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