Prosecution Report - Client Y

Charges:

1 charge of fraudulent obtaining Loss of Earnings benefits pursuant to s116 of the Transport Accident Act 1986 and 2 charges 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 Good Behaviour Bond (GBB), with conviction. The Magistrate further ordered, that as a part of the GBB, the accused should donate $1,000.00 to the Amber Community and complete a mental health program. The accused was also ordered to pay TAC compensation of $9,848.71 and professional costs of $1,161.00, both of which are to be paid directly to TAC, in accordance with the Deed of Repayment entered into.

Remarks:

The accused was involved in a transport accident and satisfied TAC he was a pre-accident earner and thus entitled to Loss of Earning benefits.  TAC conducted an investigation into the accused due to failure to engage with vocational services and became difficult to contact.  The investigation showed the accused had in fact returned to pre-accident employment without advising the TAC as required and further that the final two certificates of capacity submitted had not been issued by the medical practitioner they purported to have been issued by, rendering them false or possibly forged.  It was noted that the accused had entered a plea of guilty at the first opportunity and he had shown remorse by entering into a Deed of Agreement to pay back the TAC. The Magistrate noted that the aggravating feature of the accused’s offending was that of the forged certificates and the associated breach of trust with the medical professionals that ensued from that.

Restitution: $9,848.71
Total Fines:$1,000
Disbursements:$
Statutory Costs:$
Professional Costs: $1,161

Stay: