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8.7.7 DFISA Prosecutions

8.7.7.1If a person has made a false statement or misrepresentation under the Social Security Act 1991 (SSA) in order to receive a DFISA benefit under the VEA, then prosecution may ensue.

8.7.7.2If a misrepresentation has been made, either to Centrelink or to DVA, staff should report the fraudulent activity either to their supervisor, or to the Director of the National Fraud Control Unit, in line with the Chief Executive Instruction (CEI) 8.1. Line managers are also required to report fraud investigations to their local State Case Management Committee.

8.7.7.3In the case where the misrepresentation has been made to Centrelink, (even though the benefit has been paid by DVA), Centrelink should be informed pursuant to Guideline 4, paragraph 13 of the Commonwealth Fraud Control Guidelines. Centrelink, after being informed, will conduct its own investigation and, if appropriate, may prosecute. Similarly, if the misrepresentation has been made to DVA, DVA will initiate its own enquiry. In either case, since DVA has made the DFISA payment, it will use its own recovery methods pursuant to section 205 of the VEA, to recover any overpayment.

8.7.7.4As this advice is generalised, it is recommended that all cases where these issues arise should be referred to the Legal Services Group for advice on a case by case basis.