Centrelink Fraud | Centrelink Offences

If Centrelink has sent you a 'notification of debt', they will then take certain steps to decide whether your case will be referred to the 'DPP' (ie the government solicitors) for criminal prosecution.

1. Notification of Overpayment
   Centrelink will initially decide that you have been overpaid, or paid for a benefit to which you are not entitle. A letter will then be sent requesting that you repay the money. It is important to be aware that you may be prosecuted whether or not you cooperate with Centrelink and repay the money.

2. Investigation
   If your overpayment is substantial and/or Centrelink believes that you intentionally gave incorrect information and/or intentionally withheld information, it may investigate your case further. Centrelink has wide powers to obtain information. It can obtain information from other people or organisations such as your employer, your bank and the Australian Tax Office. However, Centrelink cannot obtain information about you from your criminal lawyer.

3. Centrelink interview
   Centrelink may ask you to attend a prosecution interview. The purpose of this interview is to ask you questions which might prove that you committed a criminal offence. You should always obtain advice from a criminal lawyer before participating in an interview. This is because your answers will often increase the strength of the case against you. Whether or not you participate in an interview, Centrelink may recommend that the Commonwealth DPP charge you with a criminal offence. The DPP makes the final decision about which cases should be prosecuted.

4. The Commonwealth DPP
   When the DPP receives your case from Centrelink, it will decide if a criminal offence can be proven. It might ask Centrelink to do more investigation. If it thinks an offence can be proven, the DPP will start proceedings in court. If it decides not to proceed, you will receive a letter. Sometimes the DPP takes more than six months to reach a decision.

You will get a court attendance notice (CAN) if you are going to be prosecuted. This document that tells you the time and date you have to attend a court. The CAN will specify the charges, and the address of the court you have to attend. A CAN/s is usually given to a person by a police officer, but does not involve being arrested.

If you receive a CAN, you should immediately seek the advice of a criminal lawyer experienced in Centrelink matters.

If you have received a CAN, your first appointment with Sydney Criminal Lawyers is free. You can call us 24 hours a day, 7 days a week to arrange a conference.

The penalties vary depending on the seriousness of the offence, your attitude to the offence, any history of previous offences and your circumstances. The court can impose penalties ranging from good behaviour bonds and fines to community service orders and up to 10 years imprisonment for some offences.

The court may also make a “reparation order” which is an order requiring you to repay the debt to Centrelink.

Yes, even if the court does not make a reparation order, you will have to repay a debt unless the court says that it imposed a prison sentence or a longer sentence because you were unable or unwilling to repay the debt.

• ...about the debt?
  If you accept that you owe the debt, you should start repaying the debt by instalments, either from your Social Security or Family Tax Benefit payments, or from other sources of income. If you think you do not owe the money or the amount is wrong, you should contact a criminal lawyer immediately for advice as to how to appeal against the debt.

• …if I have circumstances that should be considered in deciding whether or not to prosecute?
  If there is information you would like the Centrelink investigator or the DPP to consider, you should contact a crimina lawyer for advice as to whether it would be appropriate to write a letter to Centrelink or to the DPP. Sydney Criminal Lawyers can assist you in writing the letter or write it on your behalf. In some cases the DPP will stop prosecution action because it is not in the public interest to prosecute you. This may include circumstances relating to new information, your health, disability or social situation.

• …if I receive a court attendance notice (CAN)?
  If you have received a CAN (or believe you may receive a CAN), you should contact a criminal lawyer immediately for advice and/or representation.

Sydney Criminal Lawyers can help you by:

• giving you accurate advice as to whether you are likely to be charged with a criminal offence/s, about what you should do to protect yourself, about whether you should plead 'guilty' or 'not guilty' if charged, about your options, about how your case will progress and what will be done to defend you, the likely outcome/s etc,
• persuading the DPP not to bring criminal charges against you;
• persuading the DPP to 'drop' charges against you on the basis of 'honest and reasonable mistake', insufficient evidence, trivial offence etc,
• if you wish to plead 'guilty', by putting you in the best position at sentencing and persuading the Magistrate or Judge to give you the most lenient sentence possible, including a 'section 10' (no criminal record, no fine).