Charges:

1 charge of fraudulent obtaining Loss of Earnings benefits pursuant to s116 of the Transport Accident Act 1986.

Plea: Guilty

Result:

The Magistrate fined the accused $2,500 without conviction and ordered that he pay TAC compensation in the amount of $34,255.38.

Remarks:

The accused returned to work post his transport accident without advising TAC.  The accused returned to pre-accident employment whilst at the same time submitting to TAC certificates of capacity stating no capacity to return to work and declaring no return to work.  The offending was detected when TAC staff reviewed medical reports where the accused declared a return to work. The Magistrate heard a summary of the offending and submissions from the parties.  The defence submissions centred around the accused’s age (being 60) and lack of any prior criminal history, acceptance of wrongdoing and remorse through the plea of guilty at a still relatively early stage.  The defence also submitted that was attempting to obtain Australian citizenship and sought that any penalty be imposed without conviction to allow the accused to apply for citizenship and hopefully be successful, which would be more likely if no conviction was recorded.  The Prosecution submitted that despite this a conviction needed to be imposed to properly reflect the seriousness of the offending.

Restitution:	$34,255.38
Total Fines:	$2,500
Disbursements:	$
Statutory Costs:	$
Professional Costs:	$

Stay: 30/6/2023