But even if there is a mistake, people must repay incorrect payments. If we find enough evidence of criminal behaviour, we may take further steps. We may refer cases to the Commonwealth Director of Public Prosecutions. This may lead to criminal charges and jail.
The charges
If you are found guilty, the maximum penalty is 10 years imprisonment. You may instead, or also, receive a fine between $10,000 and $100,000 and be made to repay the benefit to Centrelink. You are also likely to receive a conviction, which will make it difficult for you to find future employment.
If you lie to Centrelink about your circumstances, you may receive benefits that you would otherwise not be entitled to. Courts view Centrelink fraud very seriously and if found guilty you could face a sentence of imprisonment and will be required to repay the debt to Centrelink.
One common type of fraud is providing false information, such as a fake name or address, to obtain Centrelink payments. Another type is undeclared income, where individuals fail to declare all of their income to Centrelink to receive additional benefits.
It's until when they decide to interview that you get to know you're being investigated. This interview is documented and used against you in Court. If not invited for an interview, you get to know you've been investigated when the CDPP issues a charge of Obtaining a Financial Advantage for you.
If you suspect someone may be committing fraud against Medicare, Centrelink or Child Support, you should report it.
Centrelink can go back as many years as is considered relevant by them to conduct their investigation as to whether or not you have been illegally receiving more money from them than you should or are entitled to.
Centrelink has very wide powers to thoroughly investigate deposits that have been made into your account. For example, it has the power to obtain your information from other government agencies as well as accessing information from banks, building societies and credit union accounts.
It is also an offence to knowingly or carelessly complete a form incorrectly, or to give false or misleading information to Centrelink. Centrelink Fraud is a criminal offence and in order to be found guilty of a criminal offence you must have had the intention to commit the offence.
Home visits
Centrelink may also visit your home unexpectedly, but this is not common. They may do this if they are already investigating and believe that you are being dishonest. If a Centrelink officer comes to your home, you: do not have to let them in (unless they are with a police officer who has a warrant)
you may be prosecuted, resulting in a fine or prison sentence. you may be asked to pay a penalty as an alternative to prosecution. you may receive a formal caution. your benefit may be reduced or withdrawn.
When you are released from prison you will receive a crisis payment. This is a one-off payment of approximately $280.
On the other hand, Section 314 of the Crimes Act defines false allegations and accusations as a crime. It states that people who make an accusation intending a person to be a subject of a police investigation for the offence are liable to a seven-year imprisonment.
You need to tell us when you become a member of a couple or end a relationship. This is to ensure you get paid correctly. We may need to ask a third party, a person we call a referee, to verify your relationship status. We'll tell you when we need referee details.
False or Misleading Information. Giving False or Misleading Information is an offence under section 307B of the Crimes Act 1900, which carries a maximum penalty of 2 years in prison.
For your Special Benefit claim you must provide bank statements for the last 3 months for all accounts you have. This includes any overseas accounts. If you have a partner, we'll also require bank statements for all accounts held by them.
We pass approximately 100,000 records to Centrelink each week. Around 12% of these are found to be Centrelink clients. ATO data is provided under table item 1 in table 1 in section 355-65 of Schedule 1 to the Taxation Administration Act 1953 (TAA).
Centrelink will investigate if they suspect you have received unentitled payments. Once Centrelink decide to investigate, Centrelink can require your bank or employer to disclose your financial details relevant to Centrelink purposes. This process can take week to months.
If you ask a previous employer for a separation certificate and they refuse, you should let Centrelink know. You can ask Centrelink to consider other ways of checking your details so your claim can be approved. Centrelink may agree to contact your previous employer to check your details.
Living with someone you're not in a relationship with can still affect your payment. For example the amount of Rent Assistance you may get. This will depend on who you're sharing with, and how you're contributing to household costs. You can let us know who you're living with when you change your address.
If a person does not agree with a decision made by Centrelink, they have the right to appeal the decision. An appeal can be made first to Centrelink, then to the Administrative Appeals Tribunal (AAT) then the Federal Court in limited cases.
A false accusation is a groundless allegation of wrongdoing levelled against another person or persons which is not supported by evidence or facts. The Australian legal system deems false accusations to be a serious offence which can result in jail time and serious financial punishment.
The consequences of making a false police report includes fines, jail time, community service and other penalties. Someone convicted of the offense of making false accusations will then have a criminal record.
Constant accusations in a relationship may make you angry and secretive, even when you have nothing to hide. More importantly, it can create a sense of resentment and distrust that may lead to significant challenges with your partner.