section 66C(1) of the Crimes Act 1900(NSW) being the offence of having sexual intercourse with a person between the ages of 10 and 14. At the time he was 18. This happened in January 2008 and the matter was only listed for committal hearing in October 2009. A plea of “not guilty” had been entered and the player had a strong defence case. As is commonly known there is a “presumption of innocence” in such matters.
Criminal Law - Apprehended Violence Orders - Offences
Date: May 21, 2009
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Given the rise in awareness of the cost and impact of violence in the community, with a focus on domestic violence, the NSW Parliament has responded with legislation designed specifically to address this area. The aim of the current legislation (Crimes(Domestic and Personal Violence) Act 2007 No. 80 (the Act)) is...
Criminal Law - Have you been charged with assaulting police?
Date: April 03, 2009
Author(s): LAC Lawyers
It has been a long week at work, you decide to unwind and have a couple of beers at your local pub. Unfortunately you don’t know when to stop as you’re having a great time but are annoying some of the patrons at the same time. The management ask you to leave and you refuse.
Sports and the Law - Restraining the Paparazzi
Date: February 12, 2009
Author(s): LAC Lawyers
Wayne is an internationally known Australian fast spin bowler. As a celebrity he is a typical target for freelance photographers out to make profit from capturing his image in whatever attitude at any time and any place. Sadly his family is often caught in the thick of it. Although it must be nice to be famous, it must be equally exhausting to have photographers lurking around every street corner, up every tree and...yes...hiding inside garbage bins as well.
Criminal Law - Bail - The importance of a well prepared bail application
Date: February 02, 2009
Author(s): LAC Lawyers
Given that the Act provides for authorisation to be at liberty, the question obviously arises as to what types of matters could put an accused’s liberty at risk and what forms of review, if any are possible, if bail is refused.
Criminal Law - A strong prosecution case is not always what it seems
Date: January 30, 2009
Author(s): LAC Lawyers
Doctor Bob was presented with such an apparently insurmountable case. This sixty five year old general practitioner of some forty years experience was languishing in the Court cells as his solicitor poured over photographs of the doctor’s estranged wife. He was charged with assaulting her causing her actual bodily harm. The solicitor in reviewing the photos pondered why the charge had not been the more serious one of occasioning grievous bodily harm. The poor woman was covered from head to foot in multiple bruises of a dark blue/purplish nature.
Sports and the Law - Famous sports people are often the target of blackmailers
Date: January 28, 2009
Author(s): LAC Lawyers
Sports people can be easy prey for blackmailers and extortionists. Whilst at the height of their careers, sports men and women can be big fee earners and commanding enormous popularity. Sadly they are only human with human failings and weaknesses. They can easily be exploited by unscrupulous individuals intent on “cashing in” on their fame and fortune.
Criminal Law - Centrelink Offences
Date: January 23, 2009
Author(s): LAC Lawyers, Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Social security fraud is a general malaise affecting the ability of the Commonwealth Government to provide benefits to the needy. Centrelink fraud is committed when a person knowingly gives false and misleading information to obtain access to a benefit and to obtain a payment that they should not be getting; or misrepresents their circumstances; or fails to inform Centrelink that they have no further entitlement to benefits.
Criminal Law - Crown Appeal Against Sentence
Date: January 22, 2009
Author(s): LAC Lawyers
When an accused person (“A”) has been convicted or has pleaded guilty to an offence A will be sentenced by the Court. If the Crown is of the view that the sentence A received was manifestly inadequate, then the Crown can appeal against the original sentence.
Criminal law - Centrelink Fraud
Date: January 16, 2009
Author(s): LAC Lawyers
Centrelink fraud has become rife in the last few years and Centrelink investigators have become more and more ardent at uncovering this. There is a deliberate attempt to rip-off the system and today’s sentencing shows how harshly welfare cheats can expect to be treated by the courts.
Criminal Law - Larceny, Theft, Stealing
Date: January 16, 2009
Author(s): LAC Lawyers
At common law, larceny is committed by a person who, without the consent of the owner, fraudulently and without a claim of right made in good faith, takes and carries away anything capable of being stolen with intent, at the time of such taking, permanently to deprive the owner thereof
Criminal Law - What constitutes an assualt and possible defences
Date: January 16, 2009
Author(s): LAC Lawyers
Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years
Criminal Law, Sports Law - Sexual acts with a minor can lead to serious consequences for a young professional
Date: January 16, 2009
Author(s): LAC Lawyers
The legislation of all states have embodied in their Crimes Acts various penalties for sexual related offences. The parliaments of the States regard these matters very seriously and the penalties prescribed are often severe.
Criminal Law - Does a threat equal an assault?
Date: December 01, 2008
Author(s): LAC Lawyers
Criminal Law - Self Defence
Date: December 01, 2008
Author(s): LAC Lawyers
Self defence is an issue that needs to be disproved by the Crown beyond reasonable doubt. Normally a defence will apply once the Crown has proved its case to excuse the actions of the accused. However, if the Crown cannot disprove self defence then the accused is entitled to an acquittal.
Criminal Law - Drink Driving Summary
Date: October 21, 2008
Author(s): LAC Lawyers
Everything you need to know about drink driving...
Criminal Law - Traffic Offenders Program
Date: October 21, 2008
Author(s): LAC Lawyers
Some common questions about the Traffic Offenders Program
Criminal Law - Need info on Bail, read this!
Date: September 25, 2008
Author(s): LAC Lawyers
Some handy information on Bail.
Criminal Law - The Pro's And Con's Of taking Part In A Police Interview
Date: September 25, 2008
Author(s): LAC Lawyers
The decision as to whether to participate in a record of interview with police is often a difficult one to make. There are various advantages and disadvantages in doing so, therefore, it is important that competent legal advice is obtained. LAC Lawyers are able to assist and advise you whether you should participate in such an interview.
Drink driving - Although rare, it is possible to have your DUI dismissed.
Date: September 25, 2008
Author(s): LAC Lawyers
LAC Lawyers was recently involved in a matter where we succeeded in having charges against our client dropped. Our client was charged with low-range PCA because the police thought he was "failing to submit" to breath analysis where in reality the machine was faulty.
Criminal Law - Assault Occassioning Actual Bodily Harm
Date: September 24, 2008
Author(s): LAC Lawyers
Criminal Law - Posses Prohibited Drug
Date: September 24, 2008
Author(s): LAC Lawyers
Drink Driving - Your Rights, Police Powers, Court Penalties
Date: September 01, 2008
Author(s): LAC Lawyers
Read on to find a list of commonly asked questions as well as an overview of likely penalties according to your Prescribed Concentration of Alcohol (PCA).
Criminal Law - Dealing with the Police - Some Tips (Vic.)
Date: February 01, 2008
Author(s): LAC Lawyers
Police officers are like every other section of our community. Likewise is not always possible to distinguish the good from the bad. Therefore it is an advantage to know what to do when you have to encounter one or more police officers.
Criminal Law - Child Pornography
Date: January 15, 2008
Author(s): LAC Lawyers
It is a serious offence to possess or disseminate child pornography. Possession of child pornography is punished by up to 5 years imprisonment and dissemination by up to 10 years.
Criminal Law - Unauthorised possession of Prescription Drugs
Date: January 15, 2008
Author(s): LAC Lawyers
Most so called 'party drugs' are prohibited drugs. Cocaine, speed, methleamphetamine, MDMA and cannabis are all prohibited drugs. They are available because people will pay good money to use them recreationally.
Drink Driving - Legal Representation Is Your Best Bet
Date: December 13, 2007
Author(s): LAC Lawyers
Drink Driving is a crime that people, including professionals, are increasingly being charged with nowadays. On many occasions it is a first offence where one misjudges how much they had consumed, assumes they are within their legal limit to drive, and are then, to their misfortune, stopped by Police and charged.
Criminal Law - Drink Driving Offences (Vic.)
Date: December 18, 2006
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
What to expect when you call LAC Lawyers
Date: December 13, 2006
Author(s): LAC Lawyers
LAC Lawyers is a full service firm dedicated to the provision of superior legal services in Australia. Our aim is to provide unrivalled client satisfaction coupled with high quality service and advice. When you call LAC Lawyers our friendly reception staff will spend time with you to identify the area of law your enquiry relates to then pass you on to one of our qualified solicitor's who can help you.
Criminal Law - How Serious Are AVOs (New South Wales)
Date: October 12, 2006
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
There is a strong desire on the part of the legislature to reduce the incidence of, and provide protection to, the victims of domestic violence. Apprehended violence orders and bail are the main vehicles chosen to provide this protection. These provisions are fundamentally in aid of the prosecution.
The Benefits of Hiring A Lawyer
Date: August 16, 2006
Author(s): LAC Lawyers
The old adage “you get what you pay for” is as true today as it has ever been.
Criminal Law - Slavery and/or Sexual Servitude
Date: August 01, 2006
Author(s): LAC Lawyers
Slavery in Australia has been a criminal offence since 1824 due to the application of the Slave Trade Act 1824. In 1999, the Criminal Code Amendment (Slavery and Sexual Servitude) Act 1999 was enacted.
Why stay with your lawyer
Date: August 01, 2006
Author(s): LAC Lawyers
The lawyer/client relationship is a personal one and there are many reasons which will dictate who you can and cannot work with. If you don’t like your lawyer, should you change? Ultimately, the relationship between a lawyer and client must be built on mutual trust.
Criminal Law - Drugs: Police Sniffer Dogs: Part 1
Date: March 21, 2006
Author(s): LAC Lawyers
The dogs have been let loose recently. Numerous people have been charged generally involving small amounts of cannabis and MDMA (ecstasy) as a result of over active Labradors at pubs, parties and big days out. A client who recently contacted me was apprehended walking to a dance party in the Botanical Gardens. She had in her possession, 1 joint and 1 pill.
Criminal Law - Drugs: Police Sniffer Dogs: Part 2
Date: March 21, 2006
Author(s): LAC Lawyers
On 22 February 2002, the NSW Parliament enacted the Police Power (Drug Detection Dogs) Act (The Drug Dog Act). The Drug Dog Act continues to allow police to use drug dogs to search an individual once they have formed a reasonable suspicion that an offence has been committed.
Criminal Law - Drugs: The Pitfall of Pills: Part 1
Date: March 21, 2006
Author(s): LAC Lawyers
Called; ecstasy, e, ecce, disco biscuits or 3, 4 methyledioxymethylamphetamine (MDMA), MDMA is an increasingly popular party drug. Putting aside any health issues with drug use, one frequently overlooked consideration is that it is illegal in New South Wales.
Criminal Law - Drugs: Pills and Drug Weight: Part 2
Date: March 20, 2006
Author(s): LAC Lawyers
What the law calls admixtures count as the drug weight. for the purpose of State drug offences, the law looks at the total mass of the drug and not pure drug bulk. This means that even if the pill is very low in purity as long as it contains some MDMA, the total bulk of the pill is the amount that counts.
Criminal Law - What Do I Do When I Am Arrested?
Date: March 15, 2006
Author(s): LAC Lawyers
No-one who is arrested should be left to the mercy of the system as it can be a very unkind friend when you are in need. While it is important to co-operate with the police it is extremely important that you understand your rights and do nothing to prejudice yourself whilst in custody.
Criminal Law - Serious Traffic and Drink Driving Offences
Date: February 16, 2006
Author(s): LAC Lawyers
Criminal Law - Sentence and penalty options available to courts if convicted of a criminal offence
Date: September 26, 2005
Author(s): LAC Lawyers
Murder. Bigamy. Robbery. Bushfires. Terrorism. Domestic violence. Computer offences. Concealing the birth of a child. Fraud. Rape. The list of criminal offences for which a person may be convicted in any Australian jurisdiction is extensive.
Employment Law - Bullying - Adults in the schoolyard
Date: September 26, 2005
Author(s): LAC Lawyers
The idea of bullying has long been associated with naughty children in a schoolyard. But in recent years, there has been increased awareness and recognition in Australia that adults can be bullies too. Nowhere is this notion more alive than in the workplace, where high stress levels and hierarchies create a framework for day to day life.
The Criminal Aftermath of Drink Driving: Penalties and Sentences
Date: September 22, 2005
Author(s): LAC Lawyers
Drink driving is an offence under the Road Transport (Safety & Traffic Management) Act 1999 (NSW) (the “Act”). In New South Wales there are effectively five categories of “prescribed concentration of alcohol” (PCA) offences.