Fraud and compliance

The TAC is committed to protecting the funds and other assets placed under its control and protection for the benefit of the people of Victoria.  Fraud represents potential risks to these funds and assets.

The TAC will not tolerate fraudulent or corrupt activities against its interests and will vigorously pursue parties engaged in such practices or attempting to do so.

How to make a report

Fraud and the TAC

Read the TAC Compliance and Enforcement Policy

Prosecutions

How to make a report

Should you wish to make a report of fraudulent behaviour or other breaches of the TAC legislation, please contact the TAC's Fraud and Compliance Group by emailing Fraud_Compliance@tac.vic.gov.au or by calling 1800 332 556.

Fraud and the TAC

Fraud is dishonest activity or potential financial loss to the TAC  including theft of moneys or other property by employees or persons external to the TAC. This includes:

  • the deliberate falsification, concealment or destruction of documentation
  • falsified documentation used or intended for use for a normal business purpose
  • the improper use of information or position.

The following are examples of fraudulent behaviour:

  • knowingly submitting a false claim
  • providing false information
  • working whilst on compensation benefits
  • altering a medical certificate
  • submitting false travel expense claims
  • claiming for services which were not given (service providers) and
  • providing false invoices, medical certificates.

Actions that may be taken by the TAC

Following an investigation, the TAC may:

  • Commence criminal proceedings under relevant provisions of the TA Act or relevant criminal legislation
  • Issue a letter of caution to the person
  • Determine whether civil action should be taken to recover compensation amounts overpaid
  • Refer the matter to the Victoria Police, the Coroner, the Office of Public Prosecutions (OPP) or another body (including professional or trade regulatory bodies such as the Australian Health Practitioner Regulation Agency (AHPRA) and the Legal Services  Board) or
  • Take no further action.

Any employee found to have engaged in, or concealed any such behaviour, may be disciplined, and their employment may be terminated.

TAC billing review program

The TAC has a Billing Review Program to ensure that payments for services provided to TAC clients are reasonable and appropriate. For more information please refer to:

Prevention, Detecting and Investigating Fraud 2018/19

The The TAC utilises a comprehensive toolkit of analytical methods and intelligence reporting techniques to identify potential fraud and claim anomalies.  To remain effective in the support of significant business change, our ability and capacity to rapidly and proactively identify, prevent and investigate fraud and other inappropriate payments has become more critical.

In attempting to disrupt fraud and change client /provider behaviour across the scheme the following enforcement action was taken during 2018/19:

  • There were 19 prosecutions finalised through the Magistrates Court. In all cases the TAC client registered a guilty plea. A total of $689,257 in restitution was awarded to the TAC.  Twenty-six (26) matters are currently before the courts where TAC is alleging fraud against the scheme totalling $1,733,742.
  • Cases that haven’t met the prosecution threshold are dealt with through the TAC’s principal means of achieving prompt voluntary compliance. Fifty eight (58) warning letters were sent for breaches of the Act relating to fraud and providing false information to the TAC by clients, Medical and Service Providers, incorporating demands for reimbursement.

The Forensics Group continues to be ambitious in leading industry best practice to combat fraud and corruption, heading up the Australian & New Zealand Interagency Fraud Association (ANZIFA).  This forum maintains strong support nationally across the Insurance / Fraud sector in both Commonwealth and State Jurisdictions and is now a pivotal network for discussing fraud, waste and abuse trends and patterns, as well as opportunities and challenges that confront the industry.

Another key achievement is the partnership formed between Victoria University (Sir Zelman Cowan Centre) and our Investigations & Prosecution teams developing future training opportunities for TAC employees.

During the 2018/19 financial year, the Forensics Group continued its Billing Review Program focusing on the continuous monitoring of service provider billing and the subsequent payments made to service providers.  The scope covers all service providers who support clients including medical, allied health, care, gardening, home cleaning, equipment provision etc. The program has an emphasis on ensuring that the invoicing supplied to the TAC by service providers is an accurate reflection of the services that have been provided to TAC clients.  An additional focus is placed on ensuring that the services and payments are made in line with the Transport Accident Act 1986 and the relevant fee schedules, policies and guidelines.

Analytical models and techniques were continually refined, updated and created to assist in the identification of areas of concern.  In addition issues were identified by TAC staff along with tip offs from the public.

For the entire financial year, reviews were completed on over 56,000 payments made to 771 providers across a broad range of disciplines.

The TAC’s Forensics Group’s Billing Review Program recovered over $2.27 million in reimbursements from providers for payments received that they were not entitled to.

Prosecutions

Date Defendant Court Judge/ Magistrate Result
21 Nov 2019 Nicholas I Ringwood Magistrates' Court Starvaggi
  • Plea of guilty
  • With Conviction
  • Restitution of $18,067
  • Fine of $2,500
  • Professional Costs of $500
14 Nov 2019 Amy P Seymour Magistrates' Court Cottrill
  • Guilty
  • With conviction
  • Restitution of $8,529.12
  • Fine of $1,750
23 Oct 2019 Viney K Broadmeadows Magistrates' Court Trumble
  • Plea of guilty
  • Finding of guilt
  • Restitution of $8,191.30
  • 18 month Good Behaviour Bond
21 Oct 2019 Luke A Broadmeadows Magistrates' Court Hoare
  • Plea of guilty
  • With conviction
  • Restitution of $30,950.25
  • Fine of $3,000
03 Oct 2019 Chethuri H Dandenong Magistrates' Court McRae
  • Plea of guilty
  • Finding of guilt
  • Restitution of $15,114.20 ($3,000 had already been repaid by the accused)
  • 12 Month Good Behaviour Bond with a condition that the accused make a donation of $500 to the Road Trauma Awareness Services
  • $500 in costs
03 Oct 2019 Alexandria M Sunshine Magistrates' Court Pitthouse
  • Plea of guilty
  • With conviction
  • Restitution of $7,995
  • 12 month Community Corrections Order during which the accused is to perform 200 hours of unpaid work
04 Sep 2019 Stephen W Shepparton Magistrates' Court Mithen
  • Plea of guilty
  • Conviction
  • Restitution of $53,238.71
  • Professional costs of $500
  • 12 month Community Corrections Order with the following conditions, (1) Supervision by the Office of Corrections for the duration of the order.  (2) Must perform 100 hours of unpaid community work.
02 Sep 2019 Ashley C Latrobe Magistrates' Court Studham
  • Plea of guilty
  • Conviction
  • Restitution of $112,054
  • 18 month Community Corrections Order with the following conditions, (1) Supervision by the Office of Corrections.  (2) Must undergo Mental Health Treatment and programs, and (3) Must perform 250 hours of unpaid community work.
15 Aug 2019 Tobias S Frankston Magistrates' Court Gattuso
  • Plea of guilty
  • Conviction
  • Fine of $4,000
  • Client repaid the fraud amount of $24,758 prior to sentencing.
18 Jul 2019 Viorel F Dandenong Magistrates' Court Bolster
  • Plea of guilty
  • Finding of guilt
  • Fine of $2,000
16 Jul 2019 Tina K Broadmeadows Magistrates' Court Hoare
  • Plea of guilty
  • Conviction
  • Fine of $3,000
  • Restitution of $42,289.46
11 Jul 2019 Cameron F Geelong Magistrates' Court Lesser
  • Plea of guilty
  • Conviction
  • Imprisonment of 92 days (3 months) with a period of 92 days reckoned as served
  • 12 Community Corrections Order with condition that the accused perform 120 hours of unpaid work in that period
  • Restitution of $118,885.02
  • Professional costs of $500
27 Jun 2019 John S Ballarat Magistrates' Court Saines
  • Plea of guilty
  • Conviction
  • 6 month custodial sentence
  • Professional costs of $1,000
06 Jun 2019 Simone S Dandenong Magistrates' Court Spencer
  • Plea of guilty
  • Finding of guilt
  • 12 Month Community Corrections Order
  • Perform 200 hours of unpaid community work
  • Restitution of $11,853
06 Jun 2019 Corina F Dandenong Magistrates' Court Spencer
  • Plea of guilty
  • Finding of guilt
  • Fine of $4,000
  • Restitution of $17,640
  • Professional costs of $500
05 Jun 2019 Peter D Melbourne Magistrates' Court Fitzgerald
  • Plea of guilty
  • With conviction
  • 24 Month Community Corrections Order
  • Perform 240 hours of unpaid community work
  • Undergo treatment for drug addiction
  • Restitution to the TAC of $24,286.12
03 Jun 2019 Alexander B Heidelberg Magistrates' Court Ballek
  • Plea of guilty
  • With conviction
  • 12 Month Community Corrections Order
  • Perform 200 hours of unpaid work
  • Undergo assessment and treatment for drug and mental health issues
  • Restitution to the TAC of $14,814.72
  • Professional costs of $500
09 Apr 2019 Emidio M Geelong Magistrates' Court Coghlan
  • Plea of guilty
  • With a finding of guilt
  • Fine of $2,000
  • Professional costs of $500
29 Mar 2019 Rebecca W Ballarat Magistrates' Court Jones
  • Plea of guilty
  • With a finding of guilt
  • 12 Community Corrections Order – to complete 150 hours of community service
  • Professional Costs of $500
  • Restitution of $19,530.07 ($21,400 was paid prior to the plea)
25 Mar 2019 Ricky B Shepparton Magistrates' Court Farram
  • Plea of guilty
  • With conviction
  • Fine of $2,500
  • Restitution of $36,214.14 - Stay to 22/09/2019 was granted
29 Jan 2019 Mohamed N Heidelberg Magistrates' Court Warda
  • Plea of guilty
  • With conviction
  • 18 month Community Corrections Order and to undergo a mental health assessment and subsequent treatment as part of the order
  • Restitution of $29,143.68
  • Costs of $500
08 Jan 2019 Adrian K Geelong Magistrates' Court Raleigh
  • Plea of guilty
  • With conviction
  • 12 Month Community Corrections Order
  • Restitution of $51,654
20 Dec 2018 Leon J Melbourne Magistrates' Court Bott
  • Plea of guilty
  • With conviction
  • 13 Month Community Corrections Order
  • $116,611 repaid to TAC prior to the matter being heard
12 Dec 2018 Raymond R Bendigo Magistrates' Court Southey
  • Plea of not guilty
  • With conviction
  • Restitution of $10,710
  • Costs of $2,581
  • Fine of $5,000
29 Nov 2018 Brendan B Sunshine Magistrates' Court Burns
  • Plea of guilty
  • With conviction
  • Restitution of $25,835.37
  • Costs of $500
  • 12 Month Community Corrections Order with condition that 100 hours of unpaid work be performed
15 Nov 2018 Emily G Ringwood Magistrates' Court Bolster
  • Plea of guilty
  • With a finding of guilt
  • Restitution of $11,065.20
  • Fine of $2,000
  • Legal costs of $500
01 Nov 2018 Joel S Dandenong Magistrates' Court McCrae
  • Plea of guilty
  • With conviction
  • 150 hours of unpaid community work
  • 12 month Community Correction Order - to undergo a mental health assessment and treatment as part of this order
  • Restitution of $31,700.55.
17 Oct 2018 Lovnish M Broadmeadows Magistrates' Court Grinberg
  • Plea of guilty
  • With a finding of guilt
  • 12 Month good behaviour bond
  • $1,000 donation to the Court Fund
  • During the plea in mitigation the accused made representation that he was willing to repay all monies owed to the TAC immediately. The accused repaid the full amount owed to the TAC being $5,262.50 and $500 in TAC costs prior to sentencing by the magistrate.
18 Sep 2018 Andrew T Moorabbin Justice Centre Barrett
  • Plea of guilty
  • With conviction
  • Restitution of $55,559.06
  • Fine of $5,000
  • 12 Month Community Corrections Order with conditions: The conditions of the order were that the accused perform 150 hours of unpaid community work, undergo mental health assessment and treatment and undergo programs to reduce the chances of re-offending.
05 Sep 2018 Douglas G Dandenong Magistrates’ Court Bazzani
  • Plea of not guilty
  • With a finding of guilt
  • Restitution of $97,802.27
  • Fine of $5,000
  • Accused lodged an appeal against the decision and sentence.
16 Aug 2018 Sophea M Dandenong Magistrates’ Court Wardell
  • Plea of guilty
  • With conviction
  • Restitution of $88,062
  • 12 Month Community Corrections Order with conditions: The conditions of the order were that the accused be under the supervision of the Office of Correction for the duration of the order, that the accused undergo drug assessment and treatment and undergo assessment and treatment for mental health issues.
28 Jun 2018 Abu A Broadmeadows Magistrates’ Court Grinberg
  • Plea of guilty
  • With a finding of guilt
  • Restitution of $38,643.60
  • 200 hours of unpaid community work and treatment and rehabilitation as part of a 12 month Community Correction Order
25 Jun 2018 Victoria U Werribee Magistrates’ Court Burns
  • Plea of guilty
  • With conviction
  • 150 hours of unpaid community work as part of a Community Corrections Order
  • Restitution of $20,114
16 Apr 2018 Karlie C Broadmeadows Magistrates’ Court Burchill
  • Plea of guilty
  • With a finding of guilt
  • 2 Year good behaviour bond
  • Restitution of $15,140.54
  • Professional costs of $500
03 Apr 2018 Ljupce K Heidelberg Magistrates’ Court O'Callaghan
  • Plea of guilty
  • With a finding of guilt
  • Fine of $300
21 Mar 2018 Muhammad Y Melbourne County Court Higham

The appeal was heard on 21/03/2018 and His Honour Judge Higham at the Melbourne County Court on the two charges as previously appealed to a 12 month Community Corrections Order, with conditions that the accused be under the supervision of the Office of Corrections for the entire time and that the accused perform 100 hours of unpaid community work. The judge also ordered that the accused pay the TAC compensation in the amount of $44,529.98

15 Feb 2018 Lazar K Ringwood Magistrates’ Court McNamara
  • Plea of guilty
  • With conviction
  • Restitution of $5,907.50
  • Fine of $2,000
  • Costs of $500
06 Feb 2018 Peter B Werribee Magistrates’ Court Burns
  • Plea of guilty
  • With a finding of guilt
  • Restitution of $6,384.52
  • Fine of $750
  • Costs of $500
15 Dec 2017 Muhammad Y Broadmeadows Magistrates’ Court Fallah
  • Plea of guilty
  • Aggregate term of 2 months imprisonment to be served immediately
  • Restitution of $44,529.98
  • Costs of $550.00
07 Dec 2017 Marcus F Melbourne Magistrates’ Court Bourke
  • Plea of guilty
  • With a finding of guilt
  • Fine of $1,800
  • Costs of $500
01 Nov 2017 Anthony L Neighbourhood Justice Centre Collingwood
  • Plea of guilty
  • Sentenced with a finding of guilt
  • Placed on 12 month good behaviour bond
  • Need to repay $4,615.51
27 Sep 2017 Catherine P Assessment & Referral Court at the Melbourne Magistrates’ Court Collins
  • Plea of guilty
  • With a finding of guilt
  • 12 month good behaviour bond with condition to seek treatment as directed by the court
31 Aug 2017 Ekrem K Broadmeadows Magistrates’ Court Grinberg
  • Plea of guilty
  • With a finding of guilt
  • Restitution of $34,014
  • Fine of $12,000
  • Professional costs of $500
17 Aug 2017 Phillip S Ringwood Magistrates’ Court Sargent
  • Plea of guilty
  • With conviction
  • Restitution of $13,500
  • Fine of $1,000
  • Professional costs of $500
  • Court costs of $119.90
17 Jul 2017 Alex N Melbourne Magistrates’ Court Holzer
  • Plea of guilty
  • With conviction
  • Fine of $3,000
  • 3 months imprisonment wholly suspended for 2 years
  • Restitution of $33,154.10
  • Professional costs $500.00
28 Jun 2017 Mark P Heidelberg Magistrates’ Court Alger
  • Plea of guilty
  • With conviction
  • Fine of $3,000
  • Restitution of $29,987
  • Professional costs $500.00
  • Stay for payment of fine to 21/12/2017
02 Jun 2017 Agostino V Sunshine Magistrates’ Court Pitthouse
  • Plea of guilty
  • Charge 1: Conviction and sentenced to 3 months imprisonment wholly suspended for 2 years
  • Charge 2: Conviction and fine of $5,000
  • Restitution of $54,636.89
  • Professional costs $500.00
27 Apr 2017 Molood M Dandenong Magistrates’ Court Connellan
  • Plea of guilty
  • With a finding of guilt
  • Restitution of $22,774.93
  • Professional costs of $500.00
  • Fine of $1,200.00
05 Apr 2017 Jade S Sunshine Magistrates’ Court Fitzgerald
  • With conviction
  • Restitution of $3,000 with a stay of 3 months to pay the Restitution
  • 12 Community Correction Order to perform 50 hours of unpaid community work
16 Mar 2017 Paul H Geelong Magistrates’ Court Coghlan
  • Plea of guilty
  • With conviction
  • Sentence 4 months imprisonment
  • Restitution of $34,989.67
  • Statutory costs of $119.90
  • Professional costs of $500

Appeal Hearing date 4 April 2017 at Geelong Country Court:

  • Her Honour Judge Campton suspended the sentence for 12 months. Her Honour identified that the accused had no significant priors, the plea of guilty and the amount involved compared with other cases warranted that the sentence be suspended rather than an immediate term to serve.