Prosecution referral or non-referral 110-11020020

A critical decision record (CDR) must first be completed to support the referral or non-referral decision, and this must be submitted for approval by the Regional Investigations Operations Meeting (RIOM).

Once a brief of evidence has been referred to the CDPP, they will advise of their decision to accept or reject the referral.

In some cases, the CDPP may request that staff obtain further information or evidence for criminal proceedings after a brief has been referred. In these instances, staff must not use their coercive information gathering powers.

For cases not referred for prosecution, consider whether a warning letter should be sent to the customer. A letter should be sent if the customer has been investigated for fraud and there is insufficient evidence to justify a referral to the CDPP, but sufficient evidence of dishonest behaviour. This promotes debt prevention and deterrence.

At each stage of the process, the investigation record must be updated to reflect the current status of the referral or non-referral. Copies of any letters issued to the customer are to be attached to the investigation record.