10 June 2017

DPP (Cth) v Dhal: Childcare Benefit Fraud

This is a Victorian County Court criminal case in which the defendant (Adior Dhal) pleaded guilty to one charge of dishonestly causing a loss to a Commonwealth entity under section 135.1(3), Commonwealth Criminal Code. The defendant was a family day care educator that was charged as part of a broader operation by the Australian Federal Police in regard to family day care fraud. In this case the educator submitted false times sheets to the family day provider who submitted them to the Commonwealth Department for payment. The payment was made to the provider and then given to the educator, less an administration fee. In essence, the educator dishonestly claimed and received payment for childcare services that were not provided.

Unusually, for a plea of guilty, the details of the case were published and you can see the transcript of the judge's sentencing here. The defendant was convicted and sentenced to 12 months imprisonment, wholly suspended for two years, and released under a Recognisance Release Order of $1,000 to be of good behaviour for two years and subject to lawful directions of a psychologist and engage in trauma and gambling counselling with bi-annual reports to be provided to the Court and Commonwealth Director of Public Prosecutions (DPP) for a period of two years. She also had to repay $82,813.70.

No comments:

Post a Comment