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 assistance available to the Australian community, as well as the Australian taxation system. Because of this, fraud prosecutions are diverse and fundamental to protecting Commonwealth resources so they benefit all Australians. 

We prosecute a wide variety of fraud, including:

  • child care benefits fraud;
  • family day care fraud;
  • Medicare fraud;
  • identity fraud;
  • Defence fraud;
  • Customs duty fraud;
  • Comcare fraud;
  • fuel grant fraud;
  • Australia Post fraud;
  • financial transactions fraud;
  • fraud related money-laundering;
  • counterfeit currency;
  • fraud against the National Disability Insurance Scheme (NDIS);
  • fraud related to Commonwealth grants administered by the Department of Social Services and Prime Minister and Cabinet;
  • Department of Veterans fraud;
  • internal fraud; and
  • disaster relief payment 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 10 years’ imprisonment.

Partner Agencies include:

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