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 Legislation and policy

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Summary

Rules or laws related to a particular activity.

Examples

Some examples of this type of countermeasure include:

  • Programme legislation and policies.
  • Public Governance, Performance and Accountability Act 2013 and Accountable Authority Instructions.
  • Privacy Act 1988, Australian Privacy Principles and operational privacy policies.
  • Protective Security Policy Framework and information security policies.
  • Asset management policies.
  • Travel and HR policies.

Purpose of this countermeasure

Someone can act dishonestly to commit fraud. For example, they can provide can provide false information or misleading statements to support a request or claim, or fail to disclose information that would affect their entitlement.

Acting dishonestly to commit fraud are offences under the Criminal Code Act 1995.

Activities not effectively governed by legislation or policy can lead to:

  • dysfunctional and obscure processes, and
  • poor management of fraud and corruption risks.

Fraudsters can use subterfuge to take advantage of loose rules and requirements to commit fraud and avoid exposure or prosecution.

Dependencies

This type of control is supported by:

How do I know if my countermeasures are effective?

You can apply the following methods to measure the effectiveness of these types of countermeasures:

  • Confirm legislation and policy exists.
  • Confirm legislation and policy is available and easy to access.
  • Confirm legislation and policy is clear and understood.
  • Confirm activities concord with legislation and policy.
  • Review policy and confirm it concords with legislation.

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