Centrelink & Social Security Payments

Len Jaffit, Program Manager – Commonwealth Entitlements, Civil Justice, Access & Equity

September 2013

Commonwealth Entitlements Sub-program Service ReviewLen Jaffit, Program Manager – Commonwealth Entitlements, Civil Justice, Access & Equity

CENTRELINK DECISIONS - ADMINISTRATIVE REVIEW

FOR YEAR 2009/10

Total Applications %

Successful

Authorised Review Officer 186,718 33.30%

Social Security Appeals Tribunal 12,617 29.50%

Administrative Appeals Tribunal 2,647 27.50%

APPLICATIONS FOR REVIEW/APPEAL

YearApplications

to AROApplications

to SSAT

Customer Applications

to AAT

Secretary Applications

to AAT

2009/10 186,718 12,617 2,647 79

2008/09 207,871 16,319 2,531 108

2007/08 55,761 11,060 1,683 254

2006/07 40,587 8,501 1,688 469

OVERPAYMENTS

Centrelink has immense information collection powers – warn your clients about these!• Data matching• Personal investigators• Tip offs from members of the public• Access to bank, employment, etc records• Facebook, Google, EBay, Electoral Rolls, …

Centrelink may find that a person has under declared their income or failed to declare a relationship

This will result in a debt being raised, and may also result in a prosecution

Unlike other debts, this debt is legally recoverable from a person’s Centrelink benefit

PROSECUTIONS

PROSECUTIONS

Department of Public Prosecutions (Cth)

Established to prosecute alleged offences against Commonwealth law

Policy threshold (unofficial) - $10,000 debt

Connection with administrative review

SOCIAL SECURITY PROSECUTIONS (NATIONWIDE)

PROSECUTIONS

Year Prosecutions Acquitted Convicted

2006/07 3,400 45 3,083

2007/08 2,658 34 2,404

2008/09 3,388 34 2,973

2009/10 3,461 25 3,073

OFFENCES - CRIMINAL CODE ACT 1995

Usually s135.2 - obtaining financial advantage• Engage in conduct• Consequent financial advantage from Commonwealth• Knowledge or belief of non-entitlement

S135.1 – general dishonesty• Does anything with intention of dishonestly obtaining a gain from

the Commonwealth

S134.1/2 – obtain property by deception• Similar to s135.2, but with deception added

PROSECUTION ISSUES

Did they engage in the alleged conduct?

Did they have knowledge or belief that they were not entitled?

Is the offending by omission?

Are there public policy grounds to withdraw the prosecution?

SENTENCING

The outcome depends on:• what the client has been charged with

• the nature of the debt, and • the clients circumstances

Range of penalty is from a promise to the Court to be of good behaviour imprisonment.

The higher the debt, the more likely imprisonment will be the outcome.

KEATING – HIGH COURT

High Court Decision – August 2013

Background – Poniatowska, Jones

Facts

Legislation/Issues

Outcome – CDPP cannot rely on s66A retrospectively; but may be able to rely on notices

Impact [cases withdrawn, referrals ret’d to Centrelink … ]

KEY MESSAGES

Your clients have a right to review decisions• Review of decisions is free and often successful

Your clients need to be very careful in dealing with Centrelink by• Asking for an interpreter

• Getting a receipt number for important calls

• Reporting correctly and advising Centrelink about changed circumstances within 14 days.

Centrelink have very broad powers of investigation• Facebook, Google, EBay, Electoral Rolls, …

FURTHER INFORMATION

Victoria Legal Aid

Legal Help 1300 792 387

http://www.legalaid.vic.gov.au

Social Security Rights Victoria

Factsheets: http://www.welfarerights.org.au/pages/factsheets.aspx