Centrelink Prosecution Information
Warning: The following is general advice only.
It should not be substituted for legal advice. The following information
is drawn from resources including Legal Aid Commission and Welfare
Rights.
Centrelink Investigation
If Centrelink thinks your debt arose because you intentionally
told it something that was not true or intentionally withheld
information, it may investigate your case further. Centrelink
has wide powers to obtain information. It can obtain information
from other people or organisations such as your employer and your
bank. However, Centrelink cannot obtain information about you
from your solicitor.
Centrelink prosecution interview
Centrelink may ask you to attend a prosecution interview. The
purpose of this interview is to ask you questions which might
prove that you committed an offence. The appointment letter should
say if an interview is a prosecution interview. You can also tell
is an interview is a prosecution interview because it will be
taped. You should be given a caution or warning that the information
will be used to prove offences against you in court.
Before deciding to attend a prosecution interview
always obtain legal advice. In most cases it will not be in your
interest to attend the interview.
You cannot be penalised for not attending a prosecution
interview. You can simply ring and advise that you do not wish
to attend.
Do I have to repay the debt if I am prosecuted?
Yes, even if the court does not make a reparation order, you will
have to repay a debt unless the court says that it imposed a prison
sentence or a longer sentence because you were unable or unwilling
to repay the debt.
Appealing Centrelink decisions
Separate to the prosecution process, you have the right to appeal
Centrelink decisions about debts, including the amount of repayments.
What will a solicitor do?
A solicitor will help you by examining the information that Centrelink
has gathered against you and advising you on how best to proceed.
They can represent you in court whether you intend to plead guilty
or not guilty.
Contact Us for more information or assistance
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