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Dishonestly Obtain a Financial Advantage (Centrelink Fraud)

Commonwealth Offences – Federal

Welcome to the VIC Dishonestly obtain a financial advantage (Centrelink Fraud) article page. Everything you need to know about Dishonestly obtain a financial advantage (Centrelink Fraud) according to VIC law.

What the Law States according to VIC Law for Dishonestly obtain a financial advantage (Centrelink Fraud)

According to VIC Law for the charge of Dishonestly obtain a financial advantage (Centrelink Fraud):

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.

(1A) Absolute liability applies to the paragraph (1)(b) element of the offence.

(2) 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 another person from a third person; and

(ab) the person knows or believes that the other person is not eligible to receive that financial advantage;

The Maximum Penalty – Dishonestly obtain a financial advantage (Centrelink Fraud)

According to VIC Law for the charge of Dishonestly obtain a financial advantage (Centrelink Fraud), 12 months imprisonment.

What the Police must prove according to VIC Law for Dishonestly obtain a financial advantage (Centrelink Fraud)

1. That the accused deliberately engaged in conduct.
2. That the accused obtained a financial advantage for themself.
3. That they knew or believed they were not entitled to the financial advantage.
4. That is was from a Commonwealth agency (i.e. Centrelink).

Possible Defences under VIC Law – Dishonestly obtain a financial advantage (Centrelink Fraud)

These cases often are defended on the basis of their being a factual dispute about what the accused’s personal circumstances are. Often in Centrelink fraud type cases the situation is a lot more complex than the Commonwealth are presenting it as being.

In VIC which court will hear the matter – Dishonestly obtain a financial advantage (Centrelink Fraud)

Generally these matters are heard in the Magistrates Courts. These charges are most often to do with Centrelink Fraud. If the amount is above $100,000 then they would have to be heard in the County Court.

Street Names

Centrelink Fraud, DSS fraud, Social Security Fraud, stealing from Centrelink

 

Date: 09/12/2010

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