Aerial imagery of the devastation around Lismore during the 2022 floods. Photo: ADF.
A man convicted of defrauding the Federal Government, including claiming financial relief as a Lismore flood victim while actually living in Leeton, has been released from jail after appealing his sentence.
Brodie O’Hanlon, 26, was sentenced to 26 months imprisonment after pleaded guilty in November 2024 to five counts of dishonestly obtaining a financial advantage by deception
He was accused of making 70 fraudulent claims under various disaster relief schemes to Federal Government department Services Australia over a four-and-a-half month period from March to July 2022.
His first offence was three claims he made for benefits under the Australian Government Disaster Relief Program. This scheme provided payments to people affected by a major or widespread declared disaster.
On three occasions, Mr O’Hanlon claimed he lived in Lismore and had suffered loss in the floods that ravaged the area. He in fact lived in Leeton, an inland Riverina town just over 1100 km south of Lismore. However, he was paid $3000 for each of his flood relief claims.
In the following weeks, he also made false claims for payments under the Pandemic Leave Disaster Payment and the Disaster Recovery Allowance scheme. He received a total of $18,000 from various schemes and also applied for an additional $55,642.70 in government payments that were not given to him, either because he withdrew his application or they were determined to be fraudulent and rejected.
Judge Smith found the offences were “unsophisticated” but involved some level of planning, including the creation of names and details. Evidence suggested he committed the fraudulent acts to support a drug habit.
The Judge said these types of offences impacted on both taxpayers and those with legitimate claims, who may face additional roadblocks by bureaucrats checking for fraud. He said imprisonment was the only appropriate punishment.
Mr O’Hanlon appealed this judgement, with his solicitors arguing that Judge Smith was not presented with evidence on his mental health issues or childhood disadvantage.
In a submission to the NSW Court of Appeal, Mr O’Hanlon said his offending did not involve any actual victims; the benefit obtained was not significant and that he had a history of disadvantage, including early exposure to alcohol and drugs and a history of sexual abuse, which caused his mental health conditions.
“I accept that [Mr O’Hanlon] has shown remorse for his offending. I consider he has shown some insight into the loss caused by his criminality and that it goes beyond the actual financial loss to the Commonwealth,” the NSW Court of Appeal Judge Andrew Coleman said in a ruling published in August.
Judge Coleman ruled Mr O’Hanlon had served sufficient time in jail (November 2024 to August 2025) and should be released on a good behaviour bond. This was supported by two other judges.
Mr O’Hanlon is to be supervised by Community Corrections officers over the next 12 months and is still required to pay back just over $16,000 to the Commonwealth.
