A convicted family day-care fraud who stole $3.6 million from taxpayers through her Aussie Giggles day care centre has allegedly been receiving Centrelink study payments for Indigenous students despite not being Indigenous, the NSW District Court has heard.
Melissa Jade Higgins appeared before her bail hearing on Friday after being found guilty of more than 80 forgery and fraud offences that allowed her to amass a multi-million dollar fortune out of her family daycare centre on the NSW-Victorian border.
![Melissa Jade Higgins outside the Downing Centre for her bail hearing.](/web/20161126125851im_/http://www.smh.com.au/content/dam/images/g/s/x/a/d/z/image.related.articleLeadwide.620x349.gsxhru.png/1480063096202.jpg)
Ms Higgins falsified claims for $180 an hour in subsidies for 14 children who were at risk of neglect or abuse and others that never attended her Aussie Giggles day care centre in Wodonga, netting her $225,000 a month over a two-year period between 2013 and 2015.
The crown opposed bail due to the "unacceptable risk" of Ms Higgins not appearing before her sentencing due to the "inevitability of a custodial sentence," the imprisonment for one of her 81 convictions, dealing with the proceeds of crime valued at over $1 million, carries a maximum term of up to 25 years.
Ms Higgins' defence barrister Luke Brasch, argued the 29-year-old was not a flight risk because of her strong family ties and no criminal history. She has never failed to attend court since her arrest by the Australian Federal Police 18 months ago when $2,250,000 was seized along with her $90,000 car.
He also said living at her home in Sydney would allow her to see a psychologist before serving any prison term.
Ms Higgins' sister Sonya Higgins told the court her younger sister would be able to continue to live with her in their six-bedroom house near Cronulla and contribute to the $1300 a week in rent, despite being on unemployment benefits.
The crown prosecutor, acting on behalf of the Federal Department of Education and Department of Human Services, alleged that Melissa had been receiving Abstudy, a government payment for Indigenous students until November this year.
Sonya confirmed her sister was not of Indigenous heritage, but said she was not aware of the details of her Centrelink payments.
When asked how the pair afford to pay the rent for the six bedroom house, Sonya, a single unemployed mother, told the court she had previously had $10,000 in her possession.
"We had money before and it was put towards the rent," she said.
Judge Donna Woodburne refuted the crown's concern over Ms Higgins potential failure to appear because of "the inevitability of Ms Higgins being sentenced to full-time imprisonment".
"I'm not of the opinion that there is an unacceptable risk that the offender will not appear on the sentence date," she said.
Ms Higgins was granted bail under strict conditions and will report to police daily. She will be sentenced on March 24.
With Filip Stempien