Post by Banjo on Oct 26, 2011 15:55:20 GMT 7
High Court backs woman against Centrelink
The High Court has upheld a ruling that a woman's failure to advise Centrelink of her change of employment status was not a criminal offence.
In a majority judgment, the High Court dismissed an appeal by the Commonwealth Director of Public Prosecutions against a South Australian appeals court ruling.
It had ruled a failure to notify Centrelink of a change of employment status was not a criminal offence.
Adelaide woman Malgorzata Poniatowska had her convictions overturned for claiming $20,000 of single-parent benefits while she was receiving payments from a new job.
In a 4-1 ruling, the High Court ruled her omission was not an offence.
Dozens of similar legal cases around Australia had been on hold pending the High Court ruling.
But the Commonwealth DPP says the High Court ruling will not jeopardise other cases because remedial legislation has been introduced to close the loophole.
"All cases will proceed on the basis of the amended legislation," a statement from the DPP said.
The legislation passed by Federal Parliament in August cleared up any ambiguity, requiring people to tell Centrelink of any change in circumstances that might affect their entitlements.
It applies retrospectively to March 20, 2000.
Justice Dyson Heydon said it was common for the decisions of courts to be reversed by the legislature after they have been delivered.
"It is less common for this to take place even before they have been delivered. Yet the legislature has got its retaliation in first in relation to this appeal," he said.
A spokesman for Employment Minister Chris Evans says the decision highlights how important it is for the Government to take pre-emptive action to rectify the issue
"The Social Security and Other Legislation Amendment confirmed some 15,000 convictions for social security fraud and re-affirmed that people who receive welfare must inform the Government if their circumstances change," he said.
Welfare Rights Network director Maree O'Halloran says those who have not deliberately committed a crime should not be prosecuted and face punishment.
"The people who are deliberately defrauding Centrelink often escape through the net, and the people who are trying their hardest to get work and try their hardest for themselves and their family end up getting caught up in the net, so it's really about making sure you go after the big fish not the little fish," she said.
dspoverseas.proboards.com/index.cgi?board=theactandwhateffectsus&action=post
The High Court has upheld a ruling that a woman's failure to advise Centrelink of her change of employment status was not a criminal offence.
In a majority judgment, the High Court dismissed an appeal by the Commonwealth Director of Public Prosecutions against a South Australian appeals court ruling.
It had ruled a failure to notify Centrelink of a change of employment status was not a criminal offence.
Adelaide woman Malgorzata Poniatowska had her convictions overturned for claiming $20,000 of single-parent benefits while she was receiving payments from a new job.
In a 4-1 ruling, the High Court ruled her omission was not an offence.
Dozens of similar legal cases around Australia had been on hold pending the High Court ruling.
But the Commonwealth DPP says the High Court ruling will not jeopardise other cases because remedial legislation has been introduced to close the loophole.
"All cases will proceed on the basis of the amended legislation," a statement from the DPP said.
The legislation passed by Federal Parliament in August cleared up any ambiguity, requiring people to tell Centrelink of any change in circumstances that might affect their entitlements.
It applies retrospectively to March 20, 2000.
Justice Dyson Heydon said it was common for the decisions of courts to be reversed by the legislature after they have been delivered.
"It is less common for this to take place even before they have been delivered. Yet the legislature has got its retaliation in first in relation to this appeal," he said.
A spokesman for Employment Minister Chris Evans says the decision highlights how important it is for the Government to take pre-emptive action to rectify the issue
"The Social Security and Other Legislation Amendment confirmed some 15,000 convictions for social security fraud and re-affirmed that people who receive welfare must inform the Government if their circumstances change," he said.
Welfare Rights Network director Maree O'Halloran says those who have not deliberately committed a crime should not be prosecuted and face punishment.
"The people who are deliberately defrauding Centrelink often escape through the net, and the people who are trying their hardest to get work and try their hardest for themselves and their family end up getting caught up in the net, so it's really about making sure you go after the big fish not the little fish," she said.
dspoverseas.proboards.com/index.cgi?board=theactandwhateffectsus&action=post
