Fraudulently Obtain Benefits From TAC

This is a case study on a charge of Fraudulently Obtain Benefits from TAC resulting in a CCO.

Our client was involved in a serious car accident over 20 years ago. It sadly resulted in him losing a limb. The traumatic experience left him physically unable to work for a period of time. Over time, although his body healed enough for him to return to work on a limited basis, the remaining psychological effects to him restricted his ability to work. He was receiving TAC (Transport Accident Commission) payments to compensate him for his full incapacitation.
In recent years however, life circumstances changed for him and the allowance he was receiving from TAC has become not sufficient for him to meet his needs. He started a truck driving business but did not inform TAC that he had returned to work. He was therefore receiving a wage and the benefits. His return to work was ultimately detected and TAC calculated that over the course of three years, he received over $100,000 to which he was not entitled.

Kristina Kothrakis provided legal representation for the client at the Melbourne Magistrates’ Court on 74 charges of Fraudulently Obtain Benefits from TAC.
This is a very serious matter to present at court given that the case involves such a high value. It was very important to properly understand the context in which the client made his decision to re-enter the workforce, and then why he failed to notify TAC. His injury had left him with complex psychological issues which had been addressed on and off over the years.

Kristina had the client reengage with his psychiatrist, who provided a very helpful report to the court. Character reference materials were also obtained from those closest to him which were able to provide the magistrate with greater insight into the struggles the client has overcome. Kristina further advised the client that it would be in his best interest to repay the money prior to court. He took the significant step of drawing upon his mortgage and paid the amount back in full. This reflected his genuine remorse for his conduct.
The magistrate was ultimately persuaded that imprisonment was not required in this instance of Fraudulently Obtain Benefits from TAC, and that the sentencing principles could all be met through the imposition of a Community Corrections Order. A treatment condition was not included as the magistrate was satisfied that the client was self-motivated in accessing resources in the community. The magistrate instead imposed a supervision component only.

Given the high value and the extended charge period, this was an excellent result.
Elements of Obtain a Financial Advantage By Deception (Commonwealth):

  • The accused dishonestly obtains a financial advantage from another person by deceiving that person
  • The other person is a Commonwealth entity

Kristina KothrakisKristina Kothrakis

Kristina has significant experience in criminal trials and also holds a degree in Science, majoring in Psychology, an invaluable area of knowledge, as many of her clients suffer from psychological disorders.

Kristina strives to achieve the best possible result for all her clients. Skilled, decisive and assertive, Kristina demonstrates dedication, care and professionalism at all times.

View Kristina Kothrakis’ profile.

DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 04/02/2019