A former Commonwealth public servant has avoided imprisonment despite admitting to establishing a fake Centrelink account to receive JobSeeker payments.

Daniel Martin, aged 42, pleaded guilty to two counts of defrauding the Commonwealth and disclosed in the ACT Magistrates Court that he had transferred nearly $4,000 to his teenage son's bank account between March and April 2021. 

Mr Martin lost his job in July due to the fraud and has since paid back the money. Prosecutors called for a prison sentence, but Martin's lawyer, Brandon Bodel, contended that Martin's actions were not motivated by greed, but rather out of desperation to support his family amid Canberra's increasing living costs.

Mr Bodel submitted evidence to the court showing that Mr Martin was still grappling with debt, amounting to about $16,000, including overdue energy bills. 

Mr Bodel requested that Mr Martin not be imprisoned and instead be granted conditional release to repay his debts. 

The lawyer stated that Mr Martin had suffered a significant fall from grace as a result of his conduct and that such a sentence would serve as a severe lesson to him. Mr Bodel also argued that Mr Martin's trustworthiness made it easier for him to engage in such wrongdoing.

Magistrate Ian Temby acknowledged Mr Martin's remorse and his struggles to pay for his life in Canberra. 

He also observed that while it was a small sum of money, it was a serious offence that required planning and sophistication. 

Magistrate Temby, however, did not want to impose a punishment that would be too crushing for Mr Martin to overcome. He therefore sentenced Mr Martin to six months but released him on an 18-month good behaviour bond with 60 hours of community service. Magistrate Temby stated that he accepted that Mr Martin was remorseful and would not repeat such behaviour.