Dishonesty Offences – Laws, Penalties & Defences in Australia

Dishonesty offences are among the most frequently prosecuted crimes across Australia. These offences cover a broad range of conduct involving deceit, fraud, or misappropriation and are often treated seriously due to the breach of trust involved.

From shoplifting, employee theft, and welfare fraud, to forgery, identity crime, and credit card fraud, dishonesty offences can lead to criminal convictions, fines, imprisonment, and lasting employment and travel restrictions.

This guide explains what dishonesty offences are under Australian law, how charges are laid, the court process, available defences, and how each state and territory defines and penalises these offences.

What Are Dishonesty Offences?

Dishonesty offences involve intentionally deceptive conduct to gain something of value or cause loss to another party. Common elements include:

• Dishonest intent

• Lack of consent

• Gain or benefit sought

• Deception or misrepresentation

Common dishonesty offences include:

• Theft or larceny

• Credit card fraud

• Welfare (Centrelink) fraud

• Insurance fraud

• False accounting

• Obtaining financial advantage by deception

• Receiving stolen goods

• Identity theft

• Forgery or use of false documents

The prosecution must prove that the accused acted dishonestly by the standards of ordinary people, and knew their conduct was dishonest.

How Are Dishonesty Charges Laid?

Dishonesty charges are usually laid after:

• Reports from victims, businesses, or government agencies

• Internal audits or forensic investigations

• Search warrants, CCTV, or intercepted communications

• Financial or digital evidence (e.g. emails, transactions, account access)

Charges may be laid by:

• State or territory police

• Specialised fraud or cybercrime units

• Government agencies like Centrelink, ASIC, ATO, or the CDPP

Commonwealth Law (for Centrelink, tax, postal, or cyber dishonesty)

• Legislation: Criminal Code Act 1995 (Cth) – Sections 134.2, 135.1

• Offences include:

  • Obtaining financial advantage by deception

  • Causing loss to a Commonwealth entity

• Penalty:

  • Up to 10 years’ imprisonment

Court Process for Dishonesty Offences

Dishonesty offences are prosecuted in:

• Magistrates’/Local Court for summary and lower-value offences

• District/County or Supreme Court for indictable or large-scale offences

Typical process includes:

1. First appearance – Accused enters plea

2. Brief of evidence – Prosecution discloses its case

3. Trial or sentencing hearing – If pleaded not guilty or guilty

4. Penalty imposed – Based on severity, value, planning, and prior record

Penalties may include:

• Imprisonment

• Fines

• Good behaviour bonds

• Community correction orders

• Restitution (repayment)

Defences to Dishonesty Offences

Available legal defences include:

• No dishonest intent – Genuine mistake or misunderstanding

• Claim of right – You believed you had legal entitlement

• Lack of evidence – The prosecution cannot prove dishonest conduct

• Authorisation – You had permission to act

• Duress – You were forced or coerced to commit the act

• Mental impairment – Affecting your understanding of your conduct