Going to Court? Book Your Free First Appointment

Centrelink Fraud

Last updated on
Information on this page was reviewed by a specialist defence lawyer before being published. Click to read more.

What is Centrelink Fraud?

Centrelink fraud offences can involve allegations of obtaining a financial advantage for yourself, your business, your company or another person or entity by making claims to which you are not entitled, providing information that is false in material ways in order to obtain higher payments than you would otherwise receive, and not informing the department of a change in circumstances and thereby continuing to receive payments to which you had been entitled up until the change.

The offences can relate to any of a range of Commonwealth government social security payments from looking-for-work payments such as Jobseeker, to family benefits such as parenting payment, family tax benefit and child care subsidy, to age care payments such as the age care pension and home equity access scheme, to disability payments such as the disability support pension and carer benefits such as the carer payment, to youth allowances, farm support and special circumstances allowances.

While the maximum penalties for Centrelink offences – which range from 12 months to 10 years in prison – may seem daunting, it is crucial to bear in mind that the prosecution is required to prove several ‘essential elements’ (ingredients) of the charges before the offences can be established.

These ingredients can include that you knew what you were doing was dishonest rather than just an error and that you engaged in a deception through your conduct.

There are also various legal defences that may be available to you, such as duress and necessity.

Expert Centrelink Fraud Lawyers

The legal team at Sydney Criminal Lawyers are experts in fraud-related offences, including alleged Centrelink offences.

We will assess your situation with a view to identifying weaknesses in the prosecution case and any available legal defences, and fight for the optimal outcome by;

  • Working with Centrelink and or the DPP to reduce the likelihood of a notice of overpayment leading to criminal charges,
  • In the event charges are brought, formally requesting their withdrawal on grounds of deficient prosecution evidence and/or the availability of a legal defence, or
  • In the event your cases nevertheless proceeding to hearing, fighting to have the charges dismissed (thrown out of court) through not guilty verdicts, or
  • In the event you wish to plead guilty, taking steps to minimise the number / seriousness of the charges, ensuring all material that is beneficial to you is before the court (such as character references, letter of apology etc) and persuasively presenting your matter in court to ensure the most lenient possible outcome.

So call our expert Centrelink fraud lawyers now on (02) 9261 8881 and let our many years of specialist defence experience take care of the legal side of things, so you can move forward with your life.

Read on for more information about Centrelink offences.

Centrelink Fraud Law

What Will the Prosecution Need to Prove?

It is important to be aware that to establish a Centrelink offence, the prosecution will need to prove a number of factors beyond a reasonable doubt.

Depending on the specific charge, the factors may include that:

  1. You engaged in specific conduct,
  2. You obtained a financial advantage for yourself or another person, or caused a financial detriment, as a result of your conduct,
  3. You knew or believed that you weren’t eligible to receive the advantage or were not authorised to cause the detriment, and
  4. Your conduct was committed against a Commonwealth entity (such as Centrelink).

You must be found not guilty if the prosecution is unable to prove any of such ‘essential elements’ (ingredients) of the offence you are charged with to the required high standard.

Moving on to some of the more frequently prosecuted offences for alleged Centrelink fraud, the prosecution will need to prove as follows:

Section 134.1 Criminal Code Act 1995 (Cth) – Obtaining property by deception

  1. You dishonestly obtained property belonging to another,
  2. You did so by a deception,
  3. You intended to permanently deprive the other of the property, and
  4. The property belonged to a Commonwealth entity.

You are considered to have ‘obtained property’ if:

  1. You received ownership, possession or control of it for yourself or another person,
  2. You enabled ownership, possession or control to be retained by yourself,
  3. You induced a third person to pass ownership, possession or control to another person, or
  4. You induced a third person to enable another to retain ownership, possession or control of it

‘Deception’ means an intentional or reckless deception, whether by words or conduct, and whether as to fact or law, and includes:

  1. A deception as to your intentions or that of another person, and
  2. Conduct that causes a computer, machine or electronic device to make a response you are not authorised to cause.

An act may be ‘dishonest’ even if you intended to pay for it.

Section 134.2 Criminal Code Act 1995 (Cth) – Obtaining a financial advantage by deception

  1. You dishonestly obtained a financial advantage from another,
  2. You did so by a deception, and
  3. The advantage was obtained from a Commonwealth entity.

Section 135.1(1) Criminal Code Act 1995 (Cth) – General dishonesty

  1. You acted with the intention to obtain a gain from another,
  2. You did so dishonestly, and
  3. The other was a Commonwealth entity.

It is not necessary for the prosecution to prove that you knew the other was a Commonwealth entity.

Section 135.1(3) Criminal Code Act 1995 (Cth) – Dishonesty causing a loss

  1. You acted with the intention of causing a loss to another,
  2. You did so dishonestly, and
  3. The other was a Commonwealth entity.

Again, it not necessary for the prosecution to prove that you knew the other was a Commonwealth entity.

Section 135.1(5) Criminal Code Act 1995 (Cth) – General dishonesty causing a loss

  1. You caused a loss or created a risk of loss to another
  2. You did so dishonestly
  3. You knew or believed that a loss would occur, or that there was a substantial risk of a loss occurring, and
  4. The loss or risk of loss was against a commonwealth entity

Once again, it not necessary for the prosecution to prove that you knew the other was a Commonwealth entity.

Section 135.2 Criminal Code Act 1995 (Cth) – Obtaining a financial advantage

  1. You engaged in conduct that caused you or another to obtain a financial advantage,
  2. You knew or believed that you or the other was not eligible to receive that financial advantage, and
  3. The advantage was obtained from a Commonwealth entity.

What are the Penalties?

The maximum penalties for the most common Centrelink offences are as follows:

  • 10 years’ imprisonment for the offences of obtaining property or a financial advantage by deception (s134.1(1) and s134.2(1) of the Criminal Code),
  • 10 years’ imprisonment for the offence of general dishonesty causing a loss (s135.1 (5) of the Criminal Code), and
  • 12 months’ imprisonment for an offence of obtaining financial advantage (s135.2(1) of the Criminal Code).

It is important to bear in mind that these are maximums, and that the court has any of the following available to it:

What are the Defences?

Our knowledgeable experts can also help you raise a defence to explain your actions, for example:

  • Where you were suffering from a mental illness at the time of the offence (mental illness)
  • Where your conduct was necessary to prevent serious injury or danger (necessity)
  • Where someone threatened or coerced you into committing fraud (duress)

Your Options in Court

Pleading Not Guilty

From time to time we all make mistakes; however it can come as a shock to receive a ‘Notice of Overpayment’ from Centrelink, or a ‘Court Attendance Notice’ from the Commonwealth Director of Public Prosecutions for mistakenly reporting incorrect circumstances or income to Centrelink.

In other cases, Centrelink or the Department of Public Prosecutions may make a mistake by erroneously beginning proceedings against you in relation to alleged Centrelink fraud.

In these cases, you can choose to plead ‘not guilty’ and fight the charges.

To be found guilty of Centrelink fraud, there are two essential elements that the prosecution must prove beyond a reasonable doubt:

  • That your actions or omissions allowed you to obtain a financial benefit from Centrelink
  • That you knew that you were not eligible to receive those financial benefits

This means that in cases where you made an innocent mistake and received a payment or benefit that you otherwise would not have received, you will be found ‘not guilty’ of Centrelink fraud.

Our criminal defence team regularly represents clients in Centrelink fraud matters and can advise you of the steps you can take to protect your innocence.

Unlike other lawyers who may urge you to defend the matter in court, we always strive to have the charges dropped before a court date by writing to the prosecution and raising any issues with their case.

This means that many of our clients are spared the expense and inconvenience of attending court to fight the charges.

Should the prosecution refuse to drop the charges, we can assist you by presenting your side of the story in court, along with any evidence to show that your actions were unintentional.

Our knowledgeable expert fraud lawyers can also help you raise a defence to explain your actions, for example:

  • Where you were suffering from a mental illness at the time of the offence (mental illness)
  • Where your conduct was necessary to prevent serious injury or danger (necessity)
  • Where someone threatened or coerced you into committing fraud (duress)

Pleading Guilty

If you agree to the charges against you, you can elect to plead ‘guilty.’ You will then proceed to sentencing, which is where the court determines the penalty that you will receive.

In some cases, it may be beneficial for you to plead guilty to the charges as soon as possible, as it can result in a more favourable outcome in your case. This is because pleading guilty at an early stage in the proceedings will show the court that you are sorry for your actions.

If you’re thinking about pleading guilty to your Centrelink matter, you may be wondering what kind of penalties you could face.

The maximum sentences for the most common Centrelink offences are as follows:

  • 10 years’ imprisonment for the offences of obtaining property or a financial advantage by deception (s134.1(1) and s134.2(1) of the Criminal Code),
  • 10 years’ imprisonment for the offence of general dishonesty causing a loss (s135.1 (5) of the Criminal Code), and
  • 12 months’ imprisonment for an offence of obtaining financial advantage (s135.2(1) of the Criminal Code).

It is important to bear in mind that these are maximums, and that the court has any of the following available to it:

More Information on Centrelink Fraud

What are the stages in a Centrelink Prosecution?

In many cases of alleged Centrelink fraud, the issues can be resolved at an early stage without having to go to court. There are several steps in a Centrelink prosecution before the matter reaches court:

  1. Notice of Overpayment: This is the first stage in any matter involving a Centrelink overpayment. Centrelink will send you a letter stating that you have been received some benefit or payment that you are not entitled to. You will generally be asked to pay the money back within 28 days; however, if you are experiencing financial hardship, you may be able to arrange to repay the amount over a longer period of time. Alternatively, you can arrange for Centrelink to deduct amounts from your regular payments to repay the debt. They may also deduct money from your bank account. However, even if you repay the debt immediately, Centrelink may still begin an investigation against you where they believe that you have acted fraudulently.
  2. Investigation: If you’ve received a substantial overpayment, or where Centrelink believes that you intentionally committed fraud, it may begin an investigation into the matter. This may occur even if you respond to the Notice of Repayment by repaying the money. Centrelink has broad powers to obtain information about you from various sources, such as your employer, your bank and the Tax Office, however they will not be able to obtain money from your lawyer.
  3. Interview: If you are being investigated by Centrelink, they may ask you to attend an interview to ask questions to determine whether you have acted fraudulently. Because these types of questions may incriminate you, it’s important to seek advice from a lawyer before taking part in a Centrelink interview. Whether or not you decide to take part in an interview, Centrelink may pass your matter to the Commonwealth Director of Public Prosecutions to charge you with a criminal offence.
  4. Prosecution by the Commonwealth Director of Public Prosecutions: If Centrelink decides to pass your matter to the Commonwealth Director of Public Prosecutions, they may decide to begin criminal proceedings against you. You will receive a Court Attendance Notice asking you to attend court to respond to the charges.

Centrelink Fraud FAQs

What is considered a Centrelink fraud case?

‘Centrelink fraud’ is the term commonly used to describe the act of dishonestly obtaining, increasing or continuing to receive federal government social security payments, often by submitting entirely false claims, untrue information within claims or failing to advise of a change in circumstances.

What is an example Centrelink fraud case?

Examples of Centrelink fraud cases include:

  • Submitting entirely false claims for payments of benefits such as Jobseeker, Disability Support Pension, Youth Allowance, Carer Payments, Austudy and the Age Pension.
  • Submitting false information in applications and not informing the organisation of a material change in circumstances with a view to continuing to receive payments.

Who can report Centrelink fraud?

Anyone can report Centrelink fraud by filling out a form online or calling the federal government’s fraud tip-off line.

However, it is important to be aware that making false claims against another can amount to a criminal offence.

Where can I find an expert Centrelink Fraud Lawyer?

If you have received a notice of overpayment from Centrelink or been charged with a Centrelink fraud offence, call Sydney Criminal Lawyers on (02) 9261 8881 or contact us here to arrange a conference with an expert fraud lawyer who is vastly experienced in such cases and has an exceptional track record of achieving positive outcomes.

Why Choose Sydney Criminal Lawyers®?

Going to court can be nerve-racking, but having a strong and compassionate legal team behind you can make the experience significantly easier to deal with.

Here are 12 reasons to choose our multi-award winning legal team:

  1. Proven Track Record of Exceptional Results

    Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases.

    Our legal team devises effective case-strategies and fights hard to have cases dropped entirely or charges downgraded – saving clients the time, expense and stress of a defended hearing or jury trial.

    Where cases nevertheless proceed, our lawyers have an outstanding track record of winning defended Local Court hearings, and complex jury trials in the District and Supreme Courts.

    We also consistently win appeals in the District and Supreme Courts (including the NSWCCA) after clients have received unsatisfactory results with other law firms in the lower courts.We are one of the few firms to achieve successful criminal law appeals in the High Court of Australia.

    Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.

  2. Highest Level of Client Satisfaction

    We have the best and most comprehensive client review record of any law firm in Australia.

    Regular communication, accessibility and quality service are our team’s highest priorities.

    We are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive.

    We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.

  3. Australia’s Most Awarded Criminal Law Firm

    We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.

    The awards recognise our exceptional track record of results, our outstanding client service, the high level of satisfaction we achieve, the affordability of our services and our overall excellence.

  4. Fixed Fees

    We want our clients to know exactly how much their cases will cost from the very start. That’s why we were the first criminal law firm in Australia to publish ‘fixed fees’, back in 2004.

    We offer fixed fees for most types of criminal cases and services.Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.

    Unlike many other law firms, our fixed fees are published on our website – which ensures transparency and certainty.

  5. Free First Appointment

    For those who are going to court, we offer a free first conference of up to an hour with one of our Senior Criminal Defence Lawyers.

    We also offer a free first conference to those who have received an unsatisfactory result after being represented in court by another law firm, or after representing themselves, and wish to appeal.

  6. Specialist Lawyer Guarantee

    We guarantee that only lawyers with substantial criminal defence experience will work on your case and appear for you in court.

    This ensures our clients receive the highest quality representation from an experienced, specialist criminal lawyer.

  7. All NSW Courts

    From Bombala to Broken Hill, our lawyers appear in courts throughout New South Wales – and across Australia for Commonwealth cases.

    And we offer fixed fees for most criminal and traffic law cases throughout the state.

  8. Accredited Specialists

    Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.

    All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005.

    An ‘Accredited Specialist’ is a lawyer who has practised for at least 5 years in a particular field of law (such as criminal law), has passed a rigorous assessment process conducted by the Law Society of NSW, and has been selected by the Specialist Accreditation Committee of the Law Society as an expert in the field.

    Accredited Specialists are required to undertake more training each year than other lawyers and must be successful in having their accreditation renewed every year. Specialist Accreditation is the mark of a true specialist.

    Our firm’s specialist experience ensures you receive the best possible result, whatever your criminal law case may be.

  9. Results-Focused Law Firm

    Our team is passionate about achieving results, and unlike many other law firms, our lawyers do not have monthly financial ‘budgets’ to meet.

    The absence of budgets means our lawyers are entirely focused on achieving optimal results in the shortest space of time; whether by getting charges dropped or downgraded at an early stage or having cases ‘thrown out of court’.

    Not having budgets also means our lawyers are not under pressure to engage in unscrupulous practices such as unnecessarily adjourning cases or ‘overcharging’ clients – which, sadly, is a common complaint against many other lawyers and law firms.

    No budgets encourages regular consultation between lawyers within the firm – promoting an ‘open door’, team environment where lawyers bounce ideas off one another, formulate case strategy together and benefit from each other’s specialised experience, methods, techniques and insights.

    The result is a firm which delivers optimal outcomes in the shortest time periods, at the least expense and stress to our clients.

  10. Team of Lawyers Behind You

    Our clients benefit from the pool of knowledge that only an extensive team of experienced criminal defence lawyers can provide.

    Our lawyers regularly consult one another to stay ‘ahead of the pack’ in the ever-changing field of criminal law – constantly devising, refining and implementing specialised techniques which ensure our clients achieve the best possible outcomes.

    A team approach is particularly important when it comes to serious criminal cases such as murder, commercial drug cases, serious and sexual assaults, large-scale fraud, robbery and other ‘indictable’ cases.

    In such matters, clients reap the benefits of several lawyers devising and executing case strategies which maximise the chances of having cases dropped or downgraded at an early stage, or ‘thrown out of court’ – often saving clients a great deal of cost, time and anxiety.

  11. Familiar with Magistrates and Judges

    Each of our lawyers appears in court on a daily basis, and has done so for years. We have therefore been able to develop an understanding of, and rapport with, magistrates and judges in Sydney and indeed across the state.

    Our team’s extensive experience before the courts ensures your case is tailored to the specific nuances of individual judicial officers, maximising the likelihood of a favourable result.

  12. Convenience

    We have offices in locations across the Sydney Metropolitan Area and beyond, including:

    We offer free parking at our Sydney CBD offices, and all of our offices are close to train stations and bus terminals.

    For those who are unable to attend our offices, we offer conferences by telephone, Skye and FaceTime anywhere around the world.

    If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at info@sydneycriminallawyers.com.au.

Recent Articles

Related Videos

Going to Court? Call For Your Free First Appointment

Main Menu

Follow Us

Ask Our AI Assistant

Disclaimer: Response is AI generated general advice only and should not be relied upon without consulting a lawyer.

Saved Articles & Pages

APPOINTMENT BOOKING FORM

Preferred date for conference
Briefly describe your situation:
Do you have a court date?

Your Review & Rating * mandatory fields

Review Text *
Rating (optional)