Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

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Centrelink overpayments and offences

Information about social security fraud and what you can do if Centrelink have are charged with an offence.

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Centrelink offences are serious. If you break the law that relates to Centrelink, you may have to repay a debt and can be charged with a criminal offence. This could happen if you:

  • give false or misleading information to Centrelink
  • complete a form incorrectly – if you know it is incorrect, or complete it without caring if it is correct or not
  • get a payment that you know you are not entitled to
  • get a payment that you know is more than the amount you should have received.

Deliberately receiving an allowance, pension or other benefit that you know you are not entitled to, is a criminal offence.

You can be charged with a criminal offence, even if you pay the money back. Being charged with Centrelink offences can result in a fine or even imprisonment.

Get legal help before you speak to Centrelink.

Common types of Centrelink or social security offences may involve receiving a Centrelink payment:

  • and not declaring your income from employment or under-declaring your income, income from a business or rental property, or funds received from any other source
  • as a single person when you are in a de facto or marriage-like relationship
  • when you are no longer entitled to it
  • in more than one name – identity fraud.

If Centrelink believes you may have broken the law, they might investigate you. That means they will try to get information about whether you have broken the law.

Centrelink may ask you to go to an interview where they will record you. This is voluntary and you do not have to agree to this interview. You should get legal help before you go to an interview.

Centrelink may also come to your home to ask questions. If this happens, you should get legal help before answering any questions.

When Centrelink finishes investigating you, they may ask the Commonwealth Director of Public Prosecutions to charge you with a criminal offence.

Being charged with a Centrelink offence is serious. If you have been charged, you should get legal help as soon as possible.

Other support

Find out how you can get other support for Centrelink.

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