Centrelink Fraud

Defrauding the Commonwealth Government to obtain Centrelink benefits is considered a very serious offence and it is very common for people to be prosecuted in the courts. This is because Centrelink fraud not only has negative impacts on the integrity of the social security system, but it also attracts public pressure from time to time due to intense media coverage. As a result, such cases tend to be prosecuted to their full extent as a matter of deterrence. 

Many people are inadvertently caught up in Centrelink fraud merely for failing to deal with a situation properly. For example, where you know or suspect to have received benefits incorrectly, you should seek legal advice immediately from McGirr & Associates to understand your position as Centrelink will normally request that you participate in a video-recorded interview as part of their investigations. While it is voluntary, you must proceed carefully as whatever you say in that interview can be used against you in court.

Other examples of Centrelink fraud include:

  • claiming a Centrelink payment when you know that you are not eligible to receive that payment;

  • making false statements such as exaggerating a medical condition or understating your income; or

  • submitting false documents such as forged pay slips or bank statements

These charges are not simple to defend as Centrelink has access to various data-matching facilities, payment cheques and banking information through the Australian Taxation Office. While the error might not be noticed immediately, eventually Centrelink will notice it and will be obliged to take further steps. This is why you should not treat Centrelink fraud lightly - in the 2011-12 financial year, 57% of people prosecuted for Centrelink fraud were sentenced to immediate imprisonment.

If you are charged with Centrelink fraud, you should call Paul FC McGirr on 0405 508 099 so we can advise you on how to proceed and begin to prepare a defence. It can be the case that Centrelink made errors in their calculations or misinterpreted the information you supplied. Ultimately, they must prove beyond a reasonable doubt that you had the necessary criminal intent. Obtaining legal advice at the first available opportunity will assist you in achieving the best outcome. Let McGirr & Associates do the worrying.