Charges:

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

Plea: Guilty

Result:

The Magistrate imposed a 2 year adjourned undertaking to be of good behaviour, without conviction and was order to pay compensation of $26,177.  The accused was also ordered to pay $1,000 into the court fund and comply with all treatment required by her doctors.  The accused was also required to write a letter of apology to the TAC.

Remarks:

The accused was involved in a motor vehicle accident which resulted in psychological injuries. After qualifying for Loss of Earnings (LOE) benefits, suspicions was raised that the accused had returned to work (RTW) while in receipt of LOE benefits.  The subsequent investigation revealed that despite the accused maintaining in numerous communications with TAC that there had been no RTW, the accused in fact had at two different times with two different employers.  In his sentencing remarks The Magistrate identified the following matters which were taken into account in coming to his decision to impose essentially a good behaviour bond. Firstly the accused had no criminal history and at 49 years of age had prior to this been making a valuable contribution to the community through work.  The Magistrate  noted that TAC is set up for the community and this is serious offending against a form of revenue set up to provide assistance to the community in general, he also noted that the accused didn’t just misrepresent a return to work but actually lied on more than one occasion. Ultimately he found that the accused was unlikely to reoffend and general deterrence should be moderated as a consequence of the accused’s mental health issues.

Restitution:	$26,177
Total Fines:	$1,000
Disbursements:	$
Statutory Costs:	$
Professional Costs:	$

Stay: 17/5/2024