Prosecutions 110-11020000

This document outlines how a decision is made during a fraud investigation whether or not to refer the case to the Commonwealth Director of Public Prosecutions (CDPP) for prosecution consideration. Procedures cover the consideration for referral, preparation of a brief of evidence, and subsequent action following acceptance or rejection of the referral by the CDPP.

Fraud Control Policy

The prosecution of individual cases of fraud against the Australian Government is an integral part of the Commonwealth Fraud Control Policy. The prosecution of serious offences is important in the deterrence of future instances of fraud and to educating the public generally about the seriousness of fraud.

Intelligence and Investigations Branch

The Intelligence and Investigations Branch is responsible for the investigation of possible criminal offences relating to Centrelink, Child Support and Medicare programs.

Under the Prosecution Policy of the Commonwealth, there is a two-stage test that must be satisfied for the CDPP to prosecute a case:

• there must be sufficient evidence to prosecute the case, and
• it must be evident from the facts of the case, and all the surrounding circumstances, that the prosecution would be in the public interest

The Resources page contains links to the CDPP website.

Contents

Liaison with the Commonwealth Director of Public Prosecutions (CDPP)

Prosecution referral or non-referral

Brief of evidence preparation

Prosecution charges, summons, court proceedings and result

Prosecution case reporting