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Social security offences

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

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 of NSW decision to the District Court of NSW.
Two yearsTo apply for an annulment of your conviction or sentence if you missed court.

Organisations

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

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

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

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.

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

Frequently Asked Questions

Social security offences FAQs

Frequently Asked Questions about investigations, interviews and charges for social security offences.

Contact us

If you have a legal problem in NSW, Legal Aid NSW is here to help you.

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.

A criminal charge

This topic has information for adults about your rights when dealing with the police and going to court.

Last updated: June 2025

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