Three-year jail sentence imposed for exploiting hardship superannuation support

Woman pleads guilty to 30 charges, including fraud and attempted fraud

Three-year jail sentence imposed for exploiting hardship superannuation support

The Perth District Court has sentenced a woman in High Wycombe, Perth, Western Australia to three years’ imprisonment, with an 18-month non-parole period, for submitting fraudulent applications to obtain the early release of Australian superannuation benefits amounting to over $202,000.

Last November, the woman pleaded guilty to 30 charges, comprising 27 counts of fraud under s. 409(1)(e) and three counts of attempted fraud under ss. 409(1)(e) and 552 of WA’s Criminal Code Act Compilation Act 1913, said a joint media release between the Australian Federal Police (AFP) and the Australian Taxation Office (ATO) as part of the Serious Financial Crime Taskforce (SFCT).

“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,” said John Ford, SFCT chief and ATO deputy commissioner, in the media release.

“We have robust systems in place that stop this sort of crime,” Ford stressed.

Federal investigation

The federal government – which allows Australians to access part of their superannuation savings prior to retirement in circumstances such as financial hardship and compassionate grounds – expanded the criteria in 2020 to include financial hardship due to the COVID-19 pandemic.

In this case, the SFCT identified certain individuals in WA who appeared to be attempting to illegally obtain the early release of superannuation benefits, according to the joint media release. Upon receiving this information from the SFCT, the AFP launched an investigation in 2020.

The AFP’s investigation found that the woman allegedly:

  • created and submitted 30 false severe financial hardship claims from April 2019 to April 2020 for herself and for 24 others to access superannuation payments of $10,000 each
  • used the details of professionals – including teachers, nurses, doctors, and pharmacists – for the false certification of documents and statutory declarations
  • upon receiving a hardship payment from her superannuation account, transferred the remaining balance into another fund and made another hardship application
  • arranged the release of over $202,000 to her and others through the fraudulent applications that she submitted
  • received nearly $11,000 in total fees from those whose applications she submitted through the illegal scheme

In May 2020, the AFP executed a search warrant at the woman’s residence and discovered evidence including business identification and certification stamps. The AFP laid charges against her that same month.

“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,” said Peter Chwal, AFP detective superintendent, in the media release.

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