Being charged with fraud in New South Wales is a serious matter. A conviction can mean prison time, a permanent criminal record, and lasting damage to your career and reputation. Under criminal law, NSW fraud offences are treated as serious dishonesty offences that can carry significant legal consequences and substantial penalties.
If you’ve been charged or are under investigation for fraud, understanding exactly what the law requires the prosecution to prove, what penalties apply, and what defences are available gives you the best foundation for responding effectively.
What Is Fraud Under NSW Law?
The main fraud offence in NSW is found in Section 192E of the Crimes Act 1900 (NSW). A person commits fraud if they, by deception, dishonestly:
- Obtain property belonging to another person, or
- Obtain any financial advantage, or
- Cause any financial disadvantage to another person
All three elements, deception, dishonesty, and the obtaining or causing of a financial outcome, must be proven by the prosecution beyond reasonable doubt. “Deception” and “dishonesty” are treated as separate elements; proving one does not automatically prove the other.
Dishonesty means the conduct would be considered dishonest by the standards of ordinary people, and the accused knew that ordinary people would see it that way.
Deception means intentionally misleading someone through words, conduct, or omission, whether about a fact or about the law. There must be a causal link between the deception and the financial outcome: the deception must have substantially contributed to the result.
In many complex fraud matters, the prosecution must carefully analyse accounting records, communications, and financial transactions to prove that false or misleading information directly resulted in financial gain.
General fraud offences in NSW are contained in Part 4AA, whilst identity crime is in Part 4AB, and forgery in Part 5 of the Crimes Act 1900.
Types of Fraud Offences
Dishonestly Obtaining a Financial Advantage (Section 192E)
This is the main fraud charge and covers a wide range of conduct, including:
- Submitting false invoices or expense claims
- Lying to obtain a loan, insurance payout, or government benefit
- Using false information to claim things you’re not entitled to
- Manipulating financial records for personal gain
- Creating fake documents such as contracts or forged signatures
These serious fraud offences can range from small-scale benefit claims to complex fraud involving corporate fraud, tax fraud, or large-scale breach of trust within organisations.
It’s worth noting that you don’t need to have personally received the financial benefit to be charged. If you assisted or enabled someone else to obtain the benefit through dishonest means, you can still face fraud charges.
Destroying or Concealing Records (Section 192F)
Under Section 192F, it is an offence to destroy, conceal, or falsify accounting or other records with the intention of obtaining a financial advantage or causing a financial disadvantage. Unlike s.192E, the prosecution does not need to prove the financial outcome actually occurred, only the intent. Maximum penalty: 5 years imprisonment.
Making False or Misleading Statements (Section 192G)
Section 192G targets those who knowingly make or publish a false or misleading statement to deceive others. The statement must be false or misleading in a material particular, made dishonestly and with intent to obtain property, gain a financial advantage, or cause a financial disadvantage. Again, it is the intention that matters, not necessarily the result. Maximum penalty: 5 years imprisonment.
Dishonestly Obtaining or Dealing with Property (Section 192H)
Section 192H covers dishonestly obtaining, retaining, or dealing with property knowing it was obtained by deception. Maximum penalty: 7 years imprisonment.
Identity Crime Offences (Sections 192J–192L)
Identity crime is covered under Part 4AB of the Crimes Act (ss 192J–192L). These offences apply where a person, with the intention of committing or facilitating an indictable offence, deals with, possesses, or has equipment to produce identification information. Examples include using someone else’s name, date of birth, credit card details, or biometric data to commit fraud.
Forgery Offences (Sections 253–256)
Part 5 of the Crimes Act (ss 253–256) covers making or using false documents intending they be accepted as genuine, often to obtain a benefit or influence a public duty, even if no money is actually obtained. Relevant documents might include bank statements, passports, or contracts.
Common Real-World Examples
To give a practical sense of what fraud charges look like in practice:
- Credit card fraud: making unauthorised charges on another person’s card or using stolen card details
- Centrelink fraud: overstating income or circumstances to claim benefits you’re not entitled to
- Online fraud: misrepresenting goods in online sales, running fake investment schemes, or phishing to steal financial credentials
- Workplace fraud: skimming money from an employer or redirecting transactions to your own account
- Mortgage fraud: providing false income or asset information on a loan application
- Insurance fraud: making exaggerated or fabricated insurance claims
Fraud Offences Under Crimes Act 1900 (NSW) – Maximum Penalties
| Offence | Legislation | Maximum Penalty |
| Fraud | s 192E Crimes Act 1900 | 10 years imprisonment |
| Dealing with identification information | s 192J Crimes Act 1900 | 10 years imprisonment |
| Fraud (Local Court) | s 192E (Local Court jurisdiction) | 2 years imprisonment |
| False representation | s 192F Crimes Act 1900 | 5 years imprisonment |
Elements the Prosecution Must Prove
In fraud cases, the prosecution must prove each element of the offence beyond reasonable doubt. These essential elements are:
Deception: The accused engaged in a deceptive act, statement, or omission. Deception includes any misrepresentation, false statement, or concealment designed to mislead another person.
Dishonesty: The accused acted dishonestly, meaning they knew or were reckless about whether their conduct was dishonest according to community standards. Dishonesty requires a subjective element, what the accused actually believed, and an objective element, what a reasonable person would consider dishonest.
Causation: The deception caused the victim to act in a particular way, such as transferring money or providing property. There must be a direct link between the deceptive conduct and the victim’s action.
Financial advantage or disadvantage: The accused obtained or caused a financial advantage or disadvantage. This includes obtaining property belonging to another person or obtaining any financial benefit.
The Investigation Process and Your Rights
Fraud investigations typically involve cooperation between police and specialist fraud investigators. Understanding your rights during the investigation stage is crucial to protecting yourself from self-incrimination.
Investigation Stages:
- Initial Report: The investigation commences when a complaint is lodged with NSW Police, typically by the alleged victim or an organisation that has suffered loss.
- Preliminary Investigation: Police gather evidence, including documents, financial records, witness statements, and communications. This may take several weeks to months.
- Interviewing Suspects: If police believe they have sufficient evidence, they may approach the suspect for a formal interview.
- File Preparation: Once the investigation concludes, the matter may be referred to the Office of the Director of Public Prosecutions (ODPP) or Local Court for charging decisions.
Your Rights During Investigation:
- Right to legal representation: You have the right to contact and have a lawyer present during any police interview. Police must provide a reasonable opportunity to contact your solicitor.
- Right to silence: You are not obliged to answer questions. Except for providing your name, date of birth, and address, you may remain silent.
- Right to caution: Before questioning, police must caution you that you are not obliged to say or do anything unless you wish to do so, but anything you say or do may be used in evidence.
- Right to interview record: Interviews must be electronically recorded (ERISP) or notes taken. You have the right to a copy of the recording or notes.
Defences to Fraud Charges
Although fraud is a serious offence, several defences may be available depending on the circumstances of your case. For example:
- Honest mistake: If you genuinely believed you were entitled to the property or financial advantage, or honestly made a mistake without dishonest intention, the dishonesty element may not be proved.
- Claim of right: If you believed you had a legal right to the money or property, even if mistaken, this may negate the dishonesty element required for conviction.
- No deception: If the prosecution cannot prove that a deception occurred, or that the deception caused the victim to act, the fraud charge may fail.
- Lack of dishonesty: If your conduct falls outside what a reasonable person would consider dishonest, or you did not act dishonestly according to community standards, acquittal is possible.
The Court Process and Sentencing Considerations
Fraud cases are generally dealt with in the District Court when charges are serious. The court process involves several stages, and sentencing varies significantly based on the offence’s seriousness and personal circumstances.
Court Proceedings:
- Initial appearance: You will appear in court where charges are read and bail/release conditions determined.
- Committal proceedings: If the case remains in Local Court jurisdiction, a committal hearing determines if sufficient evidence exists to proceed to trial.
- Plea negotiations: Your solicitor may negotiate with the prosecution to resolve charges through a guilty plea to lesser offences.
- Trial: If pleading not guilty, a trial before a judge or jury determines guilt beyond reasonable doubt.
Sentencing for Fraud Offences:
To give you a realistic picture of outcomes: the District Court’s own data from 80 fraud cases where s.192E was the principal offence shows that just over two thirds of offenders received full-time custodial sentences, around one in five received an Intensive Correction Order served in the community, and roughly one in seven walked away with a non-custodial order. That spread tells you something important, the outcome is far from predetermined, and the facts of your specific case matter enormously.
In general, sentencing depends on factors including:
- Amount of money involved: Larger amounts typically result in harsher sentences.
- Duration of fraudulent conduct: Prolonged schemes attract greater penalties than isolated incidents.
- Sophistication: Complex schemes involving planning and deception elements attract higher sentences.
- Personal circumstances: Your age, health, criminal history, and guilty plea are considered.
Frequently Asked Questions (FAQs)
What should I do if police want to interview me about fraud charges?
If police request an interview, contact a criminal lawyer immediately before responding. You have the right to legal representation during the interview. Your lawyer can advise whether it’s in your interest to participate and prepare you for questioning. Never attend a police interview without legal advice, as anything you say can be used as evidence. If you cannot afford a lawyer, contact Legal Aid NSW for assistance.
Can you receive a Section 10 order for fraud offences?
A Section 10 order (discharge without conviction) is possible for fraud offences in limited circumstances. Courts consider factors including character, criminal history, age, health, and the offence’s seriousness. Section 10 orders are less likely where the fraud offence is serious or where the offender has previously received such an order. Serious fraud cases typically result in conviction, but a lawyer can argue for Section 10 consideration based on exceptional circumstances and mitigating factors.
What is the difference between fraud and theft?
Fraud and theft are distinct offences. Theft involves taking someone’s property without permission with the intention to permanently deprive them of it. Fraud, however, requires deception—the victim must be misled into voluntarily giving up property or money. Fraud always involves dishonest deception; theft does not. For example, if you trick someone into giving you money by lying about its use, that is fraud. If you steal money directly without permission or deception, that is theft. Fraud charges typically attract penalties similar to or greater than theft, depending on circumstances.
How long does a fraud investigation typically take?
Fraud investigation timelines vary considerably depending on complexity, evidence volume, and number of alleged victims. Simple fraud cases may conclude within 3 to 6 months, while complex investigations involving multiple victims or large financial amounts can take 12 to 24 months or longer. During investigation, you may remain under suspicion without being formally charged.
Once charged, your lawyer can request information about the investigation to prepare a defence. Contact O’Brien Criminal & Civil Solicitors immediately if you’re under investigation to protect your rights and obtain advice regarding the investigation’s likely duration and next steps.
What happens if I’m convicted of fraud? Will I go to prison?
Conviction for fraud does not automatically result in imprisonment. Sentencing depends on the offence’s circumstances, the amount involved, your personal circumstances, and whether you receive a guilty plea discount. However, fraud is a serious offence and imprisonment is a common outcome, particularly for larger amounts or prolonged schemes.
Alternative sentences include intensive correction orders, conditional release orders, or fines. A skilled defence lawyer can present persuasive mitigating arguments to reduce sentencing severity, such as demonstrating remorse, restitution efforts, or hardship factors. Early legal intervention significantly improves sentencing outcomes.
How O’Brien Criminal & Civil Solicitors Can Help
If you are facing fraud charges or are under investigation in NSW, early legal intervention is critical to protecting your rights and building a strong defence. Our experienced criminal lawyers specialise in fraud matters and can:
- Advise you on your rights during police investigations and interviews
- Review evidence and identify weaknesses in the prosecution case
- Develop a comprehensive defence strategy tailored to your circumstances
- Negotiate with prosecutors for charge reduction or dismissal where appropriate
- Represent you at all court proceedings and trial
Contact Us Today for Expert Fraud Defence
Do not face fraud charges alone. Contact O’Brien Criminal & Civil Solicitors today to discuss your case with an experienced criminal defence lawyer. Call us on 02 9261 4281 to arrange a confidential consultation or complete the form below to request a call-back.
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Disclaimer
This fact sheet provides general information about fraud charges under NSW law and is not legal advice. Each case is unique and requires individualised legal assessment. The information provided is current as at the date of publication but may change. For advice on your specific situation, consult a qualified criminal lawyer. O’Brien Criminal & Civil Solicitors disclaims liability for any reliance on this information without professional legal advice.
