Commonwealth Director of Public Prosecutions

General Fraud

General Fraud

The prosecution of fraud offences is a major part of the practice of the CDPP.  These prosecutions are fundamental in protecting the resources of the Commonwealth for the benefit of all Australians.  Fraud prosecutions are diverse, can be committed in numerous ways and span the broad range of Commonwealth programs and assistance available to the Australian community, as well as the Australian taxation system.

Other types of fraud prosecuted by the CDPP include:

  • child care benefits fraud
  • aged care fraud
  • Medicare fraud
  • Australia Post fraud
  • identity fraud
  • Defence fraud
  • Customs duty fraud
  • Comcare fraud
  • fuel grant fraud
  • financial transactions fraud
  • disaster relief payment fraud
  • school funding fraud

Commonly used offences

  • s.134.2(1) Criminal Code – obtaining a financial advantage by deception
  • s.135.1(1) Criminal Code – general dishonesty – obtaining a gain
  • s.135.1(3) Criminal Code – general dishonesty – causing a loss
  • s.135.1(5) Criminal Code – general dishonesty – causing a loss to another

Penalties

The maximum penalty for an offence against section 134.2(1) of the Criminal Code is 10 years imprisonment.

The maximum penalty for offences against sections 135.1(1), 135.1(3) and 135.1(5) of the Criminal Code is 5 years imprisonment.

Sentencing

The CDPP provides sentencing data to the Commonwealth Sentencing Database (CSD).  Permission to access the CSD can be obtained at http://njca.com.au/sentencing/ .

Relevant Legislation

Criminal Code
Aged Care Act 1997
Financial Transaction Reports Act 1988
Health Insurance Act 1973
Human Services (Medicare) Act 1973

Practice Group Instructions (PGI)

PGI CFC No. 3 – PDF icon Dishonesty Offences under the Criminal Code
PGI RBF No. 2 – PDF icon Medifraud Prosecutions - unrepresented defendants

Partner Agencies