Prosecution Report - Client U

Charges:

1 charge of fraudulent obtaining a benefit 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 accused was sentenced to an adjourned undertaking without conviction with the only condition to be of good behaviour for two years until 10 January 2025.  The accused was also ordered to pay the TAC $10,706.23 in compensation professional costs in the amount of $1,085.

Remarks:

The accused was in receipt of Loss of Earnings (LOE) benefits following the transport accident.  The TAC alleged that the accused had falsified documents provided to TAC to support a substitute labour arrangement in connection with her claim for LOE benefits and also that the accused had returned to work without notifying the TAC. In his sentencing remarks, the Magistrate noted that the quantum of the offending was not insignificant and that defrauding the TAC was a very serious offence. However, the accused had no prior history and appeared to have engaged with the TAC, participating in negotiations during the course of the prosecution since the charges were served which was demonstrative of remorse. He commented that remorse was further demonstrated by the commencement of repayments and the accused’s intention to enter into a deed of agreement to repay the money to TAC.

Restitution: $10,706.23
Total Fines:$
Disbursements:$
Statutory Costs:$
Professional Costs: $1,085

Stay: 7 June 2023