Commonwealth Director of Public Prosecutions

General Fraud

General Fraud

Fraud can be committed in numerous ways and span the range of Commonwealth benefit programs and the taxation system. Because of this, fraud prosecutions are diverse and fundamental to protecting Commonwealth resources so they benefit all Australians. 

Prosecuting fraud offences is a major part of our practice at the CDPP. 

We prosecute a wide variety of fraud, including:

  • 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

Key legislation

Main 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
  • offences against sections 135.1(1), 135.1(3) and 135.1(5) of the Criminal Code is 5 years’ imprisonment.

Partner Agencies

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