Court hears how man used NDIS money to try ‘fix up’ boats to buy van for disabled son

A Queensland man used NDIS funds meant for services for his disabled son to buy a tinny, boat hulls and engines. But his lawyer says he did it for his son.

Cary Thomas White pleaded guilty in Bundaberg District Court to five counts of gaining a financial advantage by deception. Photo: File

A man has been jailed after he defrauded the NDIS to fix up and sell boats to fund the purchase of a van to transport his disabled son.

Cary Thomas White, 54, pleaded guilty in Bundaberg District Court on Wednesday to five counts of gaining a financial advantage by deception.

The court heard White is the carer for his disabled son, who is non-verbal and suffers from seizures, he is also the nominated provider for services for him under the NDIS.

During a period of about nine months, between July 2019 and March 2020, White made a number of claims and was paid numerous amounts of money for things that were supposedly related to services.

The court heard under the NDIS supporting documentation isn’t always needed when making a claim, putting a lot of trust in those using the system.

White used the money to buy a tinny boat, two boat hulls and two boat motors.

When his accounts were examined, a number of transactions were found where White had “appropriated to himself” a sum of $41,767.83.

The court heard when White was confronted by investigators and police he made “false denials”.

Federal prosecutor Rebecca Blaszczyk told the court the maximum penalty for the offence was 10 years’ imprisonment and/or a fine of $126,000.

Ms Blaszczyk told the court White’s plea came at an early opportunity and that he had a dated and irrelevant history.

She said White’s offending was aggravated by a breach of trust in misusing the funding.

White’s barrister Callan Cassidy told the court his client’s offending was “out of character” and that he didn’t intend to use the money to live “lavishly” or “indulge in luxuries”.

Mr Cassidy told the court his client had previously worked as a boat builder but gave up his job to look after his son.

He said White intended to use the motors and hulls to fix up boats and then sell them on for a profit to buy a van with services to transport his son.

Mr Cassidy said White had previously applied to get funds for a van and was previously declined, so decided to fix up the boats and use the profits to buy the van.

The court heard White had since purchased a “modest” van which had been fitted with facilities to help with the needs of his son.

Mr Cassidy conceded that White had exposed himself to spending time in custody.

Judge Michael Rackemann took into account White’s plea of guilty came at a timely opportunity and described the offending as “serious”.

He also took into account White’s role in caring for his son.

Judge Rackemann said it was “surprising” that NDIS claims did not require “evidence of legitimacy”.

“The scheme is particularly vulnerable to fraud,” he said.

Judge Rackemann acknowledged White did not obtain the boat items for “luxury” purposes and said it sat “comfortably” that the context of the offending showed dedication to supporting his son.

But he said that it was not an excuse for what he had done.

He said White had good prospects of rehabilitation and said it was “unlikely” he would reoffend.

Judge Rackemann said it was important the sentence imposed also served as a general deterrent.

White was sentenced to 21 months’ imprisonment and will be released on a $1000 good behaviour bond for two years after serving three months in custody.