If you intentionally falsify a document and/or use a false document to deceive another then you may be guilty of an offence under the Criminal Law Consolidation Act 1935 (SA) s 140.
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Major indictable offence
District Court of South Australia
Maximum penalty of 10 years imprisonment
Dishonest Dealings with Documents Key Facts
| Offence | Dishonestly destroying, concealing, falsifying, or using documents with intent to deceive or gain a benefit, under Section 140 of the Criminal Law Consolidation Act 1935 (SA). Common examples include doctoring bank statements or mortgage documents, falsifying medical prescriptions, and sometimes statutory declarations (this is also an offence under the Oaths Act 1936 (SA) and is therefore a person can be charged under that act instead). |
| Maximum Penalty | Maximum penalty is up to 10 years imprisonment; more serious or large-scale frauds involving documents can lead to higher penalties when linked to other offences like fraud. |
| Typical Sentence | Sentences vary: can include fines or suspended sentences for minor cases; significant prison terms are common for deliberate and large-scale falsification for gain. |
| Which Court? | Minor cases may be heard in the Magistrates Court; more serious dishonesty offences involving documents usually go to the District Court. |
| Process Timeline | Complaint → Investigation → Charge → Arrest or Summons → Police Interview → Bail Consideration → Magistrates Court → Possible Committal to District Court → Sentencing if guilty. (Average: 6-12 months) |
| Possible Defences | 1. No Dishonesty - Arguing there was no intent to deceive or gain 2. No Alteration - Showing the document was not altered, destroyed, or falsified. 3. Mistaken Belief - Proving an honest and reasonable belief that the conduct was lawful. |
| What The Prosecution Must Prove | You dishonestly engaged in conduct with the intention of: - Deceiving another, or people generally, or to facilitate deception of another, or people generally, by someone else; OR - To exploit the ignorance of another, or the ignorance of - People generally, about the true state of affairs; OR - To manipulate a machine or to facilitate manipulation of a machine by someone else; - By engaging in the conduct you benefited yourself or another, or caused a detriment to another. In relation to this offence, to ‘engage in conduct’ means to: - Create a document that is false; - Falsify a document; - Have possession of a document knowing it to be false; - Produce, publish or use a document knowing it to be false; - Destroy, conceal or suppress a document. In relation to this offence, a document is false if the document gives a misleading impression about: - The nature, validity or effect of the document; - Any fact (such as, for example, the identity, capacity or official position of an apparent signatory to the document) on which its validity or effect may be dependent; - The existence or terms of a transaction to which the document appears to relate. |
Dishonest Dealings with Documents Case Scenarios
Below are examples of how dishonest dealings with documents may be charged and sentenced in South Australia. These examples are not indicative of a specific outcome and are for informational purposes only.
Low-Level Offence
Mid-Level Offence
High-Level Offence
Low-Level Offence
Scenario:
A job applicant edited a utility bill to falsely their residential address in order to meet a local hiring preference. The employer later discovered the discrepancy during onboarding.
What to expect:
Charged with a basic dishonest dealings with documents offence. The offender had no prior history and cooperated with authorities. The court imposed a good behaviour bond without conviction, citing the limited benefit and one-time nature of the offence.
Mid-Level Offence
Scenario:
An individual altered bank statements and payslips to support a home loan application, inflating income and hiding liabilities. The deception was discovered during a secondary verification check by the bank.
What to expect:
The offence was treated as basic, though serious due to the financial implications. The court imposed a 2-year suspended sentence, recorded a criminal conviction, and warned that similar future conduct could attract actual imprisonment.
High-Level Offence
Scenario:
A medical receptionist created and issued false medical certificates over a period of 18 months, some for personal use and others for associates, without a doctor’s knowledge or approval. This undermined the integrity of patient records.
What to expect:
Classified as an aggravated offence due to the offender’s position of trust. The court imposed a 4-year prison term, with a non-parole period of 2 years, citing sustained dishonesty, risk to public trust, and deliberate exploitation of her role. The sentence was served on Home Detention.
Disclaimer: The examples above are provided for informational purposes only and do not guarantee a specific result in your matter. Sentencing decisions can vary significantly depending on individual circumstances, including the severity of the offence, intent, prior criminal history and other legal factors. For case-specific advice, get in touch with one of our expert criminal lawyers.
Case Studies For Similar Offences
To view our past case results, please click the links below:
Centrelink Fraud
Centrelink Fraud
Theft of Funds from Employer
Theft of Funds from Employer
Dishonest Dealings with Documents FAQ’s
If you need more information about dishonest dealings with documents in South Australia, these FAQs answer the most common questions.
What are the possible defences for dishonest dealings with documents?
It may be a defence to the charge that you:
- were under duress;
- have a factual dispute;
- had a lack of intention;
- identification dispute; or
- suffer from a mental impairment.
What is considered dishonest dealings with documents under South Australian law?
Under section 140 of the Criminal Law Consolidation Act 1935 (SA), dishonest dealings with documents include creating, using, possessing, or concealing a false document with the intention to deceive others, gain a benefit, or cause detriment.
What makes a document “false” under South Australian law?
A document is considered false if it gives a misleading impression about:
- The nature, validity, or effect of the document,
- Any fact on which its effect may depend (e.g. identity or capacity of the signatory), or
- The existence or terms of a transaction it appears to relate to.
Even a true copy of a false document is considered false under the law.
What are examples of dishonest dealings with documents?
Common examples include:
- Falsifying bank statements or pay slips,
- Editing or fabricating statutory declarations,
- Forging medical prescriptions,
- Manipulating mortgage documents,
- Using a false document to mislead Centrelink, banks, or employers.
What constitutes an aggravated offence for dishonest dealings with documents?
An offence is considered aggravated under section 5AA if it involves circumstances such as:
- A victim under 12 or over 60,
- Breach of trust or abuse of authority,
- Offending against a vulnerable or dependent person,
- Association with organised crime.
Is it illegal to simply possess a false document?
Yes. It is an offence to possess a document knowing it to be false, even if it is not used. Intent and knowledge are key factors.
What if I accidentally used a false document?
You may have a defence if you can prove that you did not know the document was false or that you lacked the intent to deceive. Legal advice is essential in these situations.
Can I be charged for suppressing or hiding a document?
Yes, but only if you:
- Took positive steps to conceal or destroy the document,
- Were under a duty to reveal the document and failed to do so, or
- Dishonestly responded to inquiries about its existence.
What is meant by 'deceiving a machine' in the law?
You can be charged with dishonest dealings with documents if your actions were intended to manipulate a machine (e.g. scanning a fake ID to gain access) or help someone else do so.
Can I be charged for using a false document someone else created?
Yes. If you knowingly use a document created by someone else and you are aware it is false, you may still be held criminally liable under section 140.
How is this offence different from forgery or making a false statutory declaration?
While all involve dishonesty:
- Forgery usually involves imitating someone else’s signature or seal.
- False statutory declarations are covered under the Oaths Act 1936 (SA).
- Dishonest dealings with documents under section 140 focuses broadly on deceptive conduct involving any document.
Are there similar offences in other Australian states?
Yes, most states have equivalent offences. For example:
- NSW: Crimes Act 1900 (NSW), s 253 (make/use false documents)
- Victoria: Crimes Act 1958 (Vic), s 83A
However, the definitions and penalties may vary slightly, and aggravating factors are applied differently.
Should I get legal advice if charged with falsifying a document?
Absolutely. These offences carry serious penalties, including potential prison time. A criminal lawyer can assess your circumstances, explore available defences, and help you minimise the legal consequences.
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