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Centrelink Fraud Lawyers On The Sunshine Coast, QLD
Under Section 135.2 of the Criminal Code Act (1995), Centrelink Fraud charges are brought when someone engages in conduct in order to obtain financial advantage while knowing that they are not eligible to receive that financial advantage.
At Smith Criminal Law we understand that being charged with Centrelink Fraud can cause significant stress. It can be easy to feel overwhelmed.
Securing an experienced criminal lawyer is the first step towards giving yourself the best chance of success in your case. It also gives you peace of mind that you’ve got legal experts on your side.
Examples of conduct that may result in Centrelink Fraud charges include:
- Claiming Job Seeker allowance from Centrelink when also employed full time
- Claiming single parent benefit when residing with a spouse who contributes financially to household expenses.
Unfortunately, these offences are often committed by people who do not understand the seriousness with which they are treated under the law.
Charges of Centrelink Fraud are brought by the Commonwealth but if you are in Queensland the process will be carried out within Queensland courts.
Penalties for Centrelink Fraud can include prison sentences.
If the obtained amount is lower than $25 000, an intensive correction order (supervised by Queensland Corrective Services) is a likely outcome. This may be in conjunction with specific requirements such as community service.
If you are found guilty and the obtained amount is more than $25 000, a prison sentence is a likely outcome. The duration of the sentence will be reflective of the financial amount obtained and/or the duration over which the fraud took place.
In both cases, an order will be drawn up to manage repayment of the relevant amount to the Government.
Smith Criminal Law: Your Lawyer for Centrelink Fraud Charges
The Smith Criminal Law team have extensive experience in criminal law cases. We can help you through the complex legal processes involved in Commonwealth offences.
Our lawyers will take the time to learn the details of your situation and to understand how charges came to be laid. This puts us in the best position to craft a suitable response to your case, giving you the very best chance of achieving the outcome you want.
If you are found guilty of Centrelink fraud, there are many considerations which the Court must take into account when sentencing.
A skilled lawyer will examine these carefully in relation to your case in order to build an argument for leniency.
These factors include:
- How the illegally obtained funds were used (whether it was to support day to day living or to carry out a lavish lifestyle)
- Your conduct, including showing contrition
- Your personal circumstances and whether you need to care for dependents
- Loss resulting from the offence
- Cooperation with law enforcement officers
- Whether this is a first offence
- Whether you have entered a guilty plea
- Your employment status if relevant to repayments required.
Expert legal advice can be the different in a Centrelink Fraud case: a carefully considered approach to the charges you face could well save you from a prison sentence.