Kayley Cunynghame, 28, of Lindens Close in Kelso, appeared before magistrate Michael Allen in Bathurst Local Court on Monday charged with obtaining financial advantage from a Commonwealth entity.

Her solicitor James Horsburgh made an application to have a non-publication order placed on Cunynghame’s name.

Mr Allen queried the legislative basis of his application and when Mr Horsburgh was unable to provide one, Mr Allen refused the application, saying the judicial system was transparent for good reason.

Mr Horsburgh said his client was a 28-year-old single mother who under-declared her income. He said she was earning $650 a week, her expenses far outweighed her income and she found herself in a dire financial situation.

He said his client is now in a new relationship, though does not live with her partner, and has started paying back Centrelink.

Mr Horsburgh said he also wanted to inform the court that an overseas holiday his client took was not paid for by any of the Centrelink proceeds, but by her mother.

He also tendered a letter to the court written by his client stating how remorseful and ashamed she was of her actions, and a number of references written by friends and colleagues.

Mr Horsburgh said his client was extremely remorseful and highly embarrassed by what she had done.

In sentencing, Mr Allen accepted Cunynghame’s early plea of guilt and said he suspected it was a period in her life she would change if she could, to which Cunynghame nodded in agreement.

But he said her conduct and that of others like her was difficult to identify.

“We as a community look after the less fortunate who fall on financially hard times,” he said.

He said when the system was abused, the community become anxious - and for good reason.

Mr Allen said Cunynghame’s conduct came from a perceived need and a misconstrued need for ongoing assistance.

He said Cunynghame had been co-operative with authorities since her behaviour was detected. 

He convicted Cunynghame, placing her on a Commonwealth Section 20 1 (a) Recognizance for a period of 20 months.

He also ordered a reparation order of $39,089.41 and made an order for Cunynghame to be photographed and fingerprinted within seven days.