Charges:

2 charges of fraudulent obtaining Loss of Earnings benefits pursuant to s116 of the Transport Accident Act 1986 and 1 charge of providing false or misleading information pursuant to s117 of The Transport Accident Act 1986.

Plea: Guilty

Result:

His Honour sentenced the accused to a 12 month Community Corrections Order (CCO), with conviction, with the following conditions:

• 100 hours community work
• Supervision
• Treatment / rehab
• Mental health assessment
• 40 hours of treatment programs to count towards work component.

The accused was also ordered to pay compensation in the full amount of $77,734.81.

Remarks:

The accused was charged with fraudulently obtaining Loss of Earnings and Loss of Earnings Capacity benefits and providing false information as a result of returning to work without advising the TAC of same. During the investigation, the accused’s banking records were obtained which showed numerous deposits from the accused’s employer as well as signed statements from witnesses confirming the accused had been working.  Copies of documents pertaining to the accuses employment including training documents, time cards, payslips and personal documents and images extracted from the employer’s internal CCTV were also obtained.   At Court, the accused’s counsel opposed the TAC’s costs application and applied for the restitution amount sought to be considered as part of the sentence due to the client’s personal and financial circumstances. A psychology report was tendered regarding this.  His Honour heard the summary and indicated the accused would be sentenced to a CCO.

Restitution:	$77,734.81
Total Fines:	$
Disbursements:	$
Statutory Costs:	$
Professional Costs:	$