Charges:

1 charge of fraudulent obtaining Loss of Earnings 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: Guilty

Result:

The Magistrate sentenced the accused to a 12 month Community Corrections Order, with the accused to perform 100 hours of unpaid work, without conviction.  The accused was also ordered to pay TAC compensation in the amount of $39.951.75.

Remarks:

The accused, whilst in receipt of Loss of Earnings benefits had returned to work without advising TAC. The accused also submitted certificates of capacity advising of no capacity for any employment and acknowledged no returned to work.  Additionally the investigation found two of the certificates of capacity received were not actually issued the accused’s medical practitioner as they reported to.  The Magistrate acknowledged the seriousness of the offending and the fact that it was offending that impacts the community has a whole.  The Magistrate also acknowledged that the accused had no criminal history – had entered a plea of guilty at the earliest opportunity and had no prior allegation of dishonesty.  While the Prosecutions submissions were that a conviction should be imposed the Magistrate declined to impose a conviction.

Restitution:	$39,951.75
Donations:	$
Disbursements:	$
Statutory Costs:	$
Professional Costs:	$

Stay:  7/12/2022