Australian Government: Attorney-General's Department
Australian Government: Attorney-General's DepartmentAchieving a Just and Secure Society

Final Report - Identity Crime - March 2008

The Model Criminal Law Officers’ Committee Final Report on Identity Crime – March 2008

The Standing Committee of Attorney’s-General released the MCLOC Final Report on Identity Crime at its meeting on 27‑28 March 2008.

The issue of identity crime has received considerable media and public attention in recent years. It is of major concern to government agencies, law enforcement bodies, private organisations, the financial sector and individuals. It is also an issue of international significance. Identity crime can be a central element in transnational crime.

On 20 April 2007, MCLOC released a discussion paper on identity crime for public consultation. Twenty-six submissions were made in response to the Discussion Paper. Submissions were received from a variety of organisations, including State Police forces, government agencies and community associations. Submissions were generally supportive of establishing model identity crime offences, but suggested amendments. The Committee adopted some of these suggestions in the model offences.

MCLOC’s Final Report on Identity Crime discusses the nature, extent and cost of identity crime, overseas responses to identity crime, and the current legislative framework in Australia. MCLOC proposes its preferred model identity crime offences and analyses the suggestions made in the submissions.

MCLOC recommends the following model offences:

  • making, supplying or using identification information with the intention of committing an indictable offence, punishable by up to 5 years imprisonment
  • possessing identification information with the intention of committing an indictable offence, punishable by up to 3 years imprisonment, and
  • possessing equipment capable of being used to make identification information with the intention of using, or allowing another person to use, that equipment for the purpose of committing an identity crime offence, punishable by up to 3 years imprisonment.

The Report also recommends that courts be empowered to issue certificates to victims of identity crime. The certificate will state that a person has been the victim of identity crime. The person may use the certificate to assist them with any problems the identity crime has caused them, e.g. to assist them in re-establishing their credit histories.

Queensland and South Australia already have similar provisions.