Centrelink fraud offences are treated very seriously in Western Australia and if you have been charged, you should seek early, strategic legal advice.
Chambers Legal has a team of experienced fraud defence lawyers available to represent clients across WA. In this article, we explain how they can assist in defending fraud charges and how you can position yourself to achieve the best possible outcome in court.
What Counts as Centrelink Fraud?
A person may be investigated for Centrelink fraud if they:
Under‑declare or fail to report their income
Provide false or misleading information
Use a false identity or fail to declare changes to their personal circumstances
Fail to notify changes in employment, assets or living arrangements
Through partnerships with other agencies, Centrelink is able to cross-match data to detect inconsistencies that form the basis of fraud accusations.
What are the Penalties?
Before any criminal charge, a person will likely receive a Notice of Overpayment. This notice demands repayment but importantly, does not prevent the person from facing subsequent prosecution.
Should that person be convicted, penalties will depend on the seriousness, amount overpaid, prior history and whether any mitigating factors apply. Sentences for Centrelink fraud can include:
Imprisonment (in serious or repeat cases)
Good behaviour bonds
Orders to repay overpaid amounts
Fines
What Must the Prosecution Prove?
To succeed in prosecuting Centrelink fraud, the prosecution must prove beyond a reasonable doubt that:
- The accused engaged in dishonest conduct
- The accused knew or ought to have known their statements or omissions would cause Centrelink to overpay them
- The accused obtained a benefit (i.e. money or payments they were not lawfully entitled to)
The element of intent or knowledge is often contested. Many defences will focus on whether the accused genuinely misunderstood or miscalculated their obligations.
Read more about intent and obtaining a benefit.
Defences and Mitigating Arguments
If you have been charged with a Centrelink offence and feel you are innocent, there are several defences that could apply to your circumstances
- Lack of dishonest intent or knowledge: Here, the defence argues the accused did not knowingly act falsely
Mistake or misunderstanding: The accused was genuinely confused about their obligations
Repayment before charge: If the accused made full repayment, it may be considered in sentencing
Coercion or undue pressure: For example, the accused was forced to provide false information
Compliance with requests: The accused cooperated in investigations early
Each defence depends heavily on the facts and evidence available, so it is important to speak with a lawyer and gain a clear picture of your situation.
How Chambers Legal Can Help with Centrelink Fraud Offences
Facing a Centrelink fraud allegation can be overwhelming, especially if you feel your actions were a genuine mistake. At Chambers Legal, we understand the complexities of fraud law and the ways you must deal with government investigations.
Our team can assist with:
Reviewing the Allegations: We examine all evidence to determine the merit of the charges.
Exploring Resolution Options Early: Where appropriate, we negotiate with prosecutors before charges are made, resolving matters through repayment or diversionary outcomes.
Preparing a Strong Defence: Should the matter proceed to court, we will build a defence strategy based on facts and evidence
Importantly, we understand that criminal allegations come with enormous personal stress for you and your loved ones. To provide you with utmost confidence throughout the process, our team stick to values of transparency and integrity. All Chambers Legal advice is provided in writing and paired with proper cost notice.
What Else Can You Do?
If you receive notice of overpayment or suspect you may be under investigation for Centrelink fraud, the following actions can support your position:
- Seek legal advice before answering questions
- Don’t volunteer unnecessary information (what you say can be used in court)
- Gather documentation to support your reporting, bank records, payslips and correspondence
- Consider whether early repayment or voluntary disclosure is appropriate
Contact Chambers Legal and Speak with a Fraud Defence Lawyer
Centrelink fraud offences carry serious risks, but with early and strategic legal representation, you can protect your rights, challenge the prosecution’s claims and work toward the best possible outcome.
At Chambers Legal, we pride ourselves on providing honest, transparent advice with fair pricing. Having represented clients across WA in cases of under-declared income, false information and other offences, our team are vastly experienced in defending Centrelink fraud.
To speak with a defence lawyer about Centrelink, tax or any other fraud charges, please contact us or book a free, 15-minute phone consultation.