Identity Crime Discussion Paper
25 submissions were received on the Discussion Paper on Identity Crime. Work is underway on a final report.
Identity Crime Discussion Paper – Copies of Submissions Received
In July 2004, the Standing Committee of Attorneys-General agreed that the now Model Criminal Law Officers’Committee (MCLOC) should develop model identity theft offences. This discussion paper examines the conduct that constitutes identity theft in the context of identity crime more broadly, and the impact of identity crime in Australia.
The growth in new technologies and increasing internet usage in Australia and elsewhere has seen a marked increase in the collection and storage of personal information. This has multiplied the risk that this personal information may be misappropriated and used to commit fraud, assist in the commission of terrorism offences and other serious crime.
At present, Australian criminal laws do not fully address the range of conduct that can be attributed to the misappropriation and wrongful use of identity information. While a number of jurisdictions in Australia have offences that can be used to prosecute some conduct associated with identity crime, to date only South Australia and Queensland have enacted offences specifically targeting identity theft.
To address the lack of a specific offence in most jurisdictions, MCLOC has developed model offences. These model offences attempt to proscribe a very broad range of conduct that constitutes identity crime. In addition, MCLOC has suggested that model provisions in this area should include some avenue for victims of identity crime to obtain court certification.
Any questions may be directed to::
The MCLOC Secretariat
Criminal Justice Division
Attorney-General's Department
Robert Garran Offices
National Circuit
BARTON ACT 2600
TEL: (02) 6250 6319
Fax: (02) 6250 5918
