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Home » Criminal Law » Criminal Offences » Centrelink Fraud

Experienced Centrelink Fraud Offence Lawyers in Sydney

Crimes of fraud or dishonesty committed against the Federal Government or its agencies are prosecuted under the Criminal Code 1995 (Cth). Conduct that amounts to fraud or dishonesty against Centrelink includes:

 

  • Failing to report your income;
  • Reporting incorrect earnings;
  • Failings to report a change in circumstances; an
  • Incorrectly declaring a relationship in order to derive extra benefits.

Due to the common elements between incidents of Centrelink fraud, there are no specific offences and they are dealt with under the broad provisions as they relate to Commonwealth entities set out in the Criminal Code.

 

If you have been charged with a Centrelink Fraud offence, you should contact fraud lawyer in Sydney for legal advice.

Obtaining Property or a financial advantage by deception | Centrelink Fraud

Section 134.(1) of the Criminal Code states that it is an offence to obtain Property by deception, with the intention of permanently depriving the other of the Property and the Property belongs to a Commonwealth entity. For the purposes of Centrelink fraud, this is likely to be the least common charge, as Centrelink fraud is usually in relation to receipt of benefits.

Section 135.(1) of the Criminal Code states that is an offence to dishonestly obtain a financial advantage from another person and that person is a Commonwealth entity.

 

The maximum penalty for obtaining Property by deception is 10 years imprisonment. If the matter is dealt with in the Local Court the maximum penalty is 2 years imprisonment and/or 120 penalty units ($26,640).

For you to be successfully charged with either of the above offences, the Prosecution must prove beyond a reasonable doubt that:

 

  • Your actions or omissions allowed you to obtain Property of financial advantage from Centrelink;
  • That you knew you were not eligible to receive those financial benefits.

Defences to the offence of obtain Property by deception or dishonestly obtain financial disadvantage include:

 

  • You acted due to duress;
  • Necessity to avoid danger;
  • You were suffering from mental illness;
  • Honest and reasonable mistake.

General Dishonesty | Centrelink Fraud – section 135.1

Division 135 of the Criminal Code sets out a series of offences relating to fraudulent conduct in relation to Commonwealth entities. The offences are listed below.

 

Under section 135.1(1) of the Criminal Code it is an offence for a person to do anything with the intention of dishonestly obtaining gain from a Commonwealth entity. It is important to note that under this section, the defendant does not need to know that the entity is a Commonwealth entity. The Prosecution only need to prove that you intended to dishonestly gain.  

 

Under section 135.1(3) of the Criminal Code it is an offence for a person to do anything with the intention of dishonestly causing loss to a Commonwealth entity. It is important to note that under this section, the defendant does not need to know that the entity is a Commonwealth entity. The Prosecution only need to prove that you intended to dishonestly cause a loss.  

 

Further under 135.1(5) of the Criminal Code, you have committed an offence if:

 

  • you dishonestly cause a loss or risk of loss to a Commonwealth entity;
  • You knew or believed that due to your actions the loss would occur or that there would be a substantial risk of the loss occurring.

This offence is an absolute liability offence, which means that the Prosecution does not need to prove intention, knowledge, negligence or recklessness. Further, the defence of honest and reasonable mistake of fact is not available.

The maximum penalty for any offence under Division 135 of the Criminal Code is 10 years imprisonment. If the offence is dealt with in the Local Court the maximum penalty is 2 years imprisonment and/or 120 penalty units ($26,640).

Defences to general dishonesty offences include:

 

  • You acted due to duress;
  • Necessity to avoid danger;
  • You were suffering from mental illness;
  • Honest and reasonable mistake for offences under sections 135.1(1) and 135.1(2) only.

Obtaining Financial Advantage | Centrelink Fraud – section 135.2

Under section 135.2 of the Criminal Code there are several offences relating to obtaining a financial advantage. Theses offences are listed below.

 

Under section 135.2(1) of the Criminal Code it is an offence if a person engages in conduct that results in the person obtaining a financial advantage from a Commonwealth entity for themselves or another person and that person knows or believes they are not eligible to receive that financial advantage. This offence is an absolute liability offence, which means that the Prosecution does not need to prove intention, knowledge, negligence or recklessness. Further, the defence of honest and reasonable mistake of fact is not available.

 

Under section 135.2(2) of the Criminal Code it is an offence if a person engages in conduct that results in them obtaining a financial advantage for another person from a third person, being a Commonwealth entity and that person knows or believes they are not eligible to receive that financial advantage. This offence is an absolute liability offence, which means that the Prosecution does not need to prove intention, knowledge, negligence or recklessness. Further, the defence of honest and reasonable mistake of fact is not available.

The maximum penalty for offences relating to obtaining a financial advantage is 12 months imprisonment.

Defences available to you include;

 

  • Duress – if you were threatened or coerced;
  • Necessity – acted to avoid danger;
  • Self-defence – you acted to defend yourself or another.

Conspiracy to defraud | Centrelink Fraud – section 135.4

Section 135.4 of the Criminal Code sets out several offences relating to the conspiracy to defraud a Commonwealth entity.

 

Under section 135.4(1) a person commits an offence if they conspire with another person to dishonestly obtain gain from a third person and the third person is a Commonwealth entity. For this offence is not necessary for the Prosecution to prove that the defendant knew that the third person was a Commonwealth entity.

 

Under s 135.4(3) a person commits an offence if they conspire with another person to dishonestly cause a loss to a third person and the third person is a Commonwealth entity. For this offence is not necessary for the Prosecution to prove that the defendant knew that the third person was a Commonwealth entity.

 

Under s 135.4(5) a person commits an offence if the person conspires with another person to dishonestly cause a loss or a risk of loss to a third-person, being a Commonwealth entity and one person knows or believes that the loss will occur or there is a substantial risk of the loss occurring. For this offence is not necessary for the Prosecution to prove that the defendant knew that the third person was a Commonwealth entity.

The maximum penalty for conspiracy to defraud is 10 years imprisonment. If the matter is dealt with in the Local Court the maximum penalty is 2 years imprisonment and/or 120 penalty units ($26,640).

Defences available to you include;

 

  • Duress – if you were threatened or coerced;
  • Necessity – acted to avoid danger;
  • Self-defence – you acted to defend yourself or another.

Influencing a Commonwealth Public Official | Centrelink Fraud – section 135.7

In addition to the above offences, it is also an offence to influence a Commonwealth public official with the intention of dishonestly influencing them to exercise their duties. In the context of Centrelink, a public official is an employee of Centrelink, the Minister for Social Services and any of their delegates. For the purposes of this section, it is not necessary for the Prosecution to prove that the defendant knew that the official was a Commonwealth public official or that they were exercising duties as a Commonwealth public official.

The maximum penalty for the offence of influencing a Commonwealth Public official is 10 years imprisonment. If the matter is dealt with in the Local Court the maximum penalty is 2 years imprisonment and/or 120 penalty units ($26,640).

In order for a prosecution for this offence to be successful:

 

  • The person must have entered into an agreement with one or more other persons; and
  • The person and at least one other party to the agreement must have intended to influence the Commonwealth public official pursuant to the agreement; and
  • The person or at least one other part to the agreement must have committed an obvious act pursuant to the agreement.

A person may be found guilty of influencing a Commonwealth public official even if:

 

  • Obtaining the gain, causing the loss or risk of loss, or influencing the Commonwealth public official, is impossible; or
  • The only other party to the agreement is a body corporate; or
  • Each other party to the agreement is a person who is not criminally responsible e.g. a minor; or
  • All other parties have been acquitted of an offence and a finding of guilty is not inconsistent with their acquittal.

A person cannot be found guilty of the offence of influencing a Commonwealth public official, if before commission of an obvious act the defendant withdrew from the agreement and took all reasonable steps to prevent the commission of the offence.

The defences available to you;

 

  • Duress – if you were threatened or coerced;
  • Necessity – acted to avoid danger;
  • Self-defence – you acted to defend yourself or another.

False or misleading statements in applications | Centrelink Fraud – section 136.1

It is an offence under section 136.1(1) of the Criminal Code to knowingly make a statement, whether written or oral in connection with an application for a claim or benefit with Centrelink. This offence is an absolute liability offence, which means that the Prosecution does not need to prove intention, knowledge, negligence or recklessness. Further, the defence of honest and reasonable mistake of fact is not available.

The maximum penalty for the offence of knowingly make false or misleading statement is 12 months imprisonment.

 

Under section 136.1(4) of the Criminal Code it is an offence to recklessly make a statement, whether written or oral in connection with an application for a claim or benefit with Centrelink. The recklessness is in relation to whether the statement is false or misleading or omits any matter, which then makes the statement misleading. This offence is an absolute liability offence, which means that the Prosecution does not need to prove intention, knowledge, negligence or recklessness. Further, the defence of honest and reasonable mistake of fact is not available.

The defences available to you;

 

  • Duress – if you were threatened or coerced;
  • Necessity – acted to avoid danger;
  • Self-defence – you acted to defend yourself or another.

If the police have charged you or a loved one, you must attend court. Appearing in court for a criminal charge is usually daunting. Let us help you make the process easier. Here are 10 reasons to choose our team of criminal lawyers from Lyons Law Group;

 

Result-focused criminal lawyers 

 

Our team will work to achieve the best result for you in the shortest time possible. However, we do aim to provide quality over quantity service to you. Our criminal lawyers appear in all criminal and traffic matters, including trials, sentencing, bail applications, and apprehended violence orders. We are a result-focused firm of lawyers.

At Lyons Law, we do not make any unrealistic promises for results. You will be advised on the most realistic results achievable in your case, including acquittals of all charges against you. Nevertheless, you can be sure that our team will work extremely hard to achieve the best possible outcome for you.

 

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Our experienced defence lawyers are passionate about representing their clients and achieving the best outcome. Lyons Law is a team of solicitors who are dedicated, and with our support staff, you can be confident of the highest quality of legal representation. We have an exceptional track record of results. We provide our outstanding client service at an affordable rate for our clients.

 

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We always let our clients know how much their cases will cost from the beginning. This makes it easier for them to decide whether or not they want to proceed with the case. Not only do we offer fixed fees for many types of criminal cases and services, but also free first phone consultations. In addition, our firm offers fixed fees applicable to a wide range of Local Court cases such as drink driving, fraud, drug possession, assault, and AVOs.

 

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For all of those individuals who are going to court, we offer a free first 15-minute phone conference with one of our senior criminal defence lawyer. It is best you email our office all your relevant documents before a conference so criminal lawyers can provide the best advice within that time frame.

 

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Lyons Law Group is a highly experienced team of criminal lawyers. Our team is led by Mohammad Khan, who is one of the best criminal lawyers in Sydney. He has represented clients in some of Australia’s most high-profile cases and was under the direct tutelage of Australia’s leading criminal lawyer Adam Houda.

 

Moreover, our team has worked and successfully represented clients on highly complex trials and sentences in NSW.

 

Work closely with Australia’s leading criminal law barrister

 

We work closely with some of Australia’s leading criminal law barristers. Barristers are usually instructed in more serious matters, and their experience and input can be invaluable to your case. The barristers we regularly instruct range from Queen’s counsels, Senior counsels and highly experienced junior-senior counsels.

 

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Our team of sydney criminal lawyers have worked on numerous District and Supreme Court trials in NSW. We have worked on extremely complex criminal law trials that require impeccable preparation and understanding of the law.

 

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Lyons Law Group is a highly experienced team of bail lawyers. We have regularly obtained bail for clients for extremely serious charges that carry life sentences. For types of charges, bail is usually denied by a Court.

 

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Our criminal lawyers have in-house investigators with decades of law enforcement experience and assist our team with process service, background checks, integrity testing, investigations, surveillance, and bug detection.

 

For the preparation of jury trials and defended hearings, these services can be utilised on behalf of our client to achieve the best result.

 

Appearance at all Courts in NSW

 

From Broken Hill to Waverly, our criminal lawyers appear in all courts throughout New South Wales.

 

If you wish to contact us or book your first free 15-minute phone conference, contact us on 0404479096 or send us an email at info@lyonslaw.com.au.

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