Proceeds of Crime Act response workflow
POCA 2002 gives the Commonwealth civil recovery powers that operate in parallel with any criminal case. Speed matters — once a restraining order is made, living expenses, legal fees, and business operations are all affected. The response has to manage the civil restraint process alongside the underlying criminal matter.
This is an 8-step workflow for responding to a Commonwealth restraining order and forfeiture application under the Proceeds of Crime Act 2002 (Cth). It runs from first notice through exclusion applications, hardship orders, and settlement with the AFP Criminal Assets Confiscation Taskforce.
Before you start
- Signed costs agreement and conflict check
- Copy of the restraining order, supporting affidavit, and schedule of property
- Full asset, liability, and income disclosure from the client
- Identification of all interested third parties (spouse, business partners)
The workflow
Analyse the restraining order and its scope
Read the order against POCA ss 17 and 18. Identify each restrained asset, the category of offence alleged, and the ancillary orders (examination, monitoring).
Open a privileged file and co-ordinate with criminal team
Open a segregated file, put privilege protocols in place, and co-ordinate with any separate criminal defence team so civil disclosure does not undermine the criminal case.
Assess grounds for exclusion and hardship
Assess whether assets can be excluded under s 29 (not proceeds/instruments) or s 31 (acquired lawfully by a third party), and whether a s 24(2) hardship order for living expenses or legal fees is warranted.
File exclusion or hardship application
File the application in the court that made the order, supported by affidavits tracing the source of funds, the third party's interest, and the hardship impact on dependants.
Respond to examination notices and monitoring orders
Advise on compulsory examination under s 180, responding to monitoring orders under s 219, and the use limits on derivative material in any criminal case.
Negotiate with the AFP CACT
Engage the AFP Criminal Assets Confiscation Taskforce on settlement — partial release, agreed exclusions, or a settlement deed that resolves the civil proceedings without full forfeiture.
Prepare for final forfeiture or pecuniary penalty hearing
If no settlement, prepare for the final forfeiture or pecuniary penalty hearing. Assemble tracing evidence, address statutory presumptions, and file any final exclusion claims.
Manage post-order consequences
On final orders, manage the release of excluded assets, any pecuniary penalty payment plan, third-party claims on forfeited property, and tax and insolvency consequences.
What you will have at the end
Either an agreed settlement with CACT, the exclusion of lawfully acquired or third-party property, or a defended outcome at final hearing, with the client's living, business, and legal fee needs funded.
Common issues
- Civil disclosure inadvertently compromises the criminal case
- Hardship orders not sought early, leaving the client without funds
- Third-party spouse or family member interests not separately represented
- Source-of-funds tracing evidence is incomplete
- Settlement agreed without considering tax and insolvency flow-on
Run this workflow on a real matter
Quillio maps restrained assets against POCA categories, drafts exclusion and hardship affidavits, and produces the settlement proposal to CACT. See /practice-areas/criminal-lawyers or start a free trial at /free-trial.
General guide only — not legal advice. POCA matters interact with tax, insolvency, and criminal law; obtain specialist advice early.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
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