A West Australian woman has been sentenced to 3 years’ imprisonment for illegally submitting fraudulent applications to obtain the early release of Australian superannuation benefits totalling more than $202,000.
The woman, 39, was sentenced by the Perth District Court yesterday (19 September 2024) to 3 years’ imprisonment with a non-parole period of 18 months, after pleading guilty in November (2023) to 30 charges.
The Federal Government enables people to access some of their superannuation savings before retirement in limited circumstances, including financial hardship and compassionate grounds. The criteria expanded in 2020 to include financial hardship due to COVID-19.
The AFP launched an investigation in 2020 after the Australian Taxation Office-led Serious Financial Crime Taskforce identified multiple people in WA were allegedly trying to illegally obtain an early release of superannuation benefits.
The AFP charged the High Wycombe woman on 22 May 2020, and found she submitted 30 false severe financial hardship claims from April 2019 to April 2020, for herself and 24 other people to access superannuation payments of $10,000 each.
In relation to her own applications, after successfully receiving a hardship payment from her superannuation account, she transferred the remaining balance into another fund and made another hardship application.
More than $202,000 was released to her and others as a result of the fraudulent applications she submitted.
The woman was paid a fee by each person whose applications she created and submitted; and she received almost $11,000 in fees from the illegal scheme.
She also illegally used the details of professionals such as teachers, nurses, doctors and pharmacists to falsely certify documents and statutory declarations.
When the AFP executed a search warrant at the woman’s home in May 2020, they found business identification and certification stamps as well as other evidence.
The woman pleaded guilty in November 2023 to 30 charges:
- 27 counts of fraud, contrary to section 409(1)(e) of the Criminal Code Act Compilation Act 1913 (WA)
- 3 counts of attempted fraud, contrary to section 409(1)(e) and 552 of the Criminal Code Act Compilation Act 1913 (WA).
AFP Detective Superintendent Peter Chwal said the AFP worked closely with Commonwealth and state law enforcement partners to stamp out fraud and identify anyone who tried to exploit government support.
'It is important to protect the integrity of financial support programs to ensure funds are only dispersed when people genuinely need them or can legitimately access them', Det-Supt Chwal said.
Serious Financial Crime Taskforce (SFCT) Chief and ATO Deputy Commissioner, John Ford said this case demonstrated the SFCT’s ability to deliver a whole of government response to target criminal behaviour.
'This outcome sends a clear message to the community that we do bring those who exploit the tax and super system to account, particularly those who encourage and then benefit from others committing offences. We have robust systems in place that stop this sort of crime', Mr Ford said.
This criminal investigation by the AFP was completed in partnership with the ATO-led SFCT.
The SFCT brings together the knowledge, resources and experience of relevant law enforcement and regulatory agencies to identify and address the most serious and complex forms of financial crime, which costs the Australian community millions of dollars in lost revenue each year.
The SFCT includes the ATO, AFP, Australian Criminal Intelligence Commission, Attorney-General’s Department, Australian Transaction Reports and Analysis Centre (AUSTRAC), Australian Securities and Investments Commission, Commonwealth Director of Public Prosecutions and the Department of Home Affairs, including Australian Border Force and Services Australia.
Anyone with information about suspected fraud of Government benefits can make a report via the 'Reporting Fraud' page on the Services Australia website at servicesaustralia.gov.au/fraudExternal Link, or by calling the Australian Government Services Fraud Tip-off Line on 13 15 24.
Tip-offs about taxation or superannuation matters can also be made to the Australian Taxation Office online at ato.gov.au/tipoff or by calling the ATO on 1800 060 062.