is it a crime to lie at work?
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Is It a Crime to Lie to Your Boss? (vs. Lying to the Police in NSW)

BySydney Criminal Lawyers

At National Criminal Lawyers®, our clients often come to us with questions that seem simple on the surface but turn out to have complex legal answers. One such question is: “Can I get into legal trouble for lying to my boss?”

The short answer: Lying to your employer is usually not a criminal offence, though it might breach your contract or workplace policies. However, lying to police or other public officials can very quickly cross into the territory of serious criminal charges.

In this blog, we break down:

  • When lying in the workplace is an employment issue versus when it becomes criminal.
  • What the law says about lying to police in NSW.
  • The serious charges that can flow from giving false information.
  • Case law and scenarios to illustrate how courts approach these issues.
  • Practical advice on navigating both employment and criminal law risks.

Lying to Your Boss: An Employment Issue, Not a Crime

In NSW, there is no general criminal law against lying to your employer. Dishonesty in the workplace is typically treated as:

  • A breach of contract, which could justify dismissal.
  • A breach of workplace policy, potentially leading to disciplinary action.
  • In some industries, professional misconduct (e.g., lawyers, doctors, financial advisors).

    Example Scenarios:
  • Calling in sick when you’re not: Dishonest, but not a crime, though repeated dishonesty could lead to termination.
  • Exaggerating qualifications: Usually an HR/contract matter. However, if false credentials are used to gain financial advantage, this may cross into fraud under s 192E Crimes Act 1900 (NSW) (dishonestly obtaining financial advantage by deception).
  • Concealing workplace mistakes: Again, not criminal unless it results in fraud or regulatory breaches (e.g., falsifying safety documents in construction).

Example Scenarios:

  • Calling in sick when you’re not: Dishonest, but not a crime, though repeated dishonesty could lead to termination.
  • Exaggerating qualifications: Usually an HR/contract matter. However, if false credentials are used to gain financial advantage, this may cross into fraud under s 192E Crimes Act 1900 (NSW) (dishonestly obtaining financial advantage by deception).
  • Concealing workplace mistakes: Again, not criminal unless it results in fraud or regulatory breaches (e.g., falsifying safety documents in construction).

In short: lying to your boss won’t usually see you in court, but it could get you fired.

When Lying at Work Does Become Criminal

While most workplace lies are handled internally, certain situations elevate dishonesty into a criminal offence.
1. Fraud (s 192E Crimes Act 1900 (NSW))
Occurs if you dishonestly obtain property or a financial advantage, or cause disadvantage, by deception.
Max penalty: 10 years imprisonment.
Example: Using false invoices to siphon company funds.

2. Forgery (s 253 Crimes Act 1900 (NSW))
Making a false document intending it to be used to induce someone to accept it as genuine.
Example: Altering timesheets to inflate hours worked.

3. False or misleading information to regulators
If your role requires reporting to ASIC, the ATO, or SafeWork NSW, lying can amount to false or misleading information offences under specific statutes.

These are narrower categories, but they show that workplace dishonesty can sometimes blur into criminal dishonesty.

Lying to Police: A Serious Offence

In stark contrast, lying to police is not just frowned upon, it is criminalised by statute in NSW.

Section 307B Crimes Act 1900 (NSW)

“A person who knowingly makes a false or misleading statement in any application or document produced under a law of the State is guilty of an offence.”

Making a false or misleading statement to a public official (not just police).

Case Law Examples

  • R v Cornwell [2015] NSWSC 1077: The accused gave a false name to police during a stop. The court stressed that while it may seem minor, misleading police undermines law enforcement and was treated seriously.
  • R v Filippou [2010] NSWSC 142: Providing a false statement during a police investigation into a serious crime resulted in imprisonment. The court noted that lying obstructed justice and wasted police resources.

These cases illustrate that courts view lying to police not as a “white lie” but as conduct that strikes at the heart of justice administration.

Key Differences: Boss vs Police

ContextLegal Status of LyingPotential Consequences
To your bossGenerally not a crime (contractual/employment issue), unless fraud or forgery involvedDismissal, loss of income, professional misconduct
To policeCriminal offence under Crimes Act 1900 (NSW)Fines, imprisonment, criminal record

Related Offences

Why This Distinction Matters

While lying to your boss might only affect your job, lying to police or courts can change the trajectory of your life. A criminal record can affect:

  • Employment prospects.
  • Overseas travel.
  • Ability to hold professional licences.

National Criminal Lawyers®: Experts in Dishonesty and Public Order Offences

At National Criminal Lawyers®, we have defended clients in matters ranging from fraud and workplace dishonesty to false statements to police and perjury charges. Our expertise means we know how to:

  • Challenge the prosecution’s claim that a statement was knowingly false.
  • Argue for dismissal under s 10(1)(a) or a Conditional Release Order without conviction where possible.
  • Highlight mitigating factors such as duress, mistake, or genuine misunderstanding.

Contact us

If you or someone you know has been accused of lying to police, dishonesty in the workplace, or any related offence, the consequences can be serious and far-reaching.

📞 Call 1800 CRIM LAW today to speak with our expert criminal defence lawyers in Sydney. We’ll protect your rights, minimise penalties, and fight to keep your record clean.

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