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Social security offences

Information about investigations, interviews and charges for social security offences.

  • This topic covers

    This topic covers

    • Overpayments by Centrelink
    • Investigations, interviews and being charged for a social security offence
    • Services that can provide assistance with social security matters

Time limitAction
28 days, or three months with leave (permission) of the CourtTo appeal a Local Court decision to the District Court.
Two yearsTo apply for an annulment of your conviction or sentence if you missed court.

Organisation

OrganisationResponsibilities
NSW CourtsCriminal charges for social security offences will generally be heard in the Local Court. More serious matters can be heard in the District Court.

Legislation

AuthorityCovers
Criminal Code Act 1995 (Cth)Social security offences.

Common termDefinition

Court Attendance Notice (CAN)

The document that t​​ells you that you have to go to court because you have been charged with a criminal offence. It will list the date and time of court and the charge(s).

Hearing

This can include giving evidence, having witnesses attend or making arguments about the law. After the hearing, the Court will decide whether you are guilty or not guilty of the offence.

If you plead not guilty to an offence, you will be given a hearing date.

Mention

A short court appearance where:

  • you enter a plea of guilty or not guilty to the offence
  • ask for an adjournment, if you need more time
  • the Court may give some directions about the case.

Social security payments

Welfare payments provided by Centrelink, for example, the Disability Pension, JobSeeker Payment and Family Tax Benefit.

OrganisationFee
Local Court of NSWFees

OrganisationForms
Local Court of NSWForms
Woman working on computer

Frequently Asked Questions

Frequently Asked Questions about social security offences.

Go to questions

Our services

Contact us

Call us on 1300 888 529 between 9am and 5pm, Monday to Friday (excluding public holidays).

Commonwealth Crime Unit

Commonwealth Crime Unit is a specialist unit in Legal Aid NSW representing people charged with Commonwealth offences including Centrelink fraud. Clients can call (02) 9219 5076.

More services

Solicitor Referral Service

If you need legal help and are looking for a law firm, the Law Society of NSW Solicitor Referral Service (SRS) can provide you with a referral.

Welfare Rights Centre

Welfare rights centre can provide legal advice and information about your rights in dealing with Centrelink, including reviews or appeals and how to deal with requests for an interview.

Last updated: December 2023