How to Deal With Identity Theft Fraud

Fraudsters and other criminals will often make copies of personal information such as the number on a drivers’ license or an ABN and use this information to impersonate you when dealing with third parties. However, there are steps you can take to prevent fraudsters from continuing to use your personal information once they have already accessed it. For example, you can ask the Roads and Maritime Service (RMS) to issue you with a new drivers’ license if it has been used fraudulently by another person, and they will cancel your previous license and issue you with a new license and license number. Here are the things you will need to do in order to apply for a new license and license number from RMS:
  1.   A statutory declaration setting out the circumstances of the identity crime and requesting to have a new NSW Drivers Licence number, including the reasons why a new licence number is being requested.
  2.     You need to file a complaint with NSW Police about being the victim of an identity crime and request a copy of the report police will generate to bring with you to RMS
  3.     Bring Full Proof of Identity with you;
  4.     Evidence that the NSW licence number or ABN details were used fraudulently (not just your personal details) – e.g. confirmation from an organisation (such as a financier or phone company) that the licence number was used in a fraudulent application.  This statement must include the actual licence number and not simply state ‘your licence number’.
  5.     A Certificate issued by a Magistrate to the victim of an identity crime, issued under:
  • Section 309A of the Criminal Procedure Act 1986 (NSW); OR
  • Section 375.1 of the Criminal Code 1995 (Cth)
These certificates are known as ‘victim of identity crime’ certificates, and in order to receive one you will need to satisfy the magistrate that you have been the victim of an identity crime on the balance of probabilities. This means they need to believe it is more likely than not that you were the victim of a crime. You can present the certificate to an organisation such as a government agency or a business (such as a financial institution or credit agency). This may help you negotiate with them to re-establish your credentials or to remove a fraudulent transaction from their records. A certificate does not compel any organisation to take a particular action, but it will assist to correct any damage to your reputation and credit rating. Recently, Hunter Shafiz Lawyers acted for a client in an application to be issued a Commonwealth victim of crime certificate in reference to the fraudulent use of their ABN in alleged criminal activities that had not been prosecuted by the police. The Police were not willing to help because often it is too difficult to find out who has committed the identity theft. As a result of our submissions and successful investigation identifying the criminal syndicate that had used our client’s identity details, the Magistrate issued our client with a Commonwealth’s Victims Certificate certifying that our client’s ABN had been fraudulently used and that they were the victim of an identity crime. Often the Police are not willing to prosecute in these matters but we are still able to help. We note that the above information is general only and does not constitute legal advice. If you have been a victim of identity theft and you are looking for legal advice or assistance, please contact our office on (02) 9682 5433 or via email at info@huntershafiz.com.au. Alternatively, for practical advice on how to prevent being a victim of scams or identity theft, you can contact IDCare.
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