• Online fraud occurs when a deception or a fraud offence occurs over the internet.
• The most common example is email scams where people are induced (persuaded) to send large sums of money overseas on the basis they may be entitled to a windfall (lucky) payment that never eventuates.
• They operate the same way that other fraud and deception offences do in that the victim is persuaded to part with money because of a lie.
• What makes online scams different is that they are largely unprosecuted. The people who perpetuate these scams are generally based overseas and are beyond the reach of Australian authorities.
• It is very rare for online scams to be prosecuted in an Australian court.

• Credit card fraud refers to deceptions committed by using a credit card to withdraw cash or make purchases. It can occur:
  • in a shop;
  • at an ATM; or
  • online.
• Deceptions can occur where a person:
  • uses their own card to withdraw money or make a purchase despite having closed their account; or
  • uses another person’s card to withdraw money or make a purchase without that person’s consent.
• Deception is given a wide legal definition. It includes acts done with the intention of causing a computer system or a machine to make a payment that the accused person is not authorised to make.
• It does not matter that an actual person has not been deceived.
• If you think you may have been the victim of credit card fraud you can use our Phone a Lawyer service to get a preliminary consultation about your situation.

• Yes and no. Evading payment of tax by deception often covers the same conduct as the offence of obtaining financial advantage by deception.
• Australian Tax law contains a number of tax-specific offences. Authorities would be more likely to charge a person with offences contrary to taxation legislation rather than under the criminal law.
• If you have any concerns you can use our free and anonymous Ask a Lawyer service to get information specific to your situation.

• Insurance fraud refers to the situation where deceptions are committed against an insurance company.
• It is a broad term and covers the following types of conduct:
  • where a person makes a claim for insurance when they have suffered no loss:
    • for example telling an insurance company an item has been stolen when it hasn’t;
  • where a person makes a genuine claim for insurance but exaggerates the extent of their loss:
    • for example making a claim for repairs to a motor vehicle as a result of an accident and including pre-existing scratches or damage in the claim; and
  • where a person lies on an insurance application to obtain a lower premium:
    • for example not telling the insurance company about previous car accidents on an application for motor vehicle insurance.

• Social security fraud occurs when a person provides false or misleading information to a government department such as Centrelink in order to gain social security benefits.
• Offences relating to social security fraud are federal offences and governed by Commonwealth legislation. This means the law is the same in every state.
• Many social security offences are ‘strict liability’ offences. This means you can be found guilty regardless of whether you intended to commit the offence or not.
• Even if Centrelink have been making overpayments to you in error you can still be charged with social security fraud.
• If Centrelink tell you they want to interview you about an overpayment you should contact a lawyer immediately. You may be able to contact a solicitor in your area by using our free Find a Lawyer directory.

• No. Identity theft of itself is not fraud although it can be the subject of further charges.
• Fraudulent conduct occurs when a person uses the stolen identity to obtain property or a financial advantage for themselves. The deception is using the stolen identity.

• Electoral fraud refers to offences against electoral or voting legislation.
• It covers the following conduct:
  • multiple voting;
  • impersonation;
  • bribery in relation to voting; and
  • false enrolment.
• The following acts are not considered to be electoral fraud:
  • a failure to vote;
  • a failure to enrol to vote;
  • the non-disclosure of a gift or donation; and
  • a failure to authorise electoral advertising.

• You will not be penalised for not talking to the police or any other government authority such as Centrelink.
• If you are interviewed you should:
  • ask to speak to a lawyer before the interview;
  • give them your name and address; and
  • give them your date of birth.
• You have the right to answer “no comment” to any further questions asked of you by the police. Answering “no comment” cannot be used against you at a later court hearing.

If you have been accused of fraud or deception our LegalPlan™ membership will allow you to ask lawyers to handle your matter for a Fixed Fee Quote

• Making an honest and reasonable mistake is a complete defence to many fraud and deception offences.
• If an accused person honestly believed on reasonable grounds that they were entitled to the property or the financial advantage then there is no deception. If there is no deception the offence is not made out.
• There is a difference between an honest and reasonable mistake and recklessness. If the accused person knew that what they were saying was probably false or did not care or bother to check whether it was false or not then they will be guilty of a fraud offence.