Charges:

17 charges of fraudulent obtaining Loss of Earnings benefits pursuant to s116 of the Transport Accident Act 1986 and 6 charges of providing false or misleading information pursuant to s117 of The Transport Accident Act 1986.

Plea: Not guilty

Result:

On the 17 x s116 charges the accused was fined $10,000.  On the 6 x s117 charges the accused was convicted and further fined $4,000.  In total he imposed fines of $14,000 and ordered the accused pay TAC compensation in the amount of $8,298.98 and witness and professional costs of $2,440.

Remarks:

The prosecution arose from claims staff becoming suspicious that the accused may have returned to work without advising TAC and arranged for surveillance to be conducted.  This surveillance confirmed the suspicions and the resulting investigation gathered sufficient evidence to prosecute the accused for fraudulently obtaining benefits. After some lengthy delays the matter was listed for a 1 day contested hearing on 2 August 2023.  Unfortunately the accused did not attend.  After accepting the prosecutions submissions regarding the accused knowledge of the date of the contested hearing the matter proceed by way of ex parte hearing.  The court heard from the accused’s former employer and TAC Investigator and was supplied with all relevant documents the prosecution relied upon including payslips, banking records, the surveillance report and TAC phone logs.  The Magistrate announced his decision stating he found the charges proven beyond reasonable doubt.  The Magistrate also noted that in the contest mention the accused identified a defence as being one of Mens Rea but the Magistrate noted that defence was unfounded in light of all the evidence provided and doomed to fail.

Restitution:	$8,298.98
Total Fines:	$14,000
Disbursements:	$N/A
Statutory Costs:	$N/A
Professional Costs:	$2,440