TAC successfully prosecuted the accused in the Magistrates’ Court.

The accused was charged with fraudulently obtaining benefits pursuant to s116 of the Transport Accident Act 1986 and providing TAC with false and misleading information pursuant to s117 of The Transport Accident Act 1986 as a result of a TAC investigation.

The accused was involved in two transport accidents where injuries were sustained as a result.

The TAC investigation resulted in evidence being obtained which indicated that the accused had forged Certificates of Capacity and had returned to work without notifying TAC of this.

The accused plead guilty on the day to 2 charges of fraudulently obtaining benefits and one of providing false and misleading information (all rolled up charges).

After hearing a summary of the offending, the court questioned the accused as to their current personal circumstances and the reason for the offending. The accused advised that there was no excuse for the offending but had currently had a death in the family and was currently caring for relatives.

The prosecution was then afforded the opportunity to provide submissions on sentence, these submissions centred on the need to send a message to the community about the offending, that a conviction was appropriate in sentencing due to the prolonged nature and the fact forged medical certificates were involved.

His Honour Magistrate Holzer then handed down their sentence =

He imposed an 18 month Community Corrections Order with the condition to perform 120 hours of unpaid work. The sentence was imposed with conviction and the accused was ordered to pay TAC compensation in the amount of $39,714.44 and professional costs of $2,107 directly to TAC.

In their sentencing remarks His Honour provided the following. He noted the seriousness of the offending, that it was breach of trust of the community. That these funds are meant to help people who are injured in car accidents and the community expects that the funds are there when required. Given the nature of the offending he was minded to impose the sentence with conviction.

Restitution:	$39,714.44
Total Fines:	$
Disbursements:	$
Statutory Costs:	$
Professional Costs:	$2,107

Stay: