TAC successfully prosecuted the accused in the Magistrates’ Court.

The accused was charged with fraudulently obtaining benefits and providing TAC with false and misleading information as a result of a TAC investigation.

The accused was involved in a transport accident in January 2021 where injuries were sustained as a result.

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

The accused plead guilty to one charge of fraudulent obtaining Loss of Earnings benefits pursuant to s116 (in the amount of $19,191.20) and one charge of providing false or misleading information pursuant to s117 of the Transport Accident Act 1986 and was represented in Court.

After hearing a summary of the offending, the court heard submissions from the accused’s legal representative, those submissions included that wrongdoing was conceded, that the accused was working for the family business after the accident and that the income received for work done was not necessarily the amount of income received personally. It was submitted that a conviction should not be imposed given the accused has not yet achieved Australian citizenship and a conviction may affect the prospects of citizenship (although no evidence was submitted to substantiate this claim). It was also submitted that the accused has entered a plea at the earliest opportunity.

The prosecution was then afforded the opportunity to provide submissions on sentence, these submissions were that the TAC plays an important role in the community by supporting those injured in transport accidents. It was summited that the offending is a breach of trust against the entire community as the scheme relies on the honesty and integrity of clients to accurately report their circumstances. It was submitted that the offending was in the mid-range due to the quantum and the duration of the offending. It was submitted that denunciation and general deterrence needed to be at the forefront of the sentencing considerations and that a conviction is required in the circumstances.

Her Honour Magistrate Livingstone then handed down their sentence =

Her Honour fined the accused $8000 with conviction and was ordered to repay the full $19,191.20 and legal costs in the amount of $1,713.

In their sentencing remarks agreed that there was an early plea of guilty and that the accused had not made any excuses for the offending. Her Honour accepted that the offending is a breach of trust against the entire community and that it is offending which is easy to commit and difficult to detect. Her Honour noted that she is required to deter others from this offending in reaching her sentencing disposition.

Restitution:	$19,191.20
Total Fines:	$8,000
Disbursements:	$
Statutory Costs:	$
Professional Costs:	$1,713

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