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 - Dated: 09/12/2010
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; and
According to VIC Law for the charge of Dishonestly obtain a financial advantage (Centrelink Fraud), 12 months imprisonment.
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 (ie Centrelink)
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.
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.