Australia's legal information and law firm referral service
AussieLegal.com.au
call 1300 728 200  
 
  FAQ FAQ  Forum Search   Register Register  Login Login

centrelink fraud

 Post Reply Post Reply Page  12>
Author
  Topic Search Topic Search  Topic Options Topic Options
confused83 View Drop Down
Newbie
Newbie


Joined: 18/October/2009
Location: Australia
Posts: 10
  Quote confused83 Quote  Post ReplyReply Direct Link To This Post Topic: centrelink fraud
    Posted: 20/October/2009 at 15:39
At the moment i am feeling so scared, over the weekend i got summons to go to court over a debt with centrelink, to give you a bit of background info i was on single parent payment and reported my earnings every fortnight, while working at one job i wasnt given payslips so it was really hard to work out especially if i was having sick days, over time etc, another job was full time and i had been given the wrong info and had reported to centerlink my net income instead of gross for a few months, then my other job i didnt receive all my payslips and usually get alot of payslips at once, because my life was really full on with raising the kids and working full time i made a huge mistake and never double checked the pay slips i received, all this happened between 2005 - 2008, I found out about the mistakes i had made at the end of last year and soon as i knew about the debt i started a payment plan straight away. The total of the debt is $14 000. I always did my tax returns and thought that the ato and centrelink did a data match to make sure everything was correct. It wasnt consistant the under estimation of my income there was some over estimation etc. after the debt had been worked out a centrelink employee contacted me and asked for me to go in for a interview to work out what had gone wrong and to sort out the situation, informed me just to bring a friend or relatived if i wanted to and not to worry about seeking legal advise. I went for the interview and she informed me not to worry it was normal process but she was going to read me my rights and that was normal and it was just to sort out the problem. As far as i knew i was only there with a centerlink worker to find out what went wrong then she told me she was a fraud investigator, i feel like i was under false pretences at that interview, it felt like a trap to get me to admit to something i didnt do on purpose. She showed me a table of all the estimates etc and basically that was it. She also informed me i would get a transcript within 7 days of the interview which i never received and when i asked for it she refused it to me, she also refused me having a copy of the table she had done up with all the reportings of my income etc. I told her i didnt receive my payslips for one job and it was a honest mistake. I am seeing a solicitor next tuesday about this but i am so scared, i dont want to go to jail and miss out on seeing my kids. Can anyone please give me advise on this, i have never been in trouble with the law before and i am feeling so sick just thinking about it.
DIY Legal Kits: Wills, Powers of Attorney, Divorce, Probate, Prenups, De Facto, Consent Orders  Paralegal Services: Probate, Letters of Admin, Prenups, De Facto, Separation, Consent Orders  Back to Toptop
Jewlesy View Drop Down
Groupie
Groupie
Avatar

Joined: 10/August/2009
Location: Australia
Posts: 53
  Quote Jewlesy Quote  Post ReplyReply Direct Link To This Post Posted: 20/October/2009 at 17:17
You wont go to jail for this, judges dont like to put mothers away! Alot of these cases lead to restitution and community service, and that includes cases of deliberate fraud such as moving in with a partner or getting a job and purposely keeping it a secret from centrelink. In the grand scheme of things your debt is small and unintentional and you have already offered restitution. All of these things should lead the judge towards leniancy :)
DIY Legal Kits: Wills, Powers of Attorney, Divorce, Probate, Prenups, De Facto, Consent Orders  Paralegal Services: Probate, Letters of Admin, Prenups, De Facto, Separation, Consent Orders  Back to Toptop
confused83 View Drop Down
Newbie
Newbie


Joined: 18/October/2009
Location: Australia
Posts: 10
  Quote confused83 Quote  Post ReplyReply Direct Link To This Post Posted: 21/October/2009 at 11:04
thanks for response jewlesy, still so nervous about it all, as i said before i have never been in trouble with the law before, not even a speeding fine!
DIY Legal Kits: Wills, Powers of Attorney, Divorce, Probate, Prenups, De Facto, Consent Orders  Paralegal Services: Probate, Letters of Admin, Prenups, De Facto, Separation, Consent Orders  Back to Toptop
diversion View Drop Down
Senior Member
Senior Member


Joined: 20/July/2009
Location: Australia
Posts: 140
  Quote diversion Quote  Post ReplyReply Direct Link To This Post Posted: 21/October/2009 at 12:27
Start repaying back as much as you can right now. This is the best thing you can do to save yourself in court.

You need to stress to the judge that it was not a calculated attempt at fraud, it was a mere mistake on your behalf due to miscalculations.

You will not go to jail 100%.

You may get a fine with or without conviction, maybe community service.

Centrelink fraud is one of the most common offences seen in Magistrates courts, along with driving offences.

Dont stress, you will be ok and everything will be sorted out.

See a lawyer.

Edited by diversion - 21/October/2009 at 12:28
DIY Legal Kits: Wills, Powers of Attorney, Divorce, Probate, Prenups, De Facto, Consent Orders  Paralegal Services: Probate, Letters of Admin, Prenups, De Facto, Separation, Consent Orders  Back to Toptop
TechSpec View Drop Down
Senior Member
Senior Member
Avatar

Joined: 16/April/2009
Location: Australia
Posts: 484
  Quote TechSpec Quote  Post ReplyReply Direct Link To This Post Posted: 21/October/2009 at 21:26
To say:
"You will not go to jail 100%"
is WRONG!!! and very misleading to say the least.
BadCop Watch: Australia's most informative website on cops gone bad...

DIY Legal Kits: Wills, Powers of Attorney, Divorce, Probate, Prenups, De Facto, Consent Orders  Paralegal Services: Probate, Letters of Admin, Prenups, De Facto, Separation, Consent Orders  Back to Toptop
diversion View Drop Down
Senior Member
Senior Member


Joined: 20/July/2009
Location: Australia
Posts: 140
  Quote diversion Quote  Post ReplyReply Direct Link To This Post Posted: 22/October/2009 at 10:13
Originally posted by TechSpec

To say:
"You will not go to jail 100%"
is WRONG!!! and very misleading to say the least.


OK sorry, nothing is 100%... there are some judges that are clearly out to drink blood.

But in majority situations in Australia, you will get a much more lenient sentence as opposed to in UK or US.
DIY Legal Kits: Wills, Powers of Attorney, Divorce, Probate, Prenups, De Facto, Consent Orders  Paralegal Services: Probate, Letters of Admin, Prenups, De Facto, Separation, Consent Orders  Back to Toptop
badluck View Drop Down
Newbie
Newbie
Avatar

Joined: 23/October/2009
Location: Australia
Posts: 12
  Quote badluck Quote  Post ReplyReply Direct Link To This Post Posted: 23/October/2009 at 01:14
i actually was in court today for the same thing, reported some fortnightly income wrongly assumed that when i did tax it would work it self out , but apparnetly not , i have never been in trouble before and got a good behavour bond for 2 years and a criminal record, mine was for $8 k over a period of 4 years, i can fight the charges but it has cost me over 6k so far and at the end of the day you cant beat centrelink, plus with my job i cant have a criminal record
xsffsdfsd
DIY Legal Kits: Wills, Powers of Attorney, Divorce, Probate, Prenups, De Facto, Consent Orders  Paralegal Services: Probate, Letters of Admin, Prenups, De Facto, Separation, Consent Orders  Back to Toptop
badluck View Drop Down
Newbie
Newbie
Avatar

Joined: 23/October/2009
Location: Australia
Posts: 12
  Quote badluck Quote  Post ReplyReply Direct Link To This Post Posted: 23/October/2009 at 01:18
get a lawyer apparently each offence is 1 year jail time ( max penalty)
(i had 9 offences for 4 year period,)
xsffsdfsd
DIY Legal Kits: Wills, Powers of Attorney, Divorce, Probate, Prenups, De Facto, Consent Orders  Paralegal Services: Probate, Letters of Admin, Prenups, De Facto, Separation, Consent Orders  Back to Toptop
confused83 View Drop Down
Newbie
Newbie


Joined: 18/October/2009
Location: Australia
Posts: 10
  Quote confused83 Quote  Post ReplyReply Direct Link To This Post Posted: 23/October/2009 at 08:25
yeh i see my lawyer next tuesday, i am hoping that it doesnt drag on to long cause i am not handling the stress well at all. the centrelink employee i had the interview with refused to give me the information with all the time i had wrongly reported my income and also refused to give me a transcript of the interview, but on the recording she said she would send it out within 7 days. badluck were u on the single parent payment as well??
DIY Legal Kits: Wills, Powers of Attorney, Divorce, Probate, Prenups, De Facto, Consent Orders  Paralegal Services: Probate, Letters of Admin, Prenups, De Facto, Separation, Consent Orders  Back to Toptop
jaazzz View Drop Down
Groupie
Groupie


Joined: 19/September/2009
Location: Australia
Posts: 73
  Quote jaazzz Quote  Post ReplyReply Direct Link To This Post Posted: 23/October/2009 at 08:47
Originally posted by confused83

the centrelink employee i had the interview with refused to give me the information with all the time i had wrongly reported my income and also refused to give me a transcript of the interview, but on the recording she said she would send it out within 7 days.


That is totally wrong of them, you have the right to see the evidence against you.
When you see the lawyer, tell him about it cause I'm pretty sure he will demand it be presented before any hearing. They should do that even without a lawyer acting for you.

A reasonably high profile case of centrelink fraud was reported in the press recently where this person claimed payments whilst receiving about $70,000 in compensation money. She did not get jail time
DIY Legal Kits: Wills, Powers of Attorney, Divorce, Probate, Prenups, De Facto, Consent Orders  Paralegal Services: Probate, Letters of Admin, Prenups, De Facto, Separation, Consent Orders  Back to Toptop
badluck View Drop Down
Newbie
Newbie
Avatar

Joined: 23/October/2009
Location: Australia
Posts: 12
  Quote badluck Quote  Post ReplyReply Direct Link To This Post Posted: 28/October/2009 at 21:57
yeah i was , but i wasnt called in to explain myself i just got a court notice , mind you it was for the year 2004. they dont care if your are actually under the yearly figure its what you report each fortnight
xsffsdfsd
DIY Legal Kits: Wills, Powers of Attorney, Divorce, Probate, Prenups, De Facto, Consent Orders  Paralegal Services: Probate, Letters of Admin, Prenups, De Facto, Separation, Consent Orders  Back to Toptop
badluck View Drop Down
Newbie
Newbie
Avatar

Joined: 23/October/2009
Location: Australia
Posts: 12
  Quote badluck Quote  Post ReplyReply Direct Link To This Post Posted: 28/October/2009 at 22:00
from the time i got my court papers and til the last court appearance it has taken 18 mths ,i have 3 weeks to make up my mind if i wont to appeal the decision , but you cant beat centrelink. i had to get finger printed the other day..
xsffsdfsd
DIY Legal Kits: Wills, Powers of Attorney, Divorce, Probate, Prenups, De Facto, Consent Orders  Paralegal Services: Probate, Letters of Admin, Prenups, De Facto, Separation, Consent Orders  Back to Toptop
confused83 View Drop Down
Newbie
Newbie


Joined: 18/October/2009
Location: Australia
Posts: 10
  Quote confused83 Quote  Post ReplyReply Direct Link To This Post Posted: 29/October/2009 at 17:06
badluck... how come you got finger prints done?? is that normal? I spoke to my lawyer and he said basically that there is no point fighting it cause the charges against me are for finanical advantage and basically i am guilty of that as the money did reach my bank account. we still havent received any information from centrelink in regards to the times it happened where i had incorrectly reported so at this stage it looks like the court date will get ajorned. My lawyer also said nearly all these cases end up with a conviction record
DIY Legal Kits: Wills, Powers of Attorney, Divorce, Probate, Prenups, De Facto, Consent Orders  Paralegal Services: Probate, Letters of Admin, Prenups, De Facto, Separation, Consent Orders  Back to Toptop
leagle View Drop Down
Senior Member
Senior Member
Avatar

Joined: 09/January/2006
Location: Australia
Posts: 565
  Quote leagle Quote  Post ReplyReply Direct Link To This Post Posted: 29/October/2009 at 19:39
I have always maintained in these forums as many of you would be aware that the very first thing you should do CALMLY when a government authority accuses you of an offense...and you have a right to discover this....is to ask for the EVIDENCE as used for the basis of the accusation...that is the documents concerned and a detailed explanation in writing of the xytical and legal conclusion for that accusation   You should request copies of these. You can then ask for a period...say a week to scrutinise the evidence and any other matter as connected with it. You should NEVER go unprepared to any interview of any kind
DIY Legal Kits: Wills, Powers of Attorney, Divorce, Probate, Prenups, De Facto, Consent Orders  Paralegal Services: Probate, Letters of Admin, Prenups, De Facto, Separation, Consent Orders  Back to Toptop
badluck View Drop Down
Newbie
Newbie
Avatar

Joined: 23/October/2009
Location: Australia
Posts: 12
  Quote badluck Quote  Post ReplyReply Direct Link To This Post Posted: 30/October/2009 at 22:49
i got finger printed because i got 2 year good behavour bond and a criminal record "against the commonwealth government" basicaly a fraud charge.. they where looking at weekend detention but i work weekends and they dont do weekend detentions during the week days .. basically be ready to get a criminal record plus one of these
weekend detention
comunity service about 200 hours
jail
good behavour bond

if you dont work weekends at the moment i would suggest you get a weekend job so you dont have to do weekend detention, having kids wont save you from going to jail, it depends on the magistrate, and how many years this went on for, and if you didnt bother to try and contact them to tell them the income reported at the time was wrong, i didnt bother to read there letters ( who does)and they where letters about updating my income estamites, as i thought it would all pan out over the year..
basically i was crapping my pants as i have 2 kids (one under a year)and if my job finds out about the charges im jobless







xsffsdfsd
DIY Legal Kits: Wills, Powers of Attorney, Divorce, Probate, Prenups, De Facto, Consent Orders  Paralegal Services: Probate, Letters of Admin, Prenups, De Facto, Separation, Consent Orders  Back to Toptop
badluck View Drop Down
Newbie
Newbie
Avatar

Joined: 23/October/2009
Location: Australia
Posts: 12
  Quote badluck Quote  Post ReplyReply Direct Link To This Post Posted: 30/October/2009 at 22:57
honestly dont waste your money i should of just pleaded guilty got it over and done with and saved myself $6500 as i got the some out come taking it futher.just make sure the money is paid back before you go to court as it will work a little in your favour, and if you have a gambling problem or drug problem say so, as on my first appearance there where other people there and they where all using these excueses and i think it helped them a little as well as to why they did it..
xsffsdfsd
DIY Legal Kits: Wills, Powers of Attorney, Divorce, Probate, Prenups, De Facto, Consent Orders  Paralegal Services: Probate, Letters of Admin, Prenups, De Facto, Separation, Consent Orders  Back to Toptop
badluck View Drop Down
Newbie
Newbie
Avatar

Joined: 23/October/2009
Location: Australia
Posts: 12
  Quote badluck Quote  Post ReplyReply Direct Link To This Post Posted: 30/October/2009 at 23:03
maybe find out what day the court hearings are on and go and watch them to see what the others are getting as punishment and what they are saying to help you with your court day.. its actually interesting and you will be surprised to see how many peolpe are in the same vote as us..this may help you prepare for yours.. i hope i have helped you a little bit, i dont wont to scare you but i wont you to be prepared for yours as i didnt know anyone that this has happened to before other then myself
xsffsdfsd
DIY Legal Kits: Wills, Powers of Attorney, Divorce, Probate, Prenups, De Facto, Consent Orders  Paralegal Services: Probate, Letters of Admin, Prenups, De Facto, Separation, Consent Orders  Back to Toptop
confused83 View Drop Down
Newbie
Newbie


Joined: 18/October/2009
Location: Australia
Posts: 10
  Quote confused83 Quote  Post ReplyReply Direct Link To This Post Posted: 31/October/2009 at 10:14
badluck.. what state are you in? my lawyer said there are a few options before going to jail aned usually the magistrate only sends you to jail if he feels that is the right punishment.. its so confusing what to do, the centrelink person i had the interview with told me to only pay minimal repayments and not to increase it and when i offered to pay a lump sum she said not to and now my lawyer has said that it would have worked in my favour if i had gone and that. basically my lawyer has said to plead guilty cause they are charging me for finical advantage of the commonwealth government basically and I did receive the money into my bank account even though i wasnt delibratly frauding the system, i do now regret not writing down the persons name and date and time when i spoke to centrelink and was given the wrong information when reporting. we still havent received any of the information from centrelink in regards to the charges. the court date is the 11th of november so we are going to get it adjorned till we get to go over centrelinks side of the charges. I'm really not having a great time at the moment with all this stuff and just found out that i have cancer. so im really hoping this centrelink stuff doesnt drag on to long.
DIY Legal Kits: Wills, Powers of Attorney, Divorce, Probate, Prenups, De Facto, Consent Orders  Paralegal Services: Probate, Letters of Admin, Prenups, De Facto, Separation, Consent Orders  Back to Toptop
leagle View Drop Down
Senior Member
Senior Member
Avatar

Joined: 09/January/2006
Location: Australia
Posts: 565
  Quote leagle Quote  Post ReplyReply Direct Link To This Post Posted: 31/October/2009 at 11:13
Badluck...you seem to be similiar in predicament to those guys in those old B&W "film noir" movies of old....where they get all these bad breaks right throughout the movie. Fingerprinted? Charged with criminal fraud? What did you do....steal from the taj mahal? And now you say that you have cancer???? Gees you are certainly meeting a lot of uncompassionate people in law enforcment/judiciary??
DIY Legal Kits: Wills, Powers of Attorney, Divorce, Probate, Prenups, De Facto, Consent Orders  Paralegal Services: Probate, Letters of Admin, Prenups, De Facto, Separation, Consent Orders  Back to Toptop
badluck View Drop Down
Newbie
Newbie
Avatar

Joined: 23/October/2009
Location: Australia
Posts: 12
  Quote badluck Quote  Post ReplyReply Direct Link To This Post Posted: 01/November/2009 at 01:57
i dont have cancer its "confused " that does..
the first thing they will ask when you are in the court is have you paid back the money back..i didnt do anything other then not declare my income right it was about $100 a fortnight out ... but mind you i was under for the yearly figure , the magistrate said worse case each charge is a year worth in jail.. best charge good behavour bond plus criminal record .. every time i spoke with centrlink i was given a different answer but at the end of the day you didnt corrected it (same as me ) thats all they care about..everyone one the day that was there in court got finger printed and a criminal record.......and they had all paid the money back...not one person in the court room had a debt outstanding
xsffsdfsd
DIY Legal Kits: Wills, Powers of Attorney, Divorce, Probate, Prenups, De Facto, Consent Orders  Paralegal Services: Probate, Letters of Admin, Prenups, De Facto, Separation, Consent Orders  Back to Toptop
 Post Reply Post Reply Page  12>

Forum Jump Forum Permissions View Drop Down

 
 
 site map Copyright © 2003-2008 AussieLegal Pty Ltd 
Innovation By Design - Enov.com.au