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B39/1993 CLAIMS MANAGEMENT SYSTEM (CMS) PROSECUTIONS NETWORK
DATE OF ISSUE: 23 July 1993
CLAIMS MANAGEMENT SYSTEM (CMS) PROSECUTIONS NETWORK
The purpose of this instruction is to advise staff of the implementation of a new CMS network for recording prosecution cases.
2.The biennial review of the Fraud Control Plan was finalised in December 1992. The new plan, which was formally adopted by the Executive of the Department in December 1992, includes detailed recommendations for actions at sub-program level to improve fraud control. One of these recommendations is that system changes will be implemented to produce management information in relation to prosecution cases.
Aims and Objectives
3.The CMS Prosecutions Network (Classification Type Number 015 - Prosecutions) will enable recording of all stages of prosecution activity - from identification of a possible offence through to the outcome of legal proceedings. The resulting statistical information will enable the re-examination of resource allocation during the current financial year, and provide accurate information on which to base estimates for the next financial year. This information will also form the basis for reporting fraud control activity in the Benefits program for the Annual Report.
4.Stage 1 - Registration (Stage Number 370)
The case is to be registered as prosecution case when initial investigation reveals an offence and a summary is to be prepared for the DPP. From this stage the case may be:
a)withdrawn (stage number 890) from registration stage; or
b)progressed to Stage 2.
5.Stage 2 - Cases Discussed with DPP (Stage Number 540)
The case is to be progressed to stage 2 when the initial summary has been prepared for the DPP and the case is ready for discussion. From this stage the case may be:
a)finalised - no prosecution action (stage number 545); or
b)progressed to Stage 3.
6.Stage 3 - Investigation (Stage Number 050)
The case is to be progressed to stage 3 when discussion with the DPP results in a decision by the DPP that the case should be investigated with a view to prosecution. From this stage the case should be progressed to Stage 4.
7.Stage 4 - Formal Referral to DPP (Stage Number 550)
The case is to be progressed to stage 4 when investigation is completed and the case is ready to be formally referred to the DPP for prosecution action to be initiated. From this stage the case may be:
a)finalised - no prosecution action (stage number 545); or
b)progressed to Stage 5.
8.Stage 5 - Charges Laid (Stage Number 555)
The case is to be progressed to stage 5 when the formal charging process has been finalised. From this stage the case may be:
a)finalised (stage number 199) (where for some reason the case does not proceed to trial); or
b)progressed to Stage 6.
9.Stage 6 - Case to Trial (Stage Number 560)
The case is to be progressed to stage 6 when a trial date has been set. At the completion of the legal process the case is to be finalised (stage number 199).
10.It is important to note that a prosecution case cannot be withdrawn from CMS with the exception of a case in registration stage (to be used only when the case is registered in error), nor can the case be returned to a previous stage. Care should be exercised when progressing a case through the CMS stages to ensure that the case is only progressed when all action relating to the current stage is completed.
11.There are 31 attributes available for prosecution cases. A full list of all attribute names and numbers is at Attachment A. A list of all stage numbers available for prosecution cases is also included for information at Attachment B.
12.The attributes fit into broad categories which will assist in identifying the following characteristics of each case:
a)Method Of Detection eg data matching, dob in;
b)Type Of Pension Involved eg service pension, DSS pension etc;
c)Pensioner Involved eg veteran only, spouse only, joint;
d)Cause Of Overpayment eg dual pension, false statement etc;
e)Amount Of Overpayment - range value only - NB mandatory attribute;
f)Method Of Recovery eg DVA lump sum, garnishee, DSS limitation, proceeds of crime, arrears etc;
g)Type Of Charges Laid eg VEA, SS Act, Crimes Act; and
h)Outcome Of Trial eg guilty, not guilty, sentencing - custodial, bond etc.
13.Only attribute numbers 926, 927 and 928 (overpaid amounts) are mandatory, however, if meaningful management information is to be obtained from the CMS reports, accurate attribution of all prosecution cases is essential.
14.Prior to finalisation of any prosecution case, staff must ensure that all the attributes applicable to the particular case have been set.
15.The contact officer regarding enquiries on this matter is Jeanette Ricketts - telephone 06-2896416. Please contact Murray Chynoweth on telephone 06-2896799 for any systems related inquiries.
NATIONAL PROGRAM DIRECTOR
ATTRIBUTES AVAILABLE FOR CLASSIFICATION NUMBER 015 (PROSECUTIONS)
ATTRIBUTE NAMEATTRIBUTE NUMBER
ARREARS — 932
BOND — 235
CRIMES ACT — 910
CUSTODIAL SENTENCE — 230
DATA MATCHING — 855
DISABILITY PENSION — 875
DOB IN — 860
DSS PENSION — 880
DSS RECOVERY — 925
DUAL PENSION — 885
DVA RECOVERY — 915
FAILURE TO NOTIFY — 895
FALSE STATEMENT — 890
FINE IMPOSED INCL AMOUNT — 225
GARNISHEE LIMITATION — 240
GARNISHEE LUMP SUM — 241
GUILTY — 215
JOINT — 223
LUMP SUM — 931
NOT GUILITY — 220
O'PAID < $20,000 — 926
O'PAID $20,000 - $50,000 — 927
O'PAID > $50,000 — 928
PROCEEDS OF CRIME 920
REFERRAL TO AUST GOVERNMENT SOLICITOR — 245
REVIEW — 865
SERVICE PENSION — 870
SPOUSE — 222
SOCIAL SECURITY ACT — 905
VEA — 900
VETERAN — 221
NOTE:All attributes available all States.
STAGES AVAILABLE FOR CLASSIFICATION NUMBER 015 (PROSECUTIONS)
STAGE NAMESTAGE NUMBER
CASE DISCUSSED WITH DPP — 540
CASE FINALISATION — 199
CASE TO TRIAL — 560
CASE WITHDRAWN — 899
CHARGES LAID — 555
FINALISED - NO PROSECUTION — 545
FORMAL REFERRAL TO DPP — 550
INVESTIGATION — 050
REGISTRATION — 370