Have you been charged with Obtaining a Financial Advantage by Defrauding Centrelink?
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What does it mean to be charged with obtaining financial advantage by defrauding Centrelink?
Section 135.2 of the Criminal Code Act 1995 (Cth) criminalises conduct where a person obtains a financial advantage from a Commonwealth entity (e.g., a government department or agency) either for themselves or for another person, knowing they are not eligible for that advantage. The offence covers both direct and indirect financial benefits and is intended to protect public funds from fraud and dishonesty.
What the Prosecution Must Prove
- For Section 135.2(1) – Obtaining financial advantage for oneself:
- You engaged in conduct (this can be any action or omission).
- As a result of that conduct, you obtained a financial advantage from another person (a Commonwealth entity).
- You knew or believed they were not eligible to receive that financial advantage.
- The financial advantage came from a Commonwealth entity (this element carries absolute liability, meaning the prosecution does not have to prove that you were aware the other party was a Commonwealth entity).
- For Section 135.2(2) – Obtaining financial advantage for another:
- You engaged in conduct.
- a result of that conduct, another person obtained a financial advantage from a third party (a Commonwealth entity).
- You knew or believed the other person was not eligible to receive that financial advantage.
- The third party (the one giving the financial advantage) is a Commonwealth entity (absolute liability applies here as well).
- For Section 135.2(3) – Indirect financial advantage:
- A person is taken to have obtained a financial advantage for another person if they induce a Commonwealth entity to do something that results in the other person obtaining the financial advantage.
- Absolute Liability:
- For both subsections (1)(b) and (2)(b), absolute liability applies. This means that for the element of the offence requiring that the other party is a Commonwealth entity, the prosecution does not need to prove that you were aware that the entity was a Commonwealth entity. This makes it easier for the prosecution to establish this element of the offence.
Penalties for defrauding Centrelink:
The penalty for breaching Section 135.2 (whether for oneself or for another person) is imprisonment for up to 12 months. This penalty reflects the seriousness of defrauding or dishonestly obtaining financial benefits from government resources or entities. The use of absolute liability for the Commonwealth entity element reinforces the strictness of the offence.
Where will my case be heard?
Obtaining a financial advantage against a Commonwealth entity such as Centrelink falls under the Commonwealth jurisdiction. Your case may be heard in the Magistrates’ Court or the County Court depending on the value of the deception being alleged.
Factors and defences to consider:
- Did you engage in conduct that was deliberately deceptive towards Centrelink?
- Did someone else engage in conduct that was deliberately deceptive on your behalf?
- Did you obtain a financial advantage for yourself or another?
- Were you entitled to this financial advantage?
- Did you forge any documents?
- How long did you obtain a financial advantage?
- How much money did you obtain in total?
- What were the surrounding circumstances of your offence?
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What happens next?
If you have been accused of obtaining a financial advantage, it is likely that an investigation by a Commonwealth entity, such as Centrelink, will follow. You may be asked to participate in a voluntary interview regarding your claims. It is crucial that you seek legal representation before attending this interview.
Should the investigation proceed, you may be formally charged with obtaining a financial advantage. At this point, you will be required to appear in court to respond to the charges.
There are several defences available to challenge these allegations, but it is essential to contact a criminal lawyer immediately. Do not delay in seeking expert legal from MK Law on 1800 130 120 advice to ensure the best possible outcome for your case.
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