Centrelink Fraud Lawyer Cairns — Fixed Fee

$3,200 — Fixed Fee

Centrelink fraud plea — from $3,200 fixed Covers : initial consultation, full review of the prosecution brief and overpayment evidence, detailed sentencing submissions, and court appearance. No hidden fees. One invoice. All fees +10% GST.

What Is Included

Initial consultation to review the charge and the prosecution case Full review of the prosecution brief — including the overpayment calculation, Centrelink records, interview transcript, and any supporting evidence Independent assessment of the overpayment amount — the Commonwealth figure is not always correct Advice on the realistic penalty range based on the amount involved and your personal circumstances Preparation of detailed written sentencing submissions for the court Guidance on character references, repayment evidence, and any supporting material Full appearance by Sacha at your sentencing hearing Post-sentence advice on any conviction recorded and the ongoing repayment obligation

What You Are Actually Facing

Centrelink fraud — more formally, obtaining a financial advantage by deception from the Commonwealth — is one of the most common fraud charges in the Cairns Magistrates Court. It is charged under s 134.2 of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 10 years imprisonment. In practice, the sentencing range in the Magistrates Court depends primarily on the overpayment amount: Under $10,000 — fine or community-based order is the usual range for first offenders. A no-conviction outcome is realistic with proper submissions. $10,000 to $50,000 — community service, probation, or a suspended sentence is common. Imprisonment is possible but not typical for first offenders with strong mitigation. $50,000 to $100,000 — actual imprisonment becomes a realistic risk. Strong mitigation and repayment evidence are essential. Over $100,000 — the matter will usually be committed to the District Court. Imprisonment is the expected outcome in most cases. The Commonwealth will also pursue civil recovery of the overpaid amount, regardless of the criminal outcome. This is a separate process from the criminal charge.

What Changes the Outcome

The amount. The overpayment figure is the single most important factor. But the Commonwealth's calculation is not always right — Sacha will review it independently and challenge it if the evidence supports a lower figure. How the fraud occurred. Failing to report a change of circumstances (passive non-disclosure) is treated less seriously than actively fabricating documents or creating false identities. The court considers the level of planning and sophistication. Repayment. Entering into a repayment arrangement — or making lump-sum repayments — before sentencing is the single most effective mitigating step. It demonstrates acceptance of responsibility and reduces the court's concern about ongoing loss to the Commonwealth. Your criminal history. A first offence with no prior dishonesty matters sits at the lower end. Prior fraud or dishonesty convictions will push the outcome upward significantly. Your personal circumstances at the time. Financial hardship, domestic violence, mental health issues, caring responsibilities, low literacy, and difficulties navigating the Centrelink system are all relevant to sentencing. Many people charged with Centrelink fraud were in genuinely difficult circumstances when the overpayment occurred. Cooperation with the investigation. Making admissions in the Centrelink interview and cooperating with the investigation are treated as evidence of remorse and acceptance of responsibility.

FREQUENTLY ASKED QUESTIONS

Will I go to jail for Centrelink fraud? For amounts under $30,000 and first offenders, imprisonment is unlikely if the matter is properly presented with repayment evidence and genuine mitigating circumstances. For larger amounts, the risk of imprisonment increases. Sacha will give you an honest assessment at the first consultation. I did not deliberately defraud Centrelink — I just did not update my details. Is it still fraud? The prosecution must prove you were dishonest. Failing to update your circumstances can amount to fraud by omission, but the prosecution must still show you knew you were required to report and deliberately chose not to. If you genuinely did not understand your reporting obligations, that may be a defence. Sacha will assess the evidence — including the Centrelink interview and what you were told about your obligations. Can I avoid a criminal conviction? For smaller amounts with strong mitigation, a section 19B order under the Crimes Act 1914 (Cth) — the Commonwealth equivalent of a no-conviction order — is available. Sacha will advise on whether this is a realistic outcome in your case. Do I have to repay the money even if I am found not guilty? Yes. The civil recovery obligation is separate from the criminal charge. Even if the criminal charge is withdrawn or you are acquitted, the Commonwealth can and will pursue recovery of any overpaid amount through the civil debt process. The amount Centrelink says I owe is wrong. Can that be challenged? Absolutely. The overpayment figure is calculated by Centrelink and is not always accurate. Errors in the assessment period, income calculations, and relationship status determinations are common. Sacha will review the overpayment calculation independently and challenge it where the evidence supports a lower figure.

View All Fixed Fees | Contact Civic Law | 0425 429 458