Have you ever had a false accusation made against you?
False accusations can have devastating consequences, such as a loss of employment or even liberty, especially if they lead to a criminal charge or conviction.
In New South Wales, false accusations are treated very seriously. If found guilty of making a false accusation you may be liable to imprisonment for seven years. S 314 of the Crimes Act makes it an offence to make an accusation, intending for a person to be the subject of an investigation of an offence, if you know that the person is innocent.
The prosecution must prove beyond a reasonable doubt that:
- You made a false accusation
- You intended the person to be the subject of an investigation of an offence, and
- You knew that person was innocent of the offence.
Is it an offence to make a false allegation to implement an AVO?
Under the Crimes (Domestic and Personal Violence) Act 2007 (NSW), it is an offence to knowingly make a false or misleading statement to a registrar or magistrate for the purpose of applying for an apprehended personal violence order. The maximum penalty for doing so is imprisonment for 12 months or $1,100, or both
In some circumstances a registrar (or other authorised officer) can refuse to issue process for a final AVO if they are satisfied that the application is frivolous, vexatious, without substance, or has no reasonable prospect of success.