Identity crime, which encompasses both “identity fraud” and “identity theft”, is one of the fastest growing crimes and has been referred to as “the crime of the new millennium”. It is also a matter of significant public policy, particularly since September 11, with many countries introducing new initiatives (such as facial recognition systems at airports) or considering/implementing forms of national identity cards.

The use of false identities has a very long history indeed. However, in today’s modern society, we each have multiple electronic identities and it is so much easier to steal an existing identity or create a new identity because of the impersonal nature of many interactions/transactions and new and emerging technologies. False identities can be established in the following ways:

• creating a fictitious identity by manufacturing, forging or fraudulently obtaining legitimate documentation to satisfy Proof Of Identity (POI) requirements;
• altering one’s own identity by making changes to name, date of birth or address; or
• stealing the identity of an actual person (living or dead) by using stolen personal information, or fraudulently obtained, forged, or stolen identity documents.

A 2002 UK Cabinet Office report points out that there are three basic reasons why a person develops another identity:

• To avoid being identified in the original identity (concealment) eg. illegal immigrants wishing to stay in a country, money launderers, disqualified drivers;
• To make a financial profit from some form of fraud eg. credit frauds, claiming educational qualifications to obtain a certain job;
• To avoid financial liability eg. avoiding child maintenance, tax avoidance.

Therefore, the motives for committing identity crime are wide and varied. Identity fraud was estimated by the Commonwealth Attorney-General’s Department in 2001 to cost Australians in excess of $4 billion per annum, although authoritative statistics are not yet available on the crime’s incidence or impact. Research conducted by SIRCA (Securities Industry Research Centre of Asia-Pacific) and released in late 2003 estimated that the cost of identity fraud in Australia in 2001-2002 was $1.1 billion.

Identity crime is an enabler for a whole range of offences and can underpin major crimes such as people smuggling, drug trafficking, terrorism and money laundering. It is, however, more frequently encountered in the context of fraud and illegal financial gain.

Organised crime is involved in identity crime and improvements are being and continue to be made to law enforcement, private and public sector community initiatives to combat identity crime.

Identity crime raises issues such as:

• the adequacy of current legislative regimes (eg. whether identity theft itself is, or should be, an offence);
• training for police and the community in prevention and response measures; and
• dealing with a range of victim-related issues, including legal standing/status and privacy restrictions/requirements.

Police Commissioners and Ministers have recognised that identity crime is an important issue. In March 2003, Commissioners released the Australasian Identity Crime Policing Strategy 2003-2005 to ensure coordinated action on the matter. The 2003-2005 Strategy was reviewed and updated in late 2005 and has now been superseded by the current Australasian Identity Crime Policing Strategy 2006-2008. A one-page, double-sided ready reference provides a brief summary of the Strategy for use by operational police. The Strategy is designed to complement the E-Crime Policing Strategy which was launched by Commissioners in 2001, as some identity crime involves the use of electronic media.

A community prevention brochure entitled “When Bad Things Happen to your Good Name”, produced by Australasian policing agencies, is also available. The brochure explains what is meant by the terms “identity crime”, “identity fraud” and “identity theft” and provides some useful tips on how to avoid victimisation. It also provides basic details on who to contact with information or a report about identity crime. A similar brochure for small business has also been produced entitled "When Bad Things Happen to Your Business' Good Name".

Australian Police Ministers formed a multi-agency Task Force on Identity Crime in 2003 to ensure "joined-up" strategies and coordination in this complex area of crime. The 2004 report of the Task Force was referred by the Australian Police Ministers to the Council of Australian Governments in November 2004.

In accordance with the Australasian Identity Crime Policing Strategy, Australasian policing is working with a range of stakeholders to provide an integrated police approach to the prevention and reduction of identity crime and to the provision of assistance to the victims of "identity theft". The strategic focus areas to be addressed are: Prevention; Victim Assistance; Partnerships; Education and Capability; Resources and Capacity; and Regulation and Legislation.

The Police Commissioners' Conference Australasian Identity Crime Working Party (AICWP), which is chaired by the ACPR and consists of representatives from all Australasian jurisdictions and the Australian Crime Commission, has prepared a detailed workplan to facilitate the coordinated implementation of the Australasian Identity Crime Policing Strategy.

Policing is required to deal with an increased incidence of identity crime, much of which is facilitated by Information and Communications Technology and the Internet. For example, skimming is a growing problem. It involves the use of technology that facilitates identity theft by reading and capturing personal information from the magnetic strip of credit and debit cards. Separate steps are being taken to develop a national approach to this issue.

Given the electronic nature of many identity-related crimes, such as the hacking of databases or the use of malicious code to access personal information, the Australian High Tech Crime Centre (AHTCC) also has a role to play in this area.

In addition, the Australian Crime Commission, as tasked by its Board is undertaking a Special Intelligence Operation on Identity Crime.

Australasian policing recognises the importance of working with a range of other bodies in this area, both here and overseas, in order to prevent and reduce identity crime and assist the victims of identity theft. The AICWP continues to monitor important whole-of-government initiatives in this area. Its members work with document issuing agencies, financial institutions, and other government agencies to enhance current processes, documents and procedures. There is also liaison with consumer protection bodies and victim support agencies to address a range of victim issues.

Identity crime presents multi-faceted and multi-agency challenges. Opportunities are sought to interface policing response strategies with those being developed elsewhere, particularly within the Commonwealth arena, the private sector, the community, and the international law enforcement arena. In this regard, the AICWP, represented by the ACPR, is a member of the AUSTRAC Proof of Identity Steering Committee and the Australian Bankers’ Association Fraud Task Force.

The ACPR has produced a number of other documents in the area of identity crime which are not publicly available and are for use by law enforcement only. If you are a member of Australasian law enforcement, you should contact your jurisdictional ACPR Liaison Officer, or contact the ACPR direct to access restricted publications.

A relevant publication is the ACPR current commentary entitled Police and identity theft victims: Preventing further victimisation. The document examines the two main interactions that police have with these individuals – as victims of identity theft and as suspects wrongly accused of identity thieves’ criminal activities. The paper outlines some basic steps that policing organisations can take so that these individuals will not be further victimised as a result of their interactions with police.