Centrelink fraud penalties

The most common charge in these matters is obtaining a financial advantage from a Commonwealth entity, section 135.2(1) Criminal Code 1995 (Commonwealth). This carries a maximum penalty of 12 months jail and/or a fine of $6,600. It is a summary offence which means it can only be dealt with in the Local Court. The vast majority of people charged with a Centrelink offence are charged under this section and dealt with in the Local Court.

However, in some cases the prosecution may decide that the conduct alleged is so serious that the matter should be dealt with in the District Court. This means that maximum penalties increase (up to 10 years imprisonment), and the matter will be heard and determined in the District Court before a Judge and possibly a jury if the matter is defended.

Other less commonly charged offences include making a false statement in a claim for a benefit, s.136 Criminal Code 1995 (Cth).If you receive a Court Attendance Notice you have been formally charged. You should seek the assistance of solicitor as soon as possible.

Centrelink Fraud Sentencing Statistics

The 3 most common charges that the Commonwealth DPP proceeds with are:

• 1. Dishonestly obtain a financial advantage (Section 135.2(1) of the Criminal Code ACT 1995)
• 2. Dishonestly cause a loss (Section 135.1(5) of the Criminal Code ACT 1995)
• 3. Obtain a financial advantage by deception (Section 134.2(1) of the Criminal Code ACT 1995)

The statistics below outline the penalties that have been imposed upon offenders charged with these 3 offences.

Dishonestly obtain a financial advantage - Section 135.2(1) Criminal Code Act

Dishonestly cause a loss - Section 135.1 Criminal Code Act 1995

The average length of the jail sentence imposed upon the 15 offenders was 18 months.

2 offenders received 12 months jail, 7 offenders received 18 months jail, 4 offenders received 2 years jail, 1 offender received 2 ½ years jail and 1 offender received 3 years jail.

Obtain a financial advantage by deception - Section 134.2(1) Criminal Code Act

The average length of the jail sentence imposed upon the 23 offenders was 3 years.

2 offenders received 18 months jail, 3 offenders received 2 years jail, 7 offenders received 2 ½ years jail and 4 offenders received 3 years jail, 3 offenders received 3 ½ years jail, 1 offender received 4 years jail, 1 offenders received 4 ½ years jail, 1 offender received 6 years jail and 1 offenders received 7 years jail.