Fraud & Centrelink

Fraud Defence Lawyers Serving Nowra, Batemans Bay, the Southern Highlands, and Queanbeyan

Being investigated for fraud is a high-stakes situation that threatens your livelihood, reputation, and freedom. In New South Wales, fraud is a crime of dishonesty, and convictions carry significant weight with employers and licensing bodies. Whether your matter involves a business transaction, insurance claim, or a Centrelink dispute, securing expert legal representation is the most critical step in protecting your rights.

At Douglass & Ford, we provide specialist advice for all fraud and dishonesty offences. With over 20 years of combined experience, our solicitors understand that many allegations arise from genuine mistakes, complex paperwork, or personal hardship. We work quickly to examine the evidence, negotiate with prosecutors, and ensure you receive a fair hearing.

How we can help you with your fraud case

We understand the anxiety that comes with an investigation into your financial affairs. Our priority is to protect your future through:

• Reviewing Allegations: We meticulously examine the prosecution’s brief to see if they can prove “dishonesty” according to community standards. If the intent wasn’t there, the charge cannot be proven.
• Strategic Negotiations: We often negotiate with agencies to have matters handled as a civil debt rather than a criminal prosecution, focusing on repayment plans to avoid a court appearance.
• Challenging the “Fact Sheet”: Police facts are often one-sided. We work to correct the record, ensuring the court understands the true context of the situation, which can lead to significantly lighter penalties.
• Securing Non-Convictions: For first-time offenders or minor overpayments, we have a proven track record of arguing for Section 10 non-convictions, allowing you to move forward without a criminal record.
• Mitigating Penalties: If a conviction is unavoidable, we gather strong evidence of your character and circumstances to argue for community-based orders over custodial sentences.
• Applying for Legal Aid: We are proud members of the General and Indictable Criminal Law Panels, ensuring high-quality legal help is accessible for those facing serious financial allegations.

What constitutes a fraud charge?

In New South Wales, most fraud offences fall under the Crimes Act 1900, while Centrelink matters fall under the Commonwealth Criminal Code. To be found guilty, the prosecution must prove:

1. You acted deceptively or dishonestly.
2. Your actions resulted in you obtaining a financial advantage or causing a financial disadvantage to another.
3. The conduct was intentional or reckless.

Types of penalties for fraud

The courts take a dim view of “white collar” or “system” crimes. Penalties may include:

• Section 10 (Non-Conviction): The court finds you guilty but records no conviction. This is the best possible outcome for maintaining your clean record.
• Fines and Reparation Orders: You may be ordered to pay a fine to the court and repay the full amount of the defrauded money to the victim or agency.
• Community Correction Order (CCO): A bond that requires you to remain in the community under supervision or perform community service.
• Intensive Correction Order (ICO): A prison sentence of up to two years served in the community under strict conditions.
• Full-Time Imprisonment: Reserved for serious cases involving large sums of money, multiple identities, or a sustained period of dishonesty.

Factors the court considers for fraud offences

When sentencing, the Magistrate or Judge will look at:

• The Amount Involved: Larger sums of money generally lead to harsher penalties.
• The Duration: Was it a single mistake, or did the conduct occur over many months or years?
• Repayment: Have you made an effort to pay the money back? This is a significant factor in showing genuine remorse.
• Your Personal Circumstances: Were you under extreme financial pressure or suffering from mental health issues at the time?

Common types of fraud charges

• Obtaining Benefit by Deception: The general charge for using dishonesty to get money or property.
• Centrelink Fraud: Including under-declaring income, failing to report a change in relationship status, or using a false identity.
• Larceny by Clerk or Servant: Theft or embezzlement committed by an employee against their employer.
• Identity Fraud: Dealing in or possessing someone else’s identification information with the intent to commit a crime.
• Forging Documents: Making or using false documents to influence an individual or gain an advantage.

Legal defences to fraud

You may successfully defend a fraud charge if one of the following applies:

• Lack of Dishonesty: You did not intend to be dishonest and acted under a genuine (even if mistaken) belief that you were entitled to the money.
• Claim of Right: You believed you had a legal right to the property or money in question.
• Duress: You were forced to commit the act under a threat of immediate and serious harm.
• Honest Mistake: The overpayment was due to a clerical error or a genuine misunderstanding of complex reporting requirements.

Queanbeyan & Monaro

• Jerrabomberra
• Googong
• Bungendore
• Braidwood
• Cooma
• the surrounding Snowy Monaro district