Have ‘Your Say’ on identity theft law reform

South Australia’s identity theft laws are set for an overhaul, with reforms proposed to ensure our legislation meets modern standards and can better target and prosecute perpetrators.

Attorney-General Vickie Chapman said that since identity theft laws were first introduced in 2003, the techniques used by perpetrators have changed and the prevalence of the crime had grown considerably.

“The time is right to look at these laws and see how they can be strengthened, to better protect and support South Australians and prosecute those responsible,” Attorney-General Vickie Chapman said.

“We are proposing a series of reforms that ensure our laws are contemporary and adequately address this serious issue.

“Given the scope of these changes, we are seeking input from the public on whether these laws achieve the desired outcome, and I would urge South Australians with an interest in this matter to have their say,” she said.

Under the proposed reforms:

  • It would be illegal to be in possession of another person’s identity information (such as a driver’s licence or passport) without a reasonable excuse
  • The threshold for proving criminal intent will be reduced (from ‘serious criminal intent’), giving authorities greater scope to prosecute the perpetrators of identity theft
  • Certificates of identity theft – which can currently only be provided to a victim to prove they have had their identity stolen once an offender is convicted of the crime – would be provided by the courts where there is sufficient evidence to demonstrate the person is a victim of identity theft

People can have their say on the proposed reforms by visiting https://yoursay.sa.gov.au/identity-theft-reforms.

Submissions close at 5pm on Friday 26 February.