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Centrelink & Social Security Payments

Centrelink & Social Security Payments Len Jaffit, Program Manager – Commonwealth Entitlements, Civil Justice, Access & Equity September 2013. Commonwealth Entitlements Sub-program Service Review Len Jaffit, Program Manager – Commonwealth Entitlements, Civil Justice, Access & Equity.

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Centrelink & Social Security Payments

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  1. Centrelink & Social Security Payments Len Jaffit, Program Manager – Commonwealth Entitlements, Civil Justice, Access & Equity September 2013

  2. Commonwealth Entitlements Sub-program Service Review Len Jaffit, Program Manager – Commonwealth Entitlements, Civil Justice, Access & Equity

  3. CENTRELINK DECISIONS - ADMINISTRATIVE REVIEW

  4. Centrelink has immense information collection powers – warn your clients about these! Data matching Personal investigators Tip offs from members of the public Access to bank, employment, etc records Facebook, Google, EBay, Electoral Rolls, … Centrelink may find that a person has under declared their income or failed to declare a relationship This will result in a debt being raised, and may also result in a prosecution Unlike other debts, this debt is legally recoverable from a person’s Centrelink benefit OVERPAYMENTS

  5. PROSECUTIONS

  6. PROSECUTIONS Department of Public Prosecutions (Cth) Established to prosecute alleged offences against Commonwealth law Policy threshold (unofficial) - $10,000 debt Connection with administrative review

  7. SOCIAL SECURITY PROSECUTIONS (NATIONWIDE)

  8. OFFENCES - CRIMINAL CODE ACT 1995 Usually s135.2 - obtaining financial advantage Engage in conduct Consequent financial advantage from Commonwealth Knowledge or belief of non-entitlement S135.1 – general dishonesty Does anything with intention of dishonestly obtaining a gain from the Commonwealth S134.1/2 – obtain property by deception Similar to s135.2, but with deception added

  9. Did they engage in the alleged conduct? Did they have knowledge or belief that they were not entitled? Is the offending by omission? Are there public policy grounds to withdraw the prosecution? PROSECUTION ISSUES

  10. SENTENCING • The outcome depends on: • what the client has been charged with • the nature of the debt, and • the clients circumstances • Range of penalty is from a promise to the Court to beof good behaviour imprisonment. • The higher the debt, the more likely imprisonment will be the outcome.

  11. High Court Decision – August 2013 Background – Poniatowska, Jones Facts Legislation/Issues Outcome – CDPP cannot rely on s66A retrospectively; but may be able to rely on notices Impact [cases withdrawn, referrals ret’d to Centrelink … ] KEATING – HIGH COURT

  12. KEY MESSAGES Your clients have a right to review decisions Review of decisions is free and often successful Your clients need to be very careful in dealing with Centrelink by Asking for an interpreter Getting a receipt number for important calls Reporting correctly and advising Centrelink about changed circumstances within 14 days. Centrelink have very broad powers of investigation Facebook, Google, EBay, Electoral Rolls, …

  13. Victoria Legal Aid Legal Help 1300 792 387 http://www.legalaid.vic.gov.au Social Security Rights Victoria Factsheets: http://www.welfarerights.org.au/pages/factsheets.aspx FURTHER INFORMATION

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