Overview

The term ‘fraud’ refers to a broad area of the law covering many different types of behaviour and offences. Fraud generally involves a person being dishonest by deceiving others for their own financial or personal gain. This can occur in many different ways and across many different industries.

Fraud offences are contained in Australian federal laws and in the laws of every state and territory. New types of conduct coming within the law of fraud are regularly discovered particularly as technology provides new opportunities for fraudulent activity.

If you have been arrested for a fraud offence you will often face multiple charges of fraud. That is because each deception or transaction is a separate offence that stands on its own. This is the case even if several fraudulent transactions were committed on the same day.

To be convicted of fraud it must be shown that you intended to commit the fraud. Making a mistake is not fraud. To prove a fraud the prosecution is required to show the act was performed knowing it was deceptive and not just a mistake. If you have been charged with deception offences it is important you do not speak to police before obtaining advice from a lawyer.

Penalties for conviction of fraud offences can be heavy. A person with no prior convictions who is found guilty of fraud can be sentenced to a term of imprisonment if the fraud is serious enough.

The types of conduct that come under the general heading of fraud include:

• obtaining property by deception;
• obtaining a financial advantage by deception;
• using or making false documents;
• social security fraud;
• credit card or cheque fraud;
• identity theft;
• online fraud scams;
• insurance fraud; and
• false accounting.

This Legal Guide on fraud and deception offences provides you with general information about fraudulent or deceptive conduct and associated offences focusing on the law in Victoria. There are slight differences in the criminal law between the states, territories and the Commonwealth. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

Please select from our Articles, FAQ and Questions & Answers sections all written by experienced lawyers. Our Glossary helps explain the meaning of any words you are unsure about. You can also ask a question yourself. It is free and anonymous.

Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.

How a Lawyer Can Help

If you are arrested or charged with a fraud offence you should exercise your right to answer “no comment” to any questions the police put to you until you have had an opportunity to speak to a lawyer. You can use our Find a Lawyer directory to contact a solicitor who specialises in criminal law near you.

A lawyer can consider the charges and assess the evidence the prosecution has against you.

They will advise you whether you should consider pleading guilty early so you can receive a discount on your sentence. Alternatively your lawyer might advise you that you have a defence or that there appears to be insufficient evidence for the prosecution to prove your case beyond reasonable doubt.

There are many elements (parts) to a fraud offence and the prosecution needs to prove each element beyond a reasonable doubt. A lawyer’s expertise will be invaluable in advising you how best to deal with fraud charges. A lawyer can assess whether the evidence against you is sufficient to prove every element of the charge.

A lawyer can also consider past cases that are similar to yours where perhaps a lighter penalty was given or charges were dismissed. Those precedents will be very helpful in negotiations with the prosecutor and in court.