Charges:

75 charges of fraudulent obtaining Loss of Earnings and Loss of Earnings Capacity 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: Not Guilty

Result:

The Magistrate found the accused guilty and imposed a $30,000 fine, with conviction.  The accused was also ordered to pay the TAC restitution in the amount of $133,728.35 and professional costs of $15,000.

Remarks:

The accused fraudulently lodged pre-accident documentation to the TAC to satisfy pre-accident earnings which were in fact false. The investigation arose as a result of the accused lodging a rental property application with a real estate agent providing them with information that the accused was employed by TAC.  The matter proceeded to a full contested hearing which continue for three days commencing 21 March 2022. At the completion of the hearing the charges were found proven beyond reasonable doubt and the accused found guilty. The matter was adjourned for plea in mitigation and sentencing.  The accused was assessed for a Community Corrections Order in August 2022, but was deemed unsuitable due to mental health. The matter was then adjourned to 7 October for a pre-sentence report to be provided to the court.  In the pending period between August and October, TAC conducted surveillance on the accused which provided evidence of the accused acting normally in day to day activities with no apparent impediment due to any physical or mental health issues.  During sentencing the Magistrate stated that “My feeling is that ‘the accused’ is a good actor”.

Restitution:	$133,728.35
Total Fines:	$30,000
Disbursements:	$
Statutory Costs:	$
Professional Costs:	$15,000

Stay: