A former Bendigo community services worker has pleaded guilty to scamming more than $60,000 from the Transport Action Commission for a car crash that never happened.
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Former Amity Community Services and BDAC employee Veevaigananda Funandera appeared in the Bendigo Magistrates' Court on February 13 charged with two counts of fraudulently obtaining benefits from the TAC over several months in 2022.
The court heard Funanderan, who was living in Strathfieldsaye, lodged claims for the payments on the basis of a car crash on the Mornington Peninsula while he was driving from Bendigo to Melbourne on April 1, 2022.
Swerved 'to avoid a baby kangaroo'
According to his account of the accident, the 20-year-old "tried to avoid a baby kangaroo" on the corner of Boneo and Long Point roads, Cape Schanck, "but ended up hit myself".
On April 13 he reported the crash to Eaglehawk police, who recorded that after he swerved and slammed on the brakes to avoid hitting the kangaroo Funanderan had "whipped forward" causing his face to hit the steering wheel.
Funanderan told the police and the TAC he had then driven himself to Bays Hospital in Mornington, where he underwent emergency surgery on a broken jaw.
"The kangaroo is saved but I got injured on my jaw and chin. My jaw and chin broke," he wrote in his April 13 TAC "first service" online lodgement.
"I did my surgery on the day in the hospital."
TAC accepted claim the same day
In his TAC compensation claim lodged the next day Funanderan listed injuries to his upper jaw, lower jaw, chin, nose and tooth, with an impact of "pain", and "double jaw surgery" and "chin surgery" required.
The TAC immediately accepted the claim and began to pay Funanderan's related medical expenses, also approving loss of earnings benefits of $1490 gross a week.
Surgery in Vietnam request knocked back
However, on June 27, 2022 Funanderan's request to have the TAC pay for "osteotomy, septo and nasal septum surgery" in Vietnam was refused on the basis that the TAC is unable to pay for services outside Australia.
On July 11, 2022 the TAC became aware Funanderan had returned to work, and in an August 5 letter notified him his loss of earnings benefits had stopped.
When Funanderan disputed the decision, an August 24 informal review of his case was launched.
Hospital records show surgery pre-booked
Clinical records requested from the Bays Hospital for the review made apparent that Funanderan had pre-booked to have "elective, cosmetic jaw reconstruction surgery and wisdom teeth removal" on the date of the alleged accident.
A further investigation then revealed he had made multiple payments for the April 1 "emergency surgery" before that date and had notified Amicus Community Services at 6am that he would be unable to work that day due to the alleged 11am crash.
Further, the Bays Hospital was found not to have an emergency department or the ability to treat patients requiring emergency care.
Funanderan's orthodontist, Dr Geoffrey Wexler, confirmed he had referred him to facial surgeon Dr Sam Verco at the Bays for treatment of a pre-existing jaw condition.
He also disclosed that Funanderan had contacted him to ask him not to provide the TAC any records.
Facial surgeon Dr Sam Verco confirmed his bimaxillary osteotomy, genioplasty and removal of wisdom teeth had been pre-arranged.
Funanderan "quite brazen" but also ashamed, lawyer says
Defence lawyer Damien Roberts acknowledged Funanderan had been "quite brazen" and his scam had an element of sophistication to it but said his client was "very ashamed" of his actions.
As he was offending he found himself so stressed that he began to self-harm, cutting himself, whilst continuing to claim, Mr Roberts said.
The court heard Funanderan, who came to Australia from Malaysia in 2018 and is on a temporary work visa which expires in July, plans to apply for permanent residency.
His client had spent the years from age 6-16 in an orphanage and had "underlying issues", Mr Roberts said, which had been worsened by his offending.
However, he had now obtained a mental health treatment plan and although his crime was serious, some consideration should be given to his lack of prior convictions, mental health conditions and future work prospects.
Magistrate Russell Kelly convicted and released Funanderan on an 18-month community corrections order, and ordered him to repay the TAC $62,633.70 plus $2385 in costs and to complete 200 hours community service work.
