CentreLink Offences
If you are reading this, it is likely that you (or someone you care for) has been charged with a Centrelink Offence. At LAC, we understand that people who are in times of hardship may make the wrong decisions.
Although some Centrelink offences are committed for pure greed, others are motivated by need. We are here to take you through this difficult time and act in your best interest.
Centrelink Fraud / Centrelink Offences
It is a criminal offence to receive a benefit from the Department of Social Security, or Centrelink dishonestly. The Social Security (Administration) Act 1999, prescribes specific offences for persons who commit such offences Some examples are,
- Obtaining a newstart allowance and failing to declare part-time earnings.
- Obtaining a single parent allowance and failing to declare a live-in defacto relationship.
- Obtaining an invalid pension and failing to disclose full time employment.
Often a person who commits these offences do not realise the serious consequences of their actions, and once they have commenced the conduct, find it difficult to stop. Each time a person receives a payment a separate offence is committed.
Penalties for Centrelink Offences
Where a matter has been referred to the Commonwealth Director of Public Prosecution, usually the decision is made to commence proceeding for offences under the Social Security (Administration) Act 1999, and the maximum penalty on conviction is imprisonment up to 12 months for each offence.
The matter will come before a Local Court in NSW and dealt in the court's summary jurisdiction. Often, the defendant pleads guilty to the charges and the magistrate will sentence the defendant. The sentence imposed by a magistrate will depend on the circumstances of each case, and in most cases are dealt with by way of a good behaviour bond, fine or suspended sentence.
If you have been charged with a Centrelink offence, you need legal advice. Call LAC Lawyers Sydney today on 1300 799 888 or LAC Lawyers Melbourne on 1300 734 638.
Centrelink Offences: NEED OR GREED
It is important that the magistrate be well informed about the circumstances of why the defendant committed the offence. In many cases defendants commit the offence because they are in financial hardship and needed the extra funds to survive. In these situations, reports or documents may be required to prove the point, and if the magistrate accepts that the offences were committed out "need", then that is taken into account when sentence is passed.
On the other hand, offences of this type can be committed out of "greed". This can be evident if the defendant receives several benefits under different names, or where the defendant is quite wealthy and claims a benefit and fails to disclose full time employment. Offences of this type are viewed more seriously when the defendant is sentenced.
Furthermore, the Commonwealth Director of Public Prosecution may take a view that the conduct is so serious that the defendant is charged with offences under Criminal Code (Commonwealth) 1995. For example, defrauding the Commonwealth which can lead to a maximum period of 5 years imprisonment. If charges are commenced under this Act, then it is likely that the matter will proceed by way of a committal hearing in the Local Court and the matter sent to the District Court.
In all these cases, the Department of Social Security will initiate steps to recover any monies that were paid wrongly, and this is separate to the criminal proceeding.
If you have been charged with a Centrelink offence, you need legal advice. Call LAC Lawyers Sydney today on 1300 799 888 or LAC Lawyers Melbourne on 1300 734 638.
Experienced Criminal Lawyers for all Centrelink Offences
Below is a list of criminal lawyers who offer expert legal defence for all Centrelink offences.
LAC Lawyers have a team of lawyers with the experience in criminal law cases that you need to get the best outcome. The following is a selection of our currently practicing criminal lawyers.
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Senior Solicitor
Criminal Lawyer Sydney
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Criminal Lawyer Melbourne
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Criminal Lawyer Sydney
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If you have been charged with Centrelink Fraud or any other Centrelink offence, contact LAC today on 1300 799 888 (Sydney) or 1300 734 638 (Melbourne).
If you have been charged with Centrelink fraud or any other Centrelink offence, contact LAC today on 1300 799 888 (Sydney) or 1300 734 638 (Melbourne).
CentreLink Offences Articles
Criminal Law - Centrelink Fraud, How Do You Get Caught?
Date: October 08, 2010
Author(s): 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.
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.
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 - 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.
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.