CENTRELINK

Centrelink fraud occurs when a person knowingly provides false or misleading information or fails to report changes in circumstances to receive benefits they are not entitled to. It is treated as a Commonwealth offence under the Criminal Code Act 1995 (Cth) and can lead to serious penalties, including imprisonment.

- Under s 134.2 of the Criminal Code Act 1995 (Cth), the maximum penalty for Centrelink fraud is 10 years imprisonment.

- Courts can also order repayment of the debt, impose substantial fines, or place offenders on good behaviour bonds or community‑based orders, depending on the seriousness of the case.

- Even first‑time offenders risk a criminal conviction, which can affect employment, travel, and future dealings with government agencies.

To secure a conviction for Centrelink fraud under s 134.2 of the Criminal Code Act 1995 (Cth), the prosecution must prove beyond reasonable doubt that:

- You engaged in deception (for example, by providing false or misleading information, or failing to disclose relevant changes in your circumstances).

- You did so dishonestly — meaning your conduct would be considered dishonest by the standards of ordinary, honest people.

- As a result, you obtained a financial advantage (such as receiving Centrelink payments).

- The financial advantage came from a Commonwealth entity (Centrelink/Services Australia).

There are several possible defences to a charge of Centrelink fraud, depending on the circumstances:

- Lack of intent – if you did not knowingly or dishonestly provide false information, but made an honest mistake.

- No deception – if the information provided was accurate, or the alleged conduct does not amount to deception.

- Insufficient evidence – if the prosecution cannot prove beyond reasonable doubt that you obtained a financial advantage from a Commonwealth entity.

- Duress or mistake of fact – in some cases, you may have a defence if you acted under pressure or misunderstood your legal obligations.

Because these cases are complex and aggressively prosecuted, it is essential to obtain legal advice early to explore whether a defence applies to your situation.

A conviction for Centrelink fraud can have serious and lasting impacts:

- Imprisonment – penalties of up to 10 years are available for the most serious cases.

- Financial penalties – courts may order repayment of the debt, impose fines, or both.

- Criminal record – a conviction is automatically recorded and can affect employment, professional licensing, and international travel.

- Loss of benefits – in some cases, a conviction may also result in disqualification from receiving Centrelink payments for a period of time under the Social Security (Administration) Act 1999 (Cth).

Even if a prison sentence is avoided, the consequences of a conviction can be life‑changing, making it vital to seek legal advice early.

Being charged with Centrelink fraud can be stressful, but the right legal representation makes a significant difference. 

Coral Coast Law provides:

- Case assessment – a detailed review of the evidence to identify weaknesses in the prosecution’s case.

- Clear advice – guidance on possible outcomes and whether to contest the charge or negotiate a lesser penalty.

- Protection of rights – ensuring fair treatment throughout the investigation and court process.

- Strong advocacy – presenting persuasive arguments in court to achieve the best possible result, whether that is dismissal, reduced charges, or a lighter sentence.

Coral Coast Law handles Commonwealth fraud matters with a focus on achieving the most favourable outcome for each client, while minimising the impact of the proceedings on their future.