Post by Banjo on May 9, 2013 5:19:52 GMT 7
Welfare cheats avoiding laws
THE convictions of up to 15,000 welfare cheats could be in jeopardy after a landmark High Court decision ruled a backdated "fix" to social security laws was invalid.
It follows a decision by the court to defer a case involving a single mum charged with failing to properly declare $7000 in income benefits from 2005 to 2009.
Legal experts said it painted a picture of uncertainty for those who had been prosecuted for fraudulently not declaring changes in income or lifestyle to Centrelink in the 11 years to 2011. These prosecutions have been put on hold, pending this ruling.
Legal Aid director of civil justice, access and equity Kristen Hilton said the ruling centred on backdated legislation brought in by the federal government in July 2011 aimed at "fixing" a loophole in social security laws.
That made it clear that welfare recipients have a legal obligation to tell Centrelink about changes in their earning or living arrangements so they are not over-paid.
The legislation stated they could be charged with fraud if they didn't declare such things as moving in with a partner while claiming a single parent benefit, or extra shifts at a part-time job.
The court found you can only be charged with fraud for failing to tell Centrelink about changes in circumstances after the new law was introduced in July 2011.
Ms Hilton said it was unclear what would happen to the 15,000 already prosecuted under the 2011 laws but their convictions had been "put into doubt" by the decision.
Ms Hilton welcomed the High Court ruling as a "commonsense" decision that essentially reinforced the legal principle that you "can't prosecute people for crimes that didn't exist at the time they committed them".
Ms Hilton said not all people prosecuted for fraud under the 2011 legislation had deliberately set out to rort the system, as some had simply misunderstood the need to update Centrelink.
She said Centrelink did not have to prosecute clients for fraud, instead it could claw back over-payments through "administrative processes".
A spokesman for the Department of Education, Employment and Workplace Relations said: "The Australian community expects that those who defraud the Australian taxpayer will be dealt with appropriately according to the law. Any technical implications arising from the High Court's decision will be considered by the government in due course."
www.perthnow.com.au/news/national/welfare-cheats-avoiding-laws/story-fndo4gtr-1226637924743
THE convictions of up to 15,000 welfare cheats could be in jeopardy after a landmark High Court decision ruled a backdated "fix" to social security laws was invalid.
It follows a decision by the court to defer a case involving a single mum charged with failing to properly declare $7000 in income benefits from 2005 to 2009.
Legal experts said it painted a picture of uncertainty for those who had been prosecuted for fraudulently not declaring changes in income or lifestyle to Centrelink in the 11 years to 2011. These prosecutions have been put on hold, pending this ruling.
Legal Aid director of civil justice, access and equity Kristen Hilton said the ruling centred on backdated legislation brought in by the federal government in July 2011 aimed at "fixing" a loophole in social security laws.
That made it clear that welfare recipients have a legal obligation to tell Centrelink about changes in their earning or living arrangements so they are not over-paid.
The legislation stated they could be charged with fraud if they didn't declare such things as moving in with a partner while claiming a single parent benefit, or extra shifts at a part-time job.
The court found you can only be charged with fraud for failing to tell Centrelink about changes in circumstances after the new law was introduced in July 2011.
Ms Hilton said it was unclear what would happen to the 15,000 already prosecuted under the 2011 laws but their convictions had been "put into doubt" by the decision.
Ms Hilton welcomed the High Court ruling as a "commonsense" decision that essentially reinforced the legal principle that you "can't prosecute people for crimes that didn't exist at the time they committed them".
Ms Hilton said not all people prosecuted for fraud under the 2011 legislation had deliberately set out to rort the system, as some had simply misunderstood the need to update Centrelink.
She said Centrelink did not have to prosecute clients for fraud, instead it could claw back over-payments through "administrative processes".
A spokesman for the Department of Education, Employment and Workplace Relations said: "The Australian community expects that those who defraud the Australian taxpayer will be dealt with appropriately according to the law. Any technical implications arising from the High Court's decision will be considered by the government in due course."
www.perthnow.com.au/news/national/welfare-cheats-avoiding-laws/story-fndo4gtr-1226637924743
