Australia spends over 195 billion in welfare-related services for its citizens in a year. These benefits are crucial to Australians of all ages. However, these benefits are also open to fraud being committed as they are easy to commit and difficult to detect. As such the penalties for this kind of matter tough.
For example, a Queensland grandmother was jailed for unlawfully receiving over $108,000 in carer payments. Another example of Centrelink fraud was the arrest of a Sydney local for allegedly stealing more than $130,000 in Covid-19 Centrelink payments.
If you have questions about any potential Centrelink offences, contact a top criminal Brisbane lawyer to address your concerns.
How Is Fraud Defined?
In general, fraud occurs when a person obtains something of value (like goods, money, a service, or property) but does not tell the truth in the process of obtaining it.
A person has committed fraud if they have dishonestly:
- Taken possession of property that belonged to someone else
- Applied another person’s property to their own use
- Caused another person or party to suffer a detriment
- Obtained a benefit or advantage for someone
- Had property delivered to another person
A specific example of fraud would be claiming Centrelink benefits you are not entitled to. Penalties for Centrelink offences are severe. The penalty for fraud can be up to 10 years in prison.
Did Centrelink Overpay You? Call a Top Criminal Brisbane Lawyer
Centrelink overpayments have become quite common, so it is an easy trap to fall into. It can be considered fraud if you neglect to tell Centrelink that you’ve started working or currently have a de facto partner.
If you know you’ve been overpaid, consider speaking with a lawyer. You may also want to get legal advice if you didn’t know you were being overpaid but were told you were at a later time.
Let’s say you’ve been overpaid and have paid all the money back or are on an instalment plan to pay it back. You could still be charged with a criminal offence and would benefit from ascertaining your legal rights.
What’s the Procedure if I’ve Been Overpaid?
If overpayments have occurred, Centrelink may ask you to come in for an interview. You don’t have to attend an interview, but if you do, speak to a lawyer beforehand.
Be aware that Centrelink can record what you say in the interview and use that as evidence against you later in court. Again, getting advice from an experienced lawyer is advised prior to undertaking any interview.
You have the right to ask Centrelink for written documentation showing what payments have been made and how you have been overpaid.
What Will a Lawyer Do for Me?
Most overpayment offences require a person to fully know that their actions would result in an overpayment from Centrelink. Therefore, a common defence a lawyer may raise is that you did not intend to commit the fraud.
It is common for people to be confused about their obligations and not know what information they should disclose to Centrelink. In addition, there can sometimes be a problem with Centrelink’s calculations. A lawyer will assess the facts of your case and plan your defence accordingly.
An experienced criminal lawyer will also represent you during the court proceedings if you intend to plead guilty to the charge, They will put your matter before the Court in a way to mitigate your penalty. The starting point for most Centrelink fraud is a period of imprisonment, so obtaining expert advice is vital.
Conclusion
The Centrelink system is vast and impacts millions of Australians. Problems and mistakes will inevitably occur. If you or a family member needs help with a Centrelink issue, do not hesitate to contact a top criminal Brisbane lawyer for advice.