Criminal Law - Centrelink Offences - An Overview

Date: May 10, 2010

Authors: Pheba Netto LL.B. (Hons)

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. Although the offence may be committed out of “need” it is still deemed to be a serious offence and will not justify one’s act of deceiving Centerlink to obtain the financial benefit or advantage. Offenders should take note that if they try to take advantage of the system, it's only a matter of time before Centrelink investigators catch them.

How serious are they?

These are serious offences and the offender will be charged under the Criminal Code Act 1995 (Cth) and if found guilty can by punished with a fine or imprisonment of 12 months or both. The matter is commenced on the recommendation of Centrelink to the Commonwealth Director of Public Prosecutions (CDPP) in the Local Court. The act of immediately taking steps to settle the outstanding debts with Centrelink does not guarantee that the offender will not be prosecuted by the CDPP. Subsequent or repeated offenders are at a greater risk of severe punishment once found guilty of having committed a Centrelink offence. 

A conviction can also be detrimental to their current work or future career prospective.   

What can you do?

Once you have received notice of a Centrelink offence, Centrelink would suggest you attend an interview with the Centrelink officers. The fear of being convicted of these offences often sends one straight to Centrelink where more often than not it may not be in the best interest of the offender to not do so as one very often discloses unnecessary or too much information to Centrelink that may be detrimental or have harmful effects to their case or any chances of successfully mitigation their losses. It is strongly recommended that attending the interview may open yourself to further damage or admission and it is strongly recommended that you seek legal advise once you receive notification from either Centrelink or the CDPP that you are being accused of the offence. Upon receipt of the charge sheet from the CDPP or initial notification of the offence from Centerlink, you must make an appointment immediately to see a solicitor.

Who can Help You?

We at LAC Lawyers have significant experience in handling Centerlink offences and will be able to advise you on all the steps you need to take minimize the risk imprisonment. We will do our best to seek to make the necessary applications on your behalf to prevent the harsh effects of your sentence on your life, career and future plans and undertakings. So contact us immediately and let us help you when you most need help.

Contact us now for Fast, Accurate and Timely legal advice

Phone LAC Lawyers on NSW 1300 799 888 or VIC 1300 734 638 or send us an email 

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