Prosecution referral or non-referral 110-11020020

Complete Critical decision record (CDR) and seek approval from Regional Investigations Operations Meeting (RIOM).

If recommending that a case not be referred to the CDPP:

• a CDR needs to be completed recommending either 'Finalise investigation - seek administrative outcome only' or 'Finalise investigation - allegation unsubstantiated'
• include whether or not a Warning Letter is to be issued 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

In the case management system, create the appropriate task or activity to record the decision to refer or not refer to CDPP.

If the decision approved by the RIOM is:

• referral to CDPP, go to Step 4
• non-referral, go to Step 3

Update the case management system, including reason for non-referral and warning letter details.

Send Warning Letter to the customer if appropriate.

Record details of RIOM decision in the case management system. To send warning letters, select the most relevant letter from the Investigation Toolkit.

Finalise investigation case.

Procedure ends here.

Once approval has been received from RIOM, update outcome in the case management system.

Prepare brief of evidence and submit to Senior Investigator/Approver of Investigations for quality checking and signing before sending to CDPP.

Send appropriate CDPP Referral Letter to the customer. This letter must be selected from the Investigation toolkit.

Update the case management system using appropriate task or activity to refer the brief of evidence.

If the CDPP:

• requests further evidence, go to Step 6
• accepts or rejects the referral, go to Step 7

The CDPP may request staff to obtain further information or evidence for criminal proceedings after a brief has been referred.

Where this occurs, it is inappropriate to use coercive information gathering powers. Investigators should use methods generally open to criminal investigations. This may include:

• requesting information voluntarily
• obtaining new or additional evidential material through requests for new or supplementary Witness Statements
• obtaining evidential material through the use of search warrants

It may be necessary to liaise with the CDPP.

Respond to the CDPP within 14 days in writing to advise the intended action.

In the case management system update the appropriate task or activity to reflect that `further evidence has or has not been provided.

Record details of acceptance or rejection of the referral by the CDPP.

Warning letter: If the CDPP has rejected the referral, they may decide to issue a warning letter to the customer. If the CDPP has not issued a warning letter, consider if it is appropriate to send an Outcome of Referral to CDPP Letter to the customer.

Create or update the appropriate activity in the case management system to reflect the CDPP decision, and whether an Outcome of Referral to CDPP Letter has been sent to the customer.

Was the CDPP decision to accept the referral?

• Yes, see Prosecution charges, summons and court proceedings
• No, finalise investigation