Centrelink Fraud Lawyers Melbourne
- Over 30 years experience in the criminal justice system
- Track record of success
- Nationally acclaimed expertise
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Have You Been Charged with Centrelink Fraud?
If you’re facing Centrelink fraud charges, it’s essential to have an experienced legal team on your side. Centrelink fraud cases can involve complex Commonwealth laws and serious penalties. Our experienced lawyers understand the unique aspects of these cases and can guide you through each stage of the criminal justice process to achieve the best possible outcome.
The criminal justice system (CJS) can be daunting, especially for first-time or unrepresented defendants. Prosecutors and the courts prioritise public interests, and cases involving Centrelink fraud are taken very seriously, often resulting in harsh penalties. The relevant legislation governing Centrelink services is intricate, making it easy for individuals to unintentionally breach the law. With many factors and pieces of evidence at play, it’s critical to have legal support to protect your rights and ensure the best defence.
How MK Law Can Help:
MK Law has a team of specialised Centrelink fraud defence lawyers with offices in Melbourne, New South Wales, South Australia, and Western Australia. We’ve successfully represented thousands of clients in contested Centrelink fraud hearings. During confidential consultations, we listen carefully to your side of the story, review all relevant factors, explain potential penalties, and provide guidance on whether to plead guilty or not guilty. Our team includes in-house counsel to handle cases from start to finish, ensuring continuity and a well-prepared defence strategy.
We’re prepared to challenge the evidence, including questioning witness statements, obtaining disclosure materials, and conducting our own investigations. We can also present mitigating evidence, such as character references and expert reports, to support your case. Our goal is to help reduce penalties and avoid serious consequences, such as imprisonment. We’re here to guide you through the legal process and work toward a fair and favourable outcome.
Understanding Centrelink Fraud
Centrelink fraud is a serious offence under Commonwealth law and includes any act of deception to gain financial benefits from Centrelink. Examples include misreporting earnings or creating false identities to receive benefits. For prosecution, the fraud must involve a significant sum (typically over $5,000) and must be proven to be intentional and deceitful.
Related Offences
Other offences related to Centrelink fraud include:
- Social Security Fraud
- Obtaining Financial Advantage by Deception (s 82 and s 135(2))
- Defrauding the Commonwealth
- False Accounting
- Forgery, Theft, and Money Laundering
These offences range from minor frauds to large-scale deception involving substantial sums.
For more information on these specific offences, please see our other website publications.
Centrelink and Police Interviews:
Centrelink fraud investigations often involve interviews with Centrelink and police. You are not obligated to attend, but anything you say can affect your case. If you’re asked to attend a formal police interview, it’s crucial to have legal representation. Our team can advise you on your rights, including whether to answer questions, what information to provide, and how to exercise your right to silence if needed.
Pleading Guilty or Not Guilty: Key Questions:
Before deciding on your plea, consider these questions:
- Has the prosecution provided clear particulars of the charges?
- How strong is the prosecution’s case?
- Should you plead guilty for a reduced penalty, or is there a strong case to defend?
- Did you knowingly act dishonestly?
- Was a co-accused involved, and what is their role?
Our lawyers will help you answer these questions and develop a defence strategy tailored to your situation.
Possible Defences to consider:
If you plead not guilty, we can pursue various defences depending on the case details, including:
- Lack of intent to defraud
- Honest mistake or misunderstanding of obligations
- Mistaken identity
- Errors on Centrelink’s part in calculating overpayments
We’ll work with you to establish the most suitable defence for your circumstances.
Penalties for Centrelink Fraud:
If found guilty, penalties may include:
- Imprisonment (up to 10 years)
- Fines or community corrections orders
- Court-ordered programs (like a diversion program) for first-time offenders
Federal (Commonwealth) laws govern these cases, so the processes differ from state legislation. Courts assess each case’s unique factors, including whether restitution has been made, to determine the appropriate penalty.
The Diversion Program:
Diversion is an option in some cases, allowing defendants to avoid a criminal record if they comply with program requirements. It’s particularly suitable for first-time offenders or those with mental health issues. If the court agrees to a diversion, you’ll avoid a public criminal record, provided the program is successfully completed.
Factors Considered in Sentencing:
Courts take multiple factors into account, including:
- Severity of the offence
- Whether a guilty plea was entered early
- Breach of trust involved
- Defendant’s background, including any criminal history
- Efforts to repay Centrelink
- Duration and amount of the fraud
Testimonials
What people Say
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I found myself again before the magistrates court for an indictable offence, I was worried about receiving a jail sentence because of my age and h... Read More5/5
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For my first time going to court and appearing in front of a magistrate, Jasmine Dhillon explained and eased the process for me greatly. MK law wa... Read More5/5
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Gabrielle Yozefovich from MK Law assisted with my matter today. She was knowledgeable and knew exactly what to say and do. She negotiated and ha... Read More5/5
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Incredibly grateful for the work done by Gabrielle Yozefovich. We were able to achieve the best possible outcome considering the circumstances, a ... Read More5/5
What happens next:
If you’ve been charged with Centrelink fraud, don’t face this alone. Contact MK Law’s experienced criminal defence lawyers for a confidential consultation.
We’re available 24/7 at 1800 130 120 or via email at marcus.mklawfirm.com.au.
We are here to help, don’t delay in contacting us today.
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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au