Avoiding Jail for Centrelink Fraud in Queensland
Centrelink fraud is an increasingly common charge before Queensland courts.
Largely the increase in Centrelink fraud cases is as a result of better data matching with the ATO.
A person charged with Centrelink fraud who pleads guilty or is found guilty faces the real prospect of a term of imprisonment.
The courts primary concern in sentencing an offender is to deter that person from committing the offence again and more importantly deterring other people in the community who might be tempted to commit similar acts of fraud against Centrelink.
Section 135.
2 of the Criminal Code Act 1995 is the section that people are prosecuted under and that reads as follows; 135.
2 Obtaining financial advantage (1) A person is guilty of an offence if: (a) the person engages in conduct; and (aa) as a result of that conduct, the person obtains a financial advantage for himself or herself from another person; and (ab) the person knows or believes that he or she is not eligible to receive that financial advantage; and (b) the other person is a Commonwealth entity.
Penalty: Imprisonment for 12 months.
In our experience once the total amount of Centrelink fraud exceeds $10,000 then the possibility of imprisonment being imposed is quite high and once the amount exceeds $20,000 the possibility is almost certain.
This does not mean however that there are not ways to structure a sentence so a person does not have to spend time in jail.
Generally there are two main ways of avoiding having to serve actual time in jail that is serving an Intensive Corrections Order ("ICO") or a combination of probation and good behaviour.
Intensive Corrections Order An ICO is known as imprisonment in the community.
In Queensland an ICO would generally mean that for up to a maximum of one a year a person must; 1.
Report at least twice a week to a corrective services officer 2.
Receive visits from a corrective services officer if required 3.
Attend counselling or other programs if directed 4.
Complete up to 12 hours of community service each week 5.
Must not leave or stay out pf Queensland without permission As you can see the requirements of an ICO are quite strict and it is certainly not an easy option but of course it is much better than spending time locked up in jail.
ICO's are generally the most common sentence the court uses rather than sending a person to jail.
The other possibility of avoiding a term of actual incarceration is a combination of probation and good behaviour.
Probation/good behaviour This sentence is generally used where the fraud amount is not as serious or a person cannot undertake an ICO.
The sentence would require a person to be placed on probation which would require them to; 1.
Report to a probation officer as directed 2.
Receive visits from a corrective services officer if required 3.
Attend programs or counselling as directed 4.
Not leave or stay out of Queensland without permission They would also have to be of good behaviour for a period not exceeding 5 years meaning the person must not commit any further criminal act otherwise they face the prospect of further punishment.
In determining what is the appropriate sentence the court will look at the factors listed in the Crimes Act including; · the circumstances of the offence · whether the person has any criminal history · the personal circumstances of the person · any contrition shown · whether the person pled guilty and how early the person pled guilty · how much of the Centrelink debt the person has repaid · the need to ensure that the person is adequately punished for the offence · the need for deterrence · the effect that any sentence would have on any of the person's family · the degree to which the person has co-operated with law enforcement · the character, age, means and physical or mental condition of the person How to balance all the different factors is obviously the most important job the Magistrate has and it is important to have a capable lawyer representing you.
Conviction being recorded The court is required to record a conviction unless it makes an order under section 19B of the Crimes Act.
A conviction would not be recorded if the sentence is a discharge and may or may not be recorded if the sentence is an order for good behaviour with or without probation.
If a person is sentenced to an ICO or imprisonment then a conviction must be recorded.
If you are charged with a Centrelink fraud then it is critical to get good legal advice and representation.
This is not the type of matter you should be going to court unrepresented.
Largely the increase in Centrelink fraud cases is as a result of better data matching with the ATO.
A person charged with Centrelink fraud who pleads guilty or is found guilty faces the real prospect of a term of imprisonment.
The courts primary concern in sentencing an offender is to deter that person from committing the offence again and more importantly deterring other people in the community who might be tempted to commit similar acts of fraud against Centrelink.
Section 135.
2 of the Criminal Code Act 1995 is the section that people are prosecuted under and that reads as follows; 135.
2 Obtaining financial advantage (1) A person is guilty of an offence if: (a) the person engages in conduct; and (aa) as a result of that conduct, the person obtains a financial advantage for himself or herself from another person; and (ab) the person knows or believes that he or she is not eligible to receive that financial advantage; and (b) the other person is a Commonwealth entity.
Penalty: Imprisonment for 12 months.
In our experience once the total amount of Centrelink fraud exceeds $10,000 then the possibility of imprisonment being imposed is quite high and once the amount exceeds $20,000 the possibility is almost certain.
This does not mean however that there are not ways to structure a sentence so a person does not have to spend time in jail.
Generally there are two main ways of avoiding having to serve actual time in jail that is serving an Intensive Corrections Order ("ICO") or a combination of probation and good behaviour.
Intensive Corrections Order An ICO is known as imprisonment in the community.
In Queensland an ICO would generally mean that for up to a maximum of one a year a person must; 1.
Report at least twice a week to a corrective services officer 2.
Receive visits from a corrective services officer if required 3.
Attend counselling or other programs if directed 4.
Complete up to 12 hours of community service each week 5.
Must not leave or stay out pf Queensland without permission As you can see the requirements of an ICO are quite strict and it is certainly not an easy option but of course it is much better than spending time locked up in jail.
ICO's are generally the most common sentence the court uses rather than sending a person to jail.
The other possibility of avoiding a term of actual incarceration is a combination of probation and good behaviour.
Probation/good behaviour This sentence is generally used where the fraud amount is not as serious or a person cannot undertake an ICO.
The sentence would require a person to be placed on probation which would require them to; 1.
Report to a probation officer as directed 2.
Receive visits from a corrective services officer if required 3.
Attend programs or counselling as directed 4.
Not leave or stay out of Queensland without permission They would also have to be of good behaviour for a period not exceeding 5 years meaning the person must not commit any further criminal act otherwise they face the prospect of further punishment.
In determining what is the appropriate sentence the court will look at the factors listed in the Crimes Act including; · the circumstances of the offence · whether the person has any criminal history · the personal circumstances of the person · any contrition shown · whether the person pled guilty and how early the person pled guilty · how much of the Centrelink debt the person has repaid · the need to ensure that the person is adequately punished for the offence · the need for deterrence · the effect that any sentence would have on any of the person's family · the degree to which the person has co-operated with law enforcement · the character, age, means and physical or mental condition of the person How to balance all the different factors is obviously the most important job the Magistrate has and it is important to have a capable lawyer representing you.
Conviction being recorded The court is required to record a conviction unless it makes an order under section 19B of the Crimes Act.
A conviction would not be recorded if the sentence is a discharge and may or may not be recorded if the sentence is an order for good behaviour with or without probation.
If a person is sentenced to an ICO or imprisonment then a conviction must be recorded.
If you are charged with a Centrelink fraud then it is critical to get good legal advice and representation.
This is not the type of matter you should be going to court unrepresented.
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