Are you facing Centrelink fraud charges in New South Wales?
Centrelink fraud is a serious offence with significant consequences, including potential imprisonment and the requirement to repay any improperly obtained benefits. If you’ve been accused of providing false information to Centrelink or receiving benefits you weren’t entitled to, it’s crucial to have an experienced legal team on your side.
At Kingston Fox Lawyers, we can help defend individuals against Centrelink fraud allegations, using our in-depth knowledge of Commonwealth law. With over 40 years of combined experience, including as former Commonwealth prosecutors, we understand how these cases are built and know how to develop a strong defence strategy to protect your future.
Contact us today for a confidential consultation and start building your defence.
What is Centrelink Fraud?
Common examples of Centrelink fraud include:
- Falsely claiming unemployment benefits while receiving income from employment.
- Stating you are single when in fact you are in a de facto relationship or married.
- Claiming dual benefits under a false identity.
- Failing to report changes in your circumstances that affect your eligibility for payments.
- Underreporting assets or income to receive higher benefits.
Penalties for Centrelink Fraud
Penalties for Centrelink fraud vary depending on the seriousness of the offence. Under section 135.2 of the Criminal Code 1995 (Cth), the maximum penalty for obtaining a financial advantage is 12 months’ imprisonment. However, for more serious cases, such as large-scale or long running fraud, penalties can be much higher, with sentences of up to 10 years.
In addition to imprisonment, individuals convicted of Centrelink fraud may be required to:
- Repay the debt to Centrelink.
- Deal with a criminal record, which can impact future employment opportunities.
Meet the Team Behind Your Defence
The Kingston Fox Difference
Why Choose Kingston
Fox Lawyers?
At Kingston Fox Lawyers, we are more than just your legal representatives — we are
your partners in navigating the challenges ahead. What sets us apart is our deep commitment to providing a tailor-made, personalised service, backed by over
40 years of combined experience in criminal law.
Our team, which includes former prosecutors, brings unparalleled expertise and a strategic advantage to your defence.
We pride ourselves on our supportive, client-focused approach. Clients often share how much more at ease they feel after speaking with us, reassured by our understanding and straightforward advice. We focus not just on the legal challenges but on your future, ensuring that you can move forward with confidence and peace of mind.
Hear it from our satisfied clients
“A difficult matter that was resolved in my favour”
“Alexandra Sarmed offered me exceptional service and professional assistance with a difficult matter that was resolved in my favour. I couldn’t have asked for any more and I would not hesitate to recommend her to anyone in future. Nor will I ever go anywhere else for legal advice myself. I know if she couldn’t help me she would steer me to the right person for the job.”
“Frank, understanding, hardworking, and knowledgeable”
“We were incredibly lucky to be referred to Alexandra Sarmed for a complex set of charges against my adult child. From the first meeting, we were struck by her sense of humanity. She supported us throughout the process with her frankness, understanding, warmth, humour, hard work and knowledge. Alexandra found an amazing Barrister and together they achieved the right outcome. We will be forever thankful to Alexandra Sarmed.”
“Sympathetic and extremely reassuring”
“Erin was wonderful at a time of extreme stress for me. She listened to me and provided professional and helpful advice. She was sympathetic and clear-thinking, expertly guiding me through a process that was foreign to me. This was extremely reassuring. I would strongly recommend Kingston Fox Lawyers to anybody needing legal representation.”
Frequently Asked Questions
Centrelink fraud occurs when an individual intentionally provides false or misleading information to Centrelink in order to receive benefits they are not entitled to. This can include failing to report income, lying about relationship status, or obtaining benefits in two names. Centrelink fraud is a serious offence under Commonwealth law and terms of imprisonment are common.
Common examples of Centrelink fraud include:
- Not reporting income: Failing to declare income while receiving unemployment benefits or other payments.
- False claims about relationship status: Claiming to be single while being in a de facto relationship or married to receive higher benefits.
- Using a false identity: Applying for Centrelink payments under a false name including obtaining dual payments.
- Failing to report changes in circumstances: Not informing Centrelink of changes like starting a job, which would impact your eligibility for benefits.
Penalties for Centrelink fraud can range depending on the total amount of the fraud and the period of time it occured over.
Courts treat Centrelink fraud seriously due to its impact on public resources, but the outcome of your case can vary depending on the circumstances and the quality of your legal defence.
If Centrelink has initiated an investigation, you may receive a notice requesting your attendance at an interview or asking for a written statement. It is critical that you seek legal advice before responding. Kingston Fox Lawyers can guide you through the investigation process, advise you on whether to attend an interview or give a written statement, and help you understand the potential risks involved.
To secure a conviction for Centrelink fraud for an offence of obtain financial advantage, the prosecution must prove that:
- You intentionally provided false information or omitted key facts (such as failing to declare income or lying about your relationship status).
- You obtained a financial advantage by receiving payments or benefits you weren’t entitled to.
- You knew or were aware that you were not entitled to those benefits.
Evidence may include communication records with Centrelink, bank statements, employment records, and other documentation that demonstrates discrepancies between your claims and your actual circumstances.
If you’ve been charged, it’s important to get legal advice as soon as possible. Kingston Fox Lawyers can help you understand the charges, review the evidence, and explore all options to defend your case. Early legal advice can significantly affect the direction of your case and the potential penalties.
With decades of experience in both prosecution and defence, Kingston Fox Lawyers bring unparalleled knowledge of Centrelink fraud cases. We understand the technical and legal complexities involved and are skilled at navigating the evidence, such as financial records and communications with Centrelink. We’ll help you challenge the prosecution’s case, identify any weaknesses in their evidence, and work towards achieving the best possible outcome.
The legal process can be complex and varies depending on the nature of the charges. It can be stressful, scary and emotionally draining, however, that’s why we’re here for. We will guide you through each step, from initial consultation to court appearances and, if necessary, appeals.