How dishonesty offences are structured
Crimes Act 1900 (NSW): s 192E (fraud), s 117 (larceny), s 156 (larceny by clerk or servant), ss 109–113 (break & enter). Commonwealth: Criminal Code Act 1995 (Cth), s 134.2 and s 135.2 (obtaining property or a financial advantage by deception), plus Corporations Act 2001 (Cth) offences in white-collar matters. Statutory references are indicative and pending Dean's verification.
Almost every charge in this area shares one connective idea: dishonesty, usually through deception — leading someone to believe something untrue in order to obtain money, property or an advantage. In NSW that idea is captured by the modern fraud offence, section 192E, which absorbed a tangle of older offences into one provision. Around it sit the related dishonesty charges — larceny (stealing), larceny by clerk or servant (how most "embezzlement" is actually charged), and break and enter where a property offence is the object.
The single most useful thing to establish early is which legal system you are in. A surprising number of dishonesty matters are not NSW police matters at all — they are Commonwealth prosecutions run by different agencies under different rules. That distinction shapes everything that follows, so it is worth understanding before anything else.
Find your charge
Fraud
The section 192E offence — what the prosecution must prove (deception, dishonesty, obtaining), identity fraud, penalties and defences.
White-Collar Crime
ASIC investigations and section 19 examinations, insider trading and directors' duties — advice before charge, when it counts most.
Tax Fraud & Evasion
The line between an ATO administrative penalty and criminal prosecution under the Commonwealth Criminal Code — and the penalties on each side of it.
Centrelink Fraud
An overpayment is not automatically fraud. Debt recovery versus prosecution, the s 135.2 charge, and what to do when a letter arrives.
Embezzlement & Employee Theft
How these matters are actually charged in NSW — larceny by clerk or servant or fraud — the evidence issues, and the effect of repayment.
Larceny & Stealing
The elements under s 117, value thresholds, first-offence shoplifting outcomes and the defences that matter.
Break & Enter
The ss 109–113 ladder, why an unlocked door can still be a "break", the intent element and aggravated circumstances.
NSW or Commonwealth — why it changes everything
Dishonesty offences fall into two streams that look similar from the outside but are charged, investigated and defended differently.
- NSW offences — fraud (s 192E), larceny, embezzlement, break and enter — are investigated by NSW Police and prosecuted by the NSW Office of the Director of Public Prosecutions, under the Crimes Act 1900 and through the Local and District Courts.
- Commonwealth offences — tax fraud, Centrelink fraud, and much corporate and white-collar work — are investigated by agencies such as the ATO, the AFP and ASIC, and prosecuted by the Commonwealth Director of Public Prosecutions under the Criminal Code Act 1995 and the Corporations Act.
The difference is not academic. Commonwealth matters often involve a long investigation before any charge is laid, compulsory processes such as ASIC's section 19 examinations, and sentencing under Commonwealth principles rather than NSW ones. Knowing which stream you are in determines who you are dealing with, what powers they have, and when advice will do the most good — which is usually earlier than people expect.
Does paying the money back help?
It is the question almost everyone facing a fraud or embezzlement matter asks, and the honest answer is: it can help, but it has to be handled properly. Restitution does not undo the offence or guarantee any particular result. What it can do is operate as a genuine mitigating factor at sentence — particularly where repayment is voluntary and early, rather than extracted after conviction. How and when it is done can matter as much as the fact of it, and in some situations the way a repayment is framed can create its own problems. It is one of the first things to take advice on — not something to arrange on your own.
Why early advice matters most in dishonesty matters
More than in most areas of criminal law, the decisive moments in fraud matters often come before any charge exists. An ASIC examination, an ATO or Centrelink interview, a request to "come in for a chat", a forensic accountant's report being assembled — these are not neutral preliminaries. What is said and produced at that stage shapes whether a charge follows and what it looks like. You are entitled to legal advice before you answer questions, and that is the point at which it changes the most. Every matter turns on its own facts — but in this area, the cost of waiting is usually higher than the cost of asking early.
How Lenz Legal approaches fraud and dishonesty charges
Dishonesty prosecutions are built on documents — bank records, audits, access logs, accounting trails, examination transcripts — and on proving a state of mind, dishonesty, that is rarely as clear-cut as a brief suggests. The method is consistent: identify the correct stream and charge, get the brief early, test how the prosecution proves both the conduct and the dishonesty, deal properly with restitution where it arises, and only then decide between a defended hearing, negotiation to a lesser charge, or a plea prepared to protect your record and your livelihood. Every matter turns on its own facts.
Fraud & dishonesty — your questions answered
Does a fraud charge mean a criminal record?
A conviction for a dishonesty offence is a criminal record, and because these charges go to honesty they can weigh heavily with employers and professional bodies. But a charge is not a conviction. For lower-level matters and first offenders, the court can in some cases proceed without recording a conviction under section 10 of the Crimes (Sentencing Procedure) Act. What is realistic depends on the charge, the amount and how the matter is prepared. Every matter turns on its own facts.
Does paying the money back help?
It can. Restitution does not undo the offence or guarantee an outcome, but early, voluntary repayment before sentence is a recognised mitigating factor and can affect how a matter resolves. It needs to be handled carefully — how and when it is done can matter as much as the fact of it — so it is worth advice before you act, not after.
Who prosecutes fraud — the police or a Commonwealth agency?
It depends on the offence. NSW fraud, larceny, embezzlement and break and enter are NSW Police matters prosecuted by the NSW DPP. Tax fraud, Centrelink fraud and much white-collar work are Commonwealth matters investigated by the ATO, AFP or ASIC and prosecuted by the Commonwealth DPP under the Criminal Code. The streams run under different laws and procedures, so identifying which one you are in is an early priority.
Should I speak to ASIC or Centrelink investigators before getting advice?
Get advice first. ASIC can compel attendance at a section 19 examination, and Centrelink and ATO interviews can shape a later prosecution — these are recorded and used, not informal chats. Because the investigation often runs well before any charge, early advice is when it does the most good. You are entitled to legal advice before you answer questions.