Charges:

2 charges of fraudulent obtaining benefits pursuant to s116 of the Transport Accident Act 1986 - Charge 1 – fraudulently obtaining Loss of Earnings benefits ($24,180) and Charge 2 – fraudulently obtaining medical and like benefits ($38,453.70).

Plea: Guilty

Result:

The accused was sentenced to an 18 month community corrections order (CCO) to perform 200 hours of unpaid work.  The sentence was imposed with a conviction.  The accused was also ordered to repay the TAC $62,633.70 in compensation and $2,380 in professional costs.

Remarks:

In April 2022 the accused lodged a claim for an accident that was alleged to have occurred on the Mornington Peninsula.  The accused claimed to have been swerving to miss a baby kangaroo which caused the accused’s head to hit the steering wheel which also caused mouth and jaw injuries. The accused then attended the hospital where emergency mouth and jaw surgery was performed and the accused remained in hospital for several days.  The accused was then approved for LOE benefits as well as medical and like benefits paid for.  In July 2022 the TAC became aware the accused had returned to work and ceased LOE benefits. The accused disputed this decision resulting in TAC seeking and obtaining pre-accident medical records. As a result of this TAC became aware that the accused had been booked into have elective surgery on the jaw and teeth on the same date as the alleged transport accident.  As a consequence of the above TAC conducted a formal investigation into the accused which revealed the following – 1). The accused’s orthodontist had no knowledge of any transport accident and he referred the accused to specialist doctor for treatment for a pre-existing condition. The specialist doctor was also unaware of any transport accident and confirmed the surgery had been pre-arranged well before the alleged accident.  2). Banking records showed the accused making numerous deposit payments to medical like providers before the accident for the surgery.  3). The hospital the accused attended after the transport accident does not have an Emergency Department nor could it accommodate patients who require emergency treatment, furthermore the accused surgery was pre-booked. 4). Pre-admission fluids were collected from the accused the day prior to the alleged transport accident. 5). The accused was due to commence work at 8.30am on the date of the transport accident but the accused texted a supervisor a 6.00am to advise of the transport accident, which didn’t allegedly occur until 11.00am.  On Tuesday 13 February 2024 the accused pleaded guilty to two charges of fraudulently obtaining benefits.  The plea was heard by HH Magistrate Kelly who after hearing pleas in mitigation and the prosecution submissions, which centred on the need for an conviction to be recorded given the grave breach of trust the accused perpetrated on the community in this matter the Magistrate had the accused assessed for a community corrections order (CCO) and the accused was sentenced as detailed above.

Restitution:	$62,633.70
Total Fines:	$
Disbursements:	$
Statutory Costs:	$
Professional Costs:	$2,380

Stay: 12/3/2024