Latest News

The Office of the Director of Public Prosecutions (Cth) Corporate Plan 2024–28 is now available and aims to guide and connect our strategic themes, as well as annual business and operational planning across our national prosecution practice through to 2028.

The Director of Public Prosecutions (Cth) Raelene Sharp KC confirmed that on 1 June 2024, Warren Day will join the CDPP on secondment for 6 months, as the Director’s Executive Officer. 

On 5 March 2024, CDPP staff acknowledged the 40 year anniversary of the Office being established.

The CDPP’s Diversity and Inclusion Strategy 2024-26 is now available.

The CDPP has launched a range of branded cultural elements which were designed by

Federal Attorney-General, the Hon Mark Dreyfus KC MP, today announced the appointment of Ms Raelene Sharp KC as the next Commonwealth Director of Public Prosecutions.
The CDPP 2022-23 Annual Report was tabled in Parliament on 18 October 2023.

The CDPP’s Corporate Plan 2023–27 is now available.

Social Security Fraud

Social Security fraud is an important part of the CDPP’s practice. The Department of Human Services (DHS) refers briefs of evidence in relation to allegations that people have intentionally engaged in conduct that has seen them receive social security benefits they know they are not entitled to.

Cases typically involve someone receiving benefits that have been calculated on a false premise.

For example, the person claims they are unemployed when in fact they are in paid employment, or they are single when in fact they are in a relationship.

Cases can also involve people using false identities to direct payments to their own bank account, frauds involving false claims for care of children and frauds whereby a person receives benefits on behalf of someone who is dead or where multiple identities are used to obtain multiple benefits. 

If there has been continuing fraud over many years, prosecutions may involve significant sums of money. Social security fraud prosecutions can also be very complex and demanding, and involve technical evidence of DHS’s benefits systems. There has also been considerable innovation with customers now able to claim benefits and provide information through technology such as voice recognition systems, mobile apps and electronic facilities. As a consequence, a large proportion of social security fraud is committed online. Evidence of electronic systems and their operation form an important part of briefs of evidence from DHS.

We work closely with the DHS to achieve best practice when investigating and prosecuting in this important area. Prosecution action deters people from committing social security fraud which in turn protects Commonwealth resources and ensures support is provided where it is most needed in our community.

Key legislation

Main offences

  • s.134.1(1) Criminal Code—obtaining property by deception
  • s.134.2(1) Criminal Code—obtaining a financial advantage by deception
  • s.135.1(5) Criminal Code—general dishonesty—causing a loss
  • s.135.2(1) Criminal Code—obtaining a financial advantage.

Penalties

The maximum penalties are:

  • 10 years’ imprisonment for offences of obtaining property and obtaining a financial advantage by deception
  • 10 years’ imprisonment for an offence of general dishonesty
  • 12 months’ imprisonment for an offence of obtaining a financial advantage.

Partner agency

Practice Group Instructions (PGI)

PGI RBF No. 1 : 

 

PGI CFC No. 3 :

 

PGI RBF No. 4 :