NSW Is this considered fraud?

[Anon245519]

My son is owed a substantial sum from a contractor. The contractor won't pay and so my son went to Ncat to recover the money. He altered an invoice not thinking about the consequences by $400. He withdrew it but the contractor is using this as a power play for the remaing funds. My son is owed $23000. He has not financially gained from it. We have suggested he consult a lawyer but he is concerned that the police will be involved and he will be charged. No offences. Very honest but very down with Covid.
Can anyone help?

 

[Scruff]

Highly unlikely anything would happen because NCAT could have taken action itself under s71 of the NCAT Act.

The bigger problem is that even though he withdrew it, if NCAT is aware that he tampered with the invoice, they will scrutinize the rest of his claim in a lot more detail - as they should. However if NCAT thinks it was a genuine mistake, then it shouldn't have any bearing on his case.

Far worse conduct than that happens at NCAT all the time - the members are used to it. Try going up against certain government agencies and you'll see exactly what I mean - the way their "little tin gods" behave at NCAT is appalling, particularly when it comes to giving evidence and compying with directions.

But at the end of the day, NCAT will make a decision based on the evidence in front of it. There's no point in the member letting things like that affect their judgement, because they are all well aware that doing so would be grounds for an appeal - and as we all know, no one enjoys having their decisions challenged.

 

[Anon245519]

Thank you for your response. I am concerned that the other party will take it to the police. The other party has damaged my son's car and there is video footage confirming this but my son has not told the other party. He wants to tell the police but won't unless the other party reports him to the police for the alteration on the invoice.
Has anyone had experience in such a situation?

 

[sammy01]

when was the car damaged?
Look going to the cops with footage weeks after the fact isn't a good look. Nor is altering invoices. Lesson learned - Play hard, but play by the rules.

Look, if this guy goes to the cops, I reckon your son can explain that the matter is being dealt with by Ncat and the cops are likely to walk away... But that might be a good time to show the video of the damage to the car and play the victim.... As in he didn't report the damage to the car earlier because he was scared...

 

[Scruff]

The way I see it, all of this depends on whether or not the invoice was issued to the other party (a demand for payment was made) before the invoice was submitted as evidence to NCAT.

If the invoice was issued, then yes, a demand for payment has been made and this would consitute attempted fraud under s192E of the Crimes Act.
If the invoice wasn't issued, then no demand for money was made and as such, it can't consitute fraud.

We then go to NCAT and the following happens:
1. The invoice is submitted as evidence.
2. The invoice is found to be false.
3. The applicable offence is s71 of the NCAT Act (False or misleading statements) and NOT s192E of the Crimes Act (Fraud), because the actual conduct in question occurred during an NCAT proceeding, which is governed by the NCAT Act.

Civil and Administrative Tribunal Act

71 False or misleading statements

A person must not, in any proceedings or application to the Tribunal, provide any information, or make any statement, to the Tribunal knowing that the information or statement is false or misleading in a material respect.

Maximum penalty — 50 penalty units or imprisonment for 12 months, or both.

In this case, you can condense that down to:

A person must not provide any information to the Tribunal knowing that the information is false or misleading in a material respect.

So like I said, it all comes down to whether or not the invoice was issued to the other party before it was submitted as evidence.

If it was issued, then as far as the Police are concerned, they would be unlikely to take action over $400. This could change if there was an admission of tampering during the NCAT hearing, because NCAT hearings are usually recorded.

If it wasn't issued, then as far as the Police are concerned, it's a civil matter and they won't get involved. In this case, the matter will be dealt with when NCAT makes it's final decisions in relation to the matter before it. It may take action under s71, but that is highly unlikely. Either way, at that point, the matter will have been dealt with.

 

[Anon245519]

Thankyou for your response. It helps alot.

 

[Anon245519]

Actually I have just spoken to him and he said it was given to the other party as evidence for the NCAT hearing and then he withdrew that claim. Ncat have confirmed the claim was withdrawn and now the other party wants to re open the claim. Not to pay him for the monies owed but to have him charged for the invoice.