• If the debt occurred due to fraud, then you may be prosecuted.
• If you are prosecuted, you will have to appear in Court to face criminal charges relating to the debt.
• The Office of the Commonwealth Director of Public Prosecutions decides whether or not to prosecute.

• “Fraud” means
  • you deliberately gave incorrect information or
  • you deliberately failed to give information or
  • you received a payment you knew you were not entitled to.
•  Centrelink may investigate your case further if it thinks you:
  •  deliberately told them something that was not true or
  • deliberately did not tell them something that you should have
• Centrelink has wide powers to find information. 
  • Centrelink can get information from organisations, such as the Tax Department, your bank, your employer, or from other people.
• If Centrelink finds information which they think could prove that you are guilty, they send it to the Office of the Commonwealth Director of Public Prosecutions (DPP).
• The DPP then decides whether or not to prosecute.

• Prosecution is the commencement of legal proceedings against a person who is charged with a criminal offence.
• At the end of the process, the court decides:
  • If a person should be convicted of an offence
  • What penalty should be imposed.

• Even if it was only a small amount of money, the law says it is a crime.
• It is an offence to:
  •  deliberately give incorrect information or
  • deliberately fail to give information or
  • receive a payment you knew you were not entitled to.
• It is an offence to help someone else do this.

• You do not have to attend a “tape-recorded” or “prosecution” interview.
  
  
  • Just tell Centrelink you do not wish to attend.
  • Your payment will not be cancelled or suspended if you choose not to attend.
• If you think you do want to attend, seek legal advice first.
• If you think it may be in your best interests to attend, seek legal advice first.
• Centrelink wants to ask you questions which might provide evidence to use against you in the prosecution process.
• Centrelink may then recommend to the Director of Public Prosecutions (DPP) that you be prosecuted.

• It may not be in your best interests to provide a written statement.
• Obtain legal advice before providing a written statement.

• After investigating, Centrelink may decide to recommend to the Office of the Commonwealth Director of Public Prosecutions (DPP) that you be prosecuted.
• The DPP makes the decision about whether to go ahead with the prosecution.
• If the DPP decides not to go ahead, they will send you a letter.

• There is no set time.
• It can take anything from a couple of months to over a year.

Yes they can.

• You can make a Freedom of Information request.
  
  • Ask Centrelink for the form called "I want to see my file" or
  • You can download the form, Freedom of Information and how to requests documents from Centrelink to help you make your request.
  • to obtain information about what Centrelink has on your file.

• The ”Summons” tells you the date and time you must attend a particular court.
• It is an offence not to attend court.
• Seek legal advice as soon as possible before the day you have to attend court. 
• You can contact:
  • Legal Aid Queensland
  • Your local Welfare Rights Centre
  • Your local Community Legal Service
  • A private solicitor
• You can ask for advice about:
  • Whether you should plead guilty or defend your case
  • What you need to do before you go to court.

• The ”Court Attendance Notice” tells  you the date and time you must attend a particular court.
• It is an offence not to attend court.
• Seek legal advice as soon as possible before the day you have to attend court. 
• You can contact:
  • Legal Aid Queensland
  • Your local Welfare Rights Centre
  • Your local Community Legal Service
  • A private solicitor
• You can find out more about what happens in court from the Legal Aid Queensland website.

• You can attend the court and ask to have your case adjourned to another date while you get legal advice.
  • It is a good idea to get an appointment before you go to court, so you can tell the court how long it will take to get advice.
• Contact your local Community Legal Centre for further advice.

Yes you will.

• Not necessarily.
• The penalties for social security fraud range from good behaviour bonds and fines to community service orders and imprisonment.
• Usually the court will also make a “reparation order”.
  • This is an order requiring you to repay the debt.

• While it is possible to appeal the debt during the prosecution process, this is usually not a good idea. 
  • The appeals process may result in Centrelink finding new information which could be used in court against you.
• Contact your local Welfare Rights Centre and/or a criminal law solicitor before taking this step.

Factsheets

• Prosecution of Social Security Offences
• Debts – what to do if you have a Social Security debt
• Appeals – how to appeal against a Centrelink decision

On this site

• Centrelink Debt
• Disagree with Centrelink?

Contact

• Legal Aid Queensland
• Your local Welfare Rights Centre