Forgery & Use of False Documents – Laws, Penalties & Defences in Australia

Forgery and use of false documents are serious criminal offences in Australia, involving the creation, alteration, or use of documents with intent to deceive or gain a benefit. These offences are common in cases involving fake IDs, forged contracts, false medical certificates, or fraudulent financial records.

Forged documents are often used in identity theft, welfare fraud, immigration applications, or banking and insurance scams. Even possessing a forged document—without using it—can be enough to face criminal charges.

This page explains the offence of forgery under Australian law, how charges are laid, how the court process works, the available defences, and the legislation and penalties in each Australian state and territory.

What Is Forgery or Use of a False Document?

Forgery occurs when a person:

• Makes, alters, or copies a document

• With intent to deceive or defraud

• To gain a benefit, cause a loss, or induce action by another party

Use of a false document occurs when:

• A forged or false document is presented as genuine

• With knowledge of its falsity

• To obtain something or mislead someone (e.g. a government agency or employer)

Common examples include:

• Creating a fake driver’s licence or passport

• Altering medical or financial certificates

• Forging a will, signature, or cheque

• Submitting false employment or visa documents

• Using a fraudulent Centrelink or tax return form

How Are Forgery Charges Laid?

Charges are laid after investigations by:

• Police, cybercrime, or fraud units

• Services Australia (Centrelink), ATO, NDIS, or immigration authorities

• Banks or insurance companies detecting irregularities

• Whistleblowers, internal audits, or digital forensic analysis

Evidence often includes:

• The forged document itself

• Device or printer logs

• Surveillance or digital footprints

• Statements from alleged victims

Court Process for Forgery & False Document Offences

Forgery-related charges are prosecuted in:

• Magistrates’/Local Court for minor or first-time offences

• District/County or Supreme Court for complex or high-value frauds

Court process includes:

1. Initial appearance – Enter plea

2. Disclosure of prosecution evidence

3. Hearing or trial – Assess guilt and intent

4. Sentencing – Based on intent, harm caused, and planning

Penalties vary depending on the type of document, level of planning, and whether the forgery was successful in causing loss or gain.

Available Legal Defences

Common defences include:

• Lack of intent to deceive – You didn’t know the document was false

• Genuine mistake – You believed the document was legitimate

• Duress – You were pressured or forced to create or use the document

• No use – You didn’t actually present or rely on the false document

• Mental impairment – Affected your understanding of your conduct