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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I am a Family Daycare educator, and have just been advised

Customer Question

Hi I am a Family Daycare educator, and have just been advised that I may have committed fraud which I did not know I had done.
Firstly I was at the end of my probation period with a certain scheme and was trying to find a new scheme, but my parents didn't want to leave me. There has been a number of things that have happened from this previous scheme that have been underhanded and when I was terminated they did not by law contact my parents to see if they needed care, they also advised one parent that I was still working for them on the 3rd of May but I had finished on the 2nd May.
I submitted my timesheets not really knowing which date was correct, but I had also included the rest of the week on the time sheets even though I was not claiming the CCB or CCR, I just charged the parents the out of pocket fees I would normally have done. Then one of my parents questioned there fees for the week previous as her daughter had been on camp, I advised the parent that it looked like the scheme had charged full fees. Needless to say she cracked it at me and I went back to the scheme.
On their looking at the timesheets they noticed I had filled in the rest of the weeks times and charged it through hubworks, presumably under the schemes name. I did not honestly notice. Now they are saying this is fraud and they are reporting me for investigation.
Is this fraud, and what do I need to do?
Chris Hodder
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good MorningMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.Not knowing or being ignorant of the law is no excuse.How much money are we talking about? Can you afford to pay it back?
Customer: replied 1 year ago.
I'm sorry I don't understand your question? I charged for a service of a babysitting, I didn't charge the CCB or the CCR, only the out of pocket expenses that would have been charged to the parent has we claimed the full amount, so who am I paying the money back too?
Expert:  Leon replied 1 year ago.
Were the charges you added legitimate or not?
Customer: replied 1 year ago.
Yes they were, the problem was that I had put them on paperwork that related to the other scheme. It was done unintentionally, as I was told the invoicing side of the program was mine as I had paid for it but it showed up in their system.I haven't charged anyone anything I shouldn't have.
Expert:  Leon replied 1 year ago.
Can you fix the problem?