Canberra & the ACT · Commonwealth & federal
Centrelink and welfare fraud charges.
A Centrelink or welfare overpayment can become a criminal matter when the Commonwealth alleges it was obtained dishonestly. These are federal matters, usually charged under the Criminal Code (Cth), and repayment, dishonesty and the accuracy of the debt are where they turn.
- Common charges 135.2Obtain financial advantage
- By deceptions 134.2, 10 yearsWhere deception alleged
- InvestigatorServices AustraliaCDPP prosecutes
- Often decisiveRepaymentAnd the debt figure
The Commonwealth offences.
These matters usually start as a debt: an overpayment Services Australia says a person was not entitled to. It becomes criminal when the Commonwealth alleges the advantage was obtained dishonestly, for example by not declaring income or a relationship. The charge chosen, and whether a deception is alleged, decides the exposure.
How these matters run.
Services Australia investigates and refers a brief to the Commonwealth DPP, which prosecutes. The matter is heard in the ACT courts under Commonwealth law. Sentencing is under s 16A of the Crimes Act 1914 (Cth). Repayment of the debt, and the accuracy of the amount alleged, both matter a great deal to the outcome, and a matter that looks serious on the papers often resolves once the debt and the dishonesty are properly examined.
Defences and issues that matter.
The debt figure.
The amount alleged is often built from data-matching, and it can be wrong or overstated. The calculation is examined, because it drives both the charge and the sentence.
Dishonesty.
An honest mistake, a misunderstanding of a complex obligation, or confusion about reporting is not dishonesty. Whether the conduct was dishonest, and not merely wrong, is the central question.
Repayment and the subjective case.
Repayment, financial hardship, health and the circumstances behind the offending are prepared carefully, because they shape the sentence and can support a non-conviction outcome in the right case.
How the matter is run.
The work is to test the debt figure, to examine whether the conduct was really dishonest or just wrong, to arrange or acknowledge repayment where appropriate, and to prepare a subjective case. Many of these matters are resolved well short of a heavy penalty when they are handled properly and early.
Frequently asked.
Is a Centrelink debt a criminal offence?
Not by itself. A debt is a civil overpayment. It becomes a criminal matter only when the Commonwealth alleges the advantage was obtained dishonestly, for example by failing to declare income or a relationship.
Who prosecutes Centrelink fraud?
Services Australia investigates and refers a brief to the Commonwealth DPP, which prosecutes. The matter is heard in the ACT courts under Commonwealth law.
Does paying back the debt help?
It can help significantly. Repayment, together with financial hardship and the circumstances behind the offending, bears on the sentence and can support a non-conviction outcome in the right case. The accuracy of the debt figure is also worth testing.
What is the penalty for Centrelink fraud?
It depends on the charge. Obtaining a financial advantage under s 135.2 carries 12 months. Where a deception is alleged under s 134.2, or general dishonesty under s 135.1, the maximum is 10 years, though the actual sentence depends on the amount and the circumstances.
Contacted by Services Australia or the CDPP about a debt?
A confidential first conference. The brief is read. The realistic options are set out. Speak to Aaron Kernaghan directly before you decide anything.
Request a confidential consult 0421 717 019