Fraud Lawyers Canberra ACT

General information only — not legal advice. Penalties and section numbers change; speak with us about your specific circumstances. Call (02) 6210 1075.

Why Choose Andrew Byrnes Law Group for a Fraud Charge

Fraud matters can involve months of investigation, complex documentary evidence, and parallel administrative consequences for employment and security clearances. Andrew Byrnes Law Group provides:

• Advice from the investigation stage, including responses to AFP, ACT Policing, ATO, and Services Australia investigators
• Defence preparation for both ACT and Commonwealth fraud matters
• Coordination with employment lawyers on APS Code of Conduct or professional registration consequences
• Engagement with AGSVA where a security clearance review is triggered
• Restitution negotiation and structured repayment arrangements where these support sentencing
• Sentencing advocacy emphasising character, rehabilitation, and the impact on continued employment

Serving Canberra and Surrounding Regions

Andrew Byrnes Law Group represents clients facing fraud, dishonesty, and Commonwealth offences across Canberra, the ACT, and surrounding NSW regions. Contact (02) 6210 1075 for confidential advice.

Important — not legal advice

This page provides general information about ACT criminal law. It is not legal advice and must not be relied on as such. Laws, penalties, and section numbers change, and how the law applies depends on your specific circumstances. For advice tailored to your situation, contact Andrew Byrnes Law Group on (02) 6210 1075 or via our contact page.

Frequently Asked Questions

What are the maximum penalties for fraud under ACT and Commonwealth law?

Fraud offences under the Criminal Code 2002 (ACT) can carry potentially up to 10 years' imprisonment for general dishonesty offences. Commonwealth fraud — including Centrelink, Medicare, NDIS, and tax fraud — is prosecuted under the Criminal Code Act 1995 (Cth) and also carries potentially up to 10 years' imprisonment for general fraud, with higher penalties available for more serious or aggravated conduct. Actual sentences depend on the amount involved, the duration and sophistication of the offending, your role, and any mitigating factors such as voluntary repayment or an early guilty plea.

I have been contacted by the AFP, ATO, or Services Australia about a fraud investigation — what should I do?

Do not respond to the contact, provide any documents, or attend any interview without first speaking to a lawyer. Even a 'voluntary' interview carries risk — any statements you make can be used in a subsequent prosecution, and an innocent explanation given without legal advice can sometimes be used to test credibility at trial. You have the right to silence and are not required to answer investigators' questions. This applies even if you believe you have done nothing wrong. Contact Andrew Byrnes Law Group for a free initial consultation before taking any step.

What is the difference between an ACT fraud charge and a Commonwealth fraud charge?

The distinction depends on which legislative framework applies and which agency is investigating. Fraud against individuals or ACT government agencies is prosecuted under the Criminal Code 2002 (ACT) in the ACT courts. Fraud involving Commonwealth money or agencies — including Centrelink, the ATO, Medicare, the NDIS, and defence procurement — is prosecuted under the Criminal Code Act 1995 (Cth), typically by the Australian Federal Police (AFP) or the Commonwealth Director of Public Prosecutions (CDPP). Andrew Byrnes Law Group has experience defending matters under both frameworks.

Can voluntary repayments made before sentencing reduce the penalty for a fraud charge?

Voluntary repayment or restitution prior to sentencing is generally treated as a significant mitigating factor by both ACT and Commonwealth courts. It demonstrates genuine remorse and reduces the harm caused by the offending. In some circumstances, a structured restitution arrangement can also influence the prosecution's approach to charges or provide the foundation for a sentencing submission that avoids a custodial outcome. A lawyer can advise on how to approach restitution as part of an overall legal strategy.

Can a fraud charge affect my Australian Public Service employment or security clearance?

Yes. A fraud conviction — particularly one involving dishonesty or a breach of trust — is likely to have serious consequences for current or future APS employment and for holding or renewing a security clearance assessed by AGSVA. Clearance assessments consider criminal history, financial conduct, and overall character and integrity. Even charges that do not proceed to conviction can be relevant to clearance decisions. Andrew Byrnes Law Group understands the APS and clearance implications of criminal proceedings and coordinates with employment specialists where necessary.