Fraud charges in Queensland
Fraud is one of the most broadly defined offences in the Criminal Code. Under section 408C, you can be charged with fraud if you dishonestly:
- apply property belonging to someone else to your own use or the use of another person
- obtain property or a benefit from another person
- induce someone to deliver property, do something, or abstain from doing something
- gain a benefit or advantage, or cause a detriment to another person
- make off without paying for goods or services
(among other things: s 408C lists eight ways the offence can be committed)
Because the offence turns on the single concept of dishonesty, fraud charges cover an enormous range of conduct: from disputes over a few hundred dollars with an employer, misuse of a company card, or false invoicing, right up to complex commercial matters involving trust accounts and large sums.
Two related types of fraud are prosecuted differently. Centrelink fraud is a Commonwealth offence (sections 134.2 and 135.2 of the Criminal Code (Cth), carrying up to 10 years) prosecuted federally by the CDPP. WorkCover fraud is a Queensland offence (section 533 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld), carrying 500 penalty units or 5 years imprisonment) prosecuted by the Workers’ Compensation Regulator. We regularly represent clients in both.
Penalties for fraud
The maximum penalty depends on the circumstances of the offence and the value involved (s 408C, as at 3 July 2026):
| Circumstances | Maximum penalty |
|---|---|
| Fraud (no aggravating circumstances) | 5 years imprisonment |
| Offender is an employee, director or trustee, or the value is $30,000 to under $100,000 | 14 years imprisonment |
| Value is $100,000 or more, or carrying on a business of committing fraud | 20 years imprisonment |
Which court hears the charge matters too. Fraud of less than $30,000, or any fraud where you plead guilty, is generally dealt with in the Magistrates Court, where sentencing is capped well below the maximums above (ss 552BA–552BB). A contested charge of $30,000 or more goes on indictment to the District Court.
Courts treat breaches of trust, particularly by employees and professionals, very seriously, and jail is a real prospect in those cases. But the outcome depends heavily on preparation: the agreed facts, the amount involved, restitution, and the supporting material put before the court all make an enormous difference.
How we defend fraud charges
Fraud prosecutions rise and fall on the evidence of dishonesty. The prosecution must prove beyond reasonable doubt that what you did was dishonest by the standards of ordinary honest people (R v Dillon; Ex parte Attorney-General (Qld) [2015] QCA 155). In many cases there is a legitimate explanation: an honest claim of right, an authorised transaction, a loan or arrangement the complainant now regrets, or simple mistake.
These cases usually involve substantial documentary evidence: bank records, accounting records, emails and messages. Our attention to detail in this material is where cases are won. We identify the weaknesses in the prosecution case early, and where appropriate we negotiate with the prosecution to have charges reduced, particulars amended, or the matter discontinued.
If the evidence against you is strong, we know exactly how to prepare your case for the best possible outcome (including restitution, character references, and expert reports) to keep you out of jail and, wherever possible, avoid a recorded conviction.
What you should do next
Do not speak to police or investigators before getting advice; interviews in fraud matters are almost always used to establish the dishonesty element. Contact us for a free initial phone consultation and we will give you clear, honest advice about your position and your options.
Worried about what happens next?
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