The legal framework
Identity crime offences exist at Commonwealth and state level. What is distinctive is the support infrastructure: IDCARE is a national not-for-profit providing free, individualised response plans, and victims of Commonwealth identity crime can apply to a magistrate for a Victims' Certificate — an official document that helps in reestablishing credit and clearing records. Credit bans can be placed with the three credit bureaus.
Key points
| Offences | Commonwealth Criminal Code identity crime offences, plus state offences |
|---|---|
| IDCARE | Free national identity and cyber support service |
| Victims' Certificate | Applied for from a magistrate; officially recognises you as a victim |
| Credit bans | 21 days initially with Equifax, Experian and illion, extendable |
| Reporting | ReportCyber, the national online police reporting portal |
| Documents | State registries can flag or reissue compromised documents |
| Free credit reports | Available from all three bureaus, with more frequent access after fraud |
| Document flags | State registries can flag a compromised licence or certificate |
| myGov | Check for unauthorised linked services |
In practice
- Contact IDCARE first: the response plan tells you exactly which organisations to contact and in what order.
- Place a credit ban with all three bureaus; it is free.
- Report through ReportCyber and keep the reference.
- Ask your state registry about flagging a compromised licence or birth certificate.
- Check myGov for services linked without your knowledge, and change the sign-in method.
Where to go
- IDCARE, free national service.
- ReportCyber, cyber.gov.au.
- Scamwatch, run by the ACCC.
Worth knowing
Credit bans last 21 days by default. Diarise the expiry and extend it, otherwise the protection quietly lapses. The Commonwealth Victims' Certificate is a court document confirming you were a victim. It carries far more weight with creditors than a police report.
Official sources and links
- Federal Register of Legislation — Commonwealth law as made and in force
- Services Australia — government services and payments