The NSW Sentencing Council is calling for submissions on whether current sentencing practices for fraud meet the needs of victims and address the motivations of offenders.
Welcoming the Council’s Fraud consultation paper, Attorney General Mark Speakman said the independent expert body was now seeking input on 26 questions, across 14 key areas for reform, that asked whether there was a case for changes to existing laws, what possible reforms might look like, and why.
“This type of crime can have a devastating impact on those who fall prey to fraudsters, whether they be businesses or individuals,” Mr Speakman said.
“Fraud can cause great emotional distress, hardship and a loss of confidence, especially for the elderly and more vulnerable in our society,” he said.
“The Sentencing Council’s Consultation Paper outlines the key fraud and fraud-related offences and sentences that currently exist in NSW and asks whether these adequately address the needs of victims and the motivations of offenders.”
Mr Speakman said it was estimated that millions of Australians were exposed to fraud each year, including scams, phishing and romance fraud, as well as white collar and large scale, organised operations.
He said victims could feel ashamed or embarrassed as well as guilty or personally responsible because fraud often involved a victim sending money or personal information to an offender.
“In the case of romance fraud, the effect of betrayal combined with the embarrassment and shame that follows, can be enormously damaging, both psychologically and financially,” the Attorney General said.
“Technology, the internet and booming online commerce have significantly changed how fraudsters prey on unsuspecting members of our community,” he said.
“It is essential that our laws are fit for purpose and strike the right balance between protecting the community, reducing crime, and punishing and rehabilitating offenders.”
Mr Speakman said the most frequently charged fraud and fraud-related offences in NSW were dishonestly obtaining property by deception, and dishonestly obtaining a financial advantage or causing a financial disadvantage by deception, each with a maximum penalty of 10 years’ imprisonment.
He encouraged interested community members, legal and justice stakeholders and academics to make a submission on the Consultation Paper before 4 November.
The Council’s 138-page Consultation Paper can be accessed at this PS News link.
