- For obtaining a financial advantage: 12 months’ imprisonment
- were under duress;
- have a factual dispute;
- had a lack of intention;
- identification dispute; or
- suffer from a mental impairment.
Fraud can range from using a false statement on a claim form, to using multiple identities to claim several social security benefits, to highly sophisticated international financial structures designed to avoid tax. The Commonwealth Director of Public Prosecutions (CDPP) prosecute a wide range of commonwealth fraud offences, including aged care fraud, Medicare fraud, tax fraud, and social security fraud. Allegations of social security fraud (referred to colloquially as ‘Centrelink fraud’) are the most common fraud allegations we deal with at Caldicott Lawyers. The Department of Human Services refers allegations of Centrelink fraud to the CDPP.
The main offences relating to Centrelink fraud include:
The maximum penalties are:
It may be a defence to the charge that you:
If you are charged with obtaining property by deception, the prosecution must prove that:
If you are charged with obtaining a financial advantage by deception, the prosecution must prove that:
If you are charged with general dishonesty, the prosecution must prove that:
If you are charged with general dishonesty (cause of loss or risk of loss), the prosecution must prove that:
If you are charged with obtaining a financial advantage, the prosecution must prove that:
Call us on (08) 8110 7900 to make an appointment with one of the knowledgeable lawyers for assistance with your matter.