NDIS FRAUD IN AUSTRALIA: THE LAW
The criminal offence of fraud is a serious criminal matter that is governed by state and federal laws. Criminal Lawyers Group have been nationally recognised as the number one criminal law firm in NSW for securing the best outcomes for clients who have been charged with the criminal offence of fraud.
This article will explore the law and penalties for NDIS fraud, which is governed by commonwealth legislation.
If you or anyone you know have been accused or charged with NDIS fraud, contact our award-winning team of expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation.
WHAT IS THE NDIS?
The National Disability Insurance Scheme (NDIS) is a government program administered by the National Disability Insurance Agency (NDIA) that provides funding and support to eligible Australians with a disability.
The NDIS scheme has come to greater recent attention with podcasters exposing what they allege to be NDIS fraud committed by people purporting to deliver support and services funded by the NDIS scheme.
WHAT IS THE CRIMINAL OFFENCE OF NDIS FRAUD?
Section 134.2 of the Criminal Code Act 1995 (Cth) constitutes it a criminal offence for a person, by a deception, to dishonestly obtain a financial advantage from another person, where that other person is a commonwealth entity.
The NDIA, which administers the NDIS, is a commonwealth entity. As such, the provision captures the illegal activity commonly referred to as NDIS fraud.
CONSPIRING TO COMMIT NDIS FRAUD
Section 135.4 of the Criminal Code Act 1995 (Cth) constitutes it a criminal offence for a person to conspire with another person with the intention of dishonestly obtaining a gain from a commonwealth entity.
WHAT IS THE PENALTY FOR THE CRIMINAL OFFENCE OF NDIS FRAUD?
Section 134.2 of the Criminal Code Act 1995 (Cth) prescribes a maximum penalty of 10 years imprisonment for a person convicted of the criminal offence of NDIS fraud. Section 135.4 of the Criminal Code Act 1995 (Cth) provides the same maximum penalty of 10 years imprisonment for conspiring to commit NDIS fraud.
Other penalties available for a conviction of the criminal offence of NDIS fraud include a Good Behaviour Bond, Discharge Without Conviction and a Recognizance Release Order.
WHAT FACTORS MAY AFFECT PUNISHMENT FOR NDIS FRAUD?
The factors that may affect punishment include, but are not limited to:
- Nature and sophistication of the deception
- Prior criminal history, particular fraud-related offences
- Remorse
- Character references
- Guilty plea
WHAT ARE EXAMPLES OF THE CRIMINAL OFFENCE OF NDIS FRAUD?
Some examples of NDIS fraud include, but are not limited to:
- Overcharging for NDIS services provided
- Charging for NDIS services not provided
- Bribing participants in exchange for them allowing the provider to claim from their NDIS package
- Misusing NDIS participants’ funds
CAN I GET BAIL FOR A CHARGE OF NDIS FRAUD?
Yes, you may be granted bail on a charge of NDIS fraud. Our expert criminal lawyers at Criminal Lawyers Group were declared the best law firm in NSW for securing bail for our clients who have been charged with serious criminal offences, including NDIS fraud.
WOMAN CHARGED WITH ALLEGED NDIS FRAUD
A woman has been charged with NDIS fraud after allegedly plotting to defraud the commonwealth more than $5 million through the NDIS scheme.
Authorities allege the woman, as an NDIA employee, accessed participant records without authorisation and submitted fraudulent claims against the plans of family members who are NDIS participants, in circumstances where no services or support were provided.
Authorities also allege that the woman failed to disclose conflicts of interest.
AFP Detective Inspector Aidan Milner stated that “Fraud of Commonwealth programs is an area of key focus for the AFP and its partners.”
The woman obtained bail and is due to appear before court on 20 August 2026.
CONTACT CRIMINAL LAWYERS GROUP NOW
If you or anyone you know have been accused or charged with the criminal offence of NDIS fraud, contact our specialised criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.
Our award-winning team of criminal law experts are nationally recognised for securing not guilty verdicts, bail and the withdrawal of charges for our clients across NSW who have been charged with the criminal offence of NDIS fraud.