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Wauchope father of five Michael Quirk ordered to pay $100,000 in compensation, home detention

A Wauchope father of five, who wrongly claimed tens of thousands of dollars in bushfire relief funds, won’t be locked behind bars. Find out why.

Australia's Court System

Michael Quirk, a father of five from Wauchope, won’t be locked behind bars despite deceitfully claiming tens of thousands of dollars’ worth of government funds.

He appeared before Port Macquarie Local Court today, where magistrate Georgina Darcy convicted and sentenced him.

“That money was meant for genuine victims of the bushfires,” Ms Darcy said of the relief funds.

Michael Quirk, a father of five from Wauchope, won’t be locked behind bars despite deceitfully claiming tens of thousands of dollars’ worth of government funds.
Michael Quirk, a father of five from Wauchope, won’t be locked behind bars despite deceitfully claiming tens of thousands of dollars’ worth of government funds.

Quirk was charged with one count of dishonestly obtaining financial advantage by deception, and another count of attempting to do so.

The agreed police facts state that Quirk acquired the funds between 10am April 3, 2020, and 10am May 2 in the same year.

He did so by applying to Service NSW for multiple $10,000 bushfire relief payments.

Bail was initially refused by police due to Quirk’s criminal history, including a number of prior breaches, and history of violence.

In the past, Quirk has also fallen prey to ice abuse, with Ms Darcy noting the offences took place at a time when he was still using illicit substances.

However, due to his mental/physical health and family commitments, Quirk won’t be imprisoned in a traditional sense.

The magistrate instead determined an Intensive Correction Order would be more suitable.

For the actual offence of dishonestly obtaining the relief funds, Quirk was sentenced to 18 months of home detention and has been ordered to repay $100,000 to Service NSW.

For the attempt offence, Quirk will serve 12 months under house arrest in his Kings Creek Rd residence.

Two character references, from his partner and employer, were considered by Ms Darcy in making this decision.

Michael Quirk was sentenced in Port Macquarie Local Court on Wednesday.
Michael Quirk was sentenced in Port Macquarie Local Court on Wednesday.

In her letter, Quirk’s partner explained his role as the primary carer for their five children, two of which are living with disabilities.

She spoke of Quirk’s role in maintaining a routine for the children, and attending specialist medical appointments as she works in disability care during the day.

“Without his financial support, and the care he provides for his family, we will be reduced to becoming homeless,” the reference said.

“Over the last 18 months, Michael has made a massive change in his lifestyle and choices.”

The letter from his employer also noted Quirk’s good nature as a casual employee, averaging two days of work each week.

“Michael has displayed a keenness to always be available and turn up on time,” the employer’s reference said.

“He has told me about his troubled life with the law and, despite this, he is determined to do the right thing.

“If he continues to show his great work ethic, I will give him a permanent position in our team.”

This letter also explained that the employer tests all team members for drug use sporadically, which would help ensure Quirk is not using and continues along the road to recovery.

His income from this removalist role supplements Quirk’s welfare benefits.

The latest report from Community Corrections, created earlier this month, says Quirk continues to blame other parties for the offence and that he lacks insight into the impact his actions might have on the wider community.

Community Corrections also determined Quirk would be suitable to undertake community service work – up to 21 hours a month – but this punishment was not attached to the sentence handed down in court on Wednesday.

Original URL: https://www.dailytelegraph.com.au/newslocal/mid-north-coast/wauchope-father-of-five-michael-quirk-ordered-to-pay-100000-in-compensation-home-detention/news-story/934e6223b72357a039b7a9053c34be72