5.10.1.1If deceit or attempted deceit has occurred, there is no question that further action is warranted. However, if benefits or money to which the person had no lawful entitlement were received, but there is no evidence of a deliberate attempt to mislead, then a decision to take no further action beyond overpayment recovery may be warranted. There may also be situations where a decision is made not to recover the overpayment. For example, extreme or unusual circumstances may exist, or the overpayment may be uneconomical to recover. Be aware that where any doubt exists, further investigation should be undertaken to determine whether prosecution is warranted.

5.10.1.2This section provides guidelines on determining which cases should be investigated for possible prosecution action. These guidelines should be used to assist in making decisions and ensuring greater consistency in the number and type of cases being referred to the Commonwealth Director of Public Prosecutions (DPP) for possible prosecution. They should be used in conjunction with the Prosecution Policy of the Commonwealth. The Prosecution Policy of the Commonwealth may be obtained from the DPP website.