Can You Be Charged with Gaining a Benefit by Fraud for Lying on a Job Application?
It might seem like exaggerating on your CV or misstating qualifications is simply unethical, not criminal. But in Western Australia, “gaining a benefit by fraud” is a criminal offence and, in some cases, lying to secure employment can satisfy its requirements.
In this article, we explain the fraud related offence “gaining a benefit by fraud” and how it can apply to employment contexts.
To discuss you circumstances in a free consultation with a lawyer, contact Chambers Legal today.
What Is “Gaining a Benefit by Fraud”?
In WA, a person can be subject to fraud charges if they dishonestly obtain a benefit or cause a detriment by deception.
In order to secure a conviction, the prosecution must prove:
There was deception or dishonest conduct
The accused intended to gain a benefit or cause a detriment
A benefit was obtained (or attempted to be obtained)
Importantly, a “benefit” does not not have to be immediate monetary gain. It could be a salary or wage, a job position, a promotion or access to company resources.
Thus, employment itself can qualify as a benefit.
Could a Job Application Lead to a Fraud Charge?
A single wrong line or misstatement on a résumé doesn’t amount to fraud. However, a charge could arise if:
A person falsely claims professional qualifications required for the role
A person presents fake licences, registrations or certifications
A person uses false identity details
References are fabricated
For example, if a person falsely claims to hold a required trade qualification and is hired based on that information, prosecutors may argue that the employment was obtained dishonestly.
The seriousness of of an allegation depends on the role, the extent of the deception and the value of the benefit received. An offence is potentially more serious if public funds or government employment are involved.
What If You Were Qualified but Exaggerated on Your Application?
There is a big differnece between embellishing your experience and claiming a qualification you don’t possess.
A small exaggeration about responsibilities or skills are unlikely to meet the criminal threshold. Fraud requires proof of genuine dishonest, not just self promotion. If you’re otherwise capable of performing the role the prosecution will struggle to establish a fraudulent intent.
What About Government or Public Sector Roles?
As mentioned above, cases involving public sector positions are considered more serious. They are more likely to lead to prosecution and carry more significant penalties.
There are three main reasons for this:
The financial loss is to the Commonwealth or WA Government
False statements in official documents may attract additional offences
- Public trust considerations also come into play
If you feel this applies to your circumstances, contact legal representation as soon as possible.
What if You Never Received Your Pay?
If a person gains a job through deception, they can still be charged even if that deception was discovered before payment was made. This can be prosecuted as attempted fraud.
When sentencing attempted fraud, courts will assess:
- The value of the benefit
The duration of employment
Whether the person performed the work competently
Whether repayment was made (where applicable)
Possible Defences for Fraud
If you have been charged with a fraud offence, there are several defences that could be available to you:
Lack of dishonesty, where the information provided was believed to be accurate
No material deception, where the allegedly fraudulent statement did not influence the hiring decision
No intention to obtain a benefit dishonestly
Insufficient evidence to prove fraudulent intent
The viability of each defence is entirely dependent on the circumstances of each case. Whether you have been charged with Medicare, insurance or another type of fraud, it is critical to engage a defence lawyer who can assess the suitability of each option.
How Chambers Legal Can Assist
Employment related fraud allegations involve subtle nuances around intent, dishonesty and material benefit. Even if your charges seem a clear cut issue, it’s important to contact a criminal lawyer as soon as possible.
Chambers Legal staffs a team of experienced fraud lawyers who will examine all available evidence and work to secure the best possible outcome in court. Assessing contracts, recruitment processes and other circumstances, we will advise as to whether the elements of fraud are genuinely satisfied.
We also recognise the immense personal toll that facing any criminal accusation can have. To best support you throughout the entire process, our team work with transparency and integrity. All legal advice is provided in writing and you will always receive proper cost notice.
Speak with a Criminal Defence Lawyer and Take Proactive Action Against Fraud Allegations
In professional and employment contexts, fraud accusations can have significant consequences. If you are facing such a charge, it is important you seek legal advice before speaking with investigators or former employers or colleagues.
To book a free, 15 minute phone consultation, contact Chambers Legal.