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
- Criminal Code
- Aged Care Act 1997
- Financial Transaction Reports Act 1988
- Health Insurance Act 1973
- Human Services (Medicare) Act 1973
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:
- Comcare
- Department of Defence
- Australian Border Force
- Services Australia
- Services Australia (Medicare)
- Department of Social Services
- Department of Prime Minister and Cabinet
- National Disability Insurance Agency
- Department of Veterans Affairs
- Department of Education
- Australian Transaction Reports and Analysis Centre
Practice Group Instructions (PGI)
PGI CFC No. 3 –
PGI RBF No. 2 –