What to Do If You're Arrested in Australia

From the moment of arrest, you have: the right to be told the reason for your arrest; the right to silence; the right to contact a lawyer before being questioned; the right to notify a family member or friend; the right to an interpreter; and the right to be brought before a magistrate without unreasonable delay.

These rights apply in all Australian jurisdictions — NSW, VIC, QLD, WA, SA, TAS, NT, ACT, and under federal law.

No. You have the right to silence. Beyond providing your name and address where legally required, you do not have to answer any questions. Say clearly: "I am exercising my right to silence. I will not answer questions without a lawyer."

Exercising your right to silence cannot be used as evidence of guilt. It is a fundamental legal protection recognised in all Australian jurisdictions.

Do not let police pressure, friendliness, or implied promises lead you to talk without a lawyer. Whatever you say will be recorded and can be used against you.

Yes. Legal Aid is available in every Australian state and territory. Duty lawyers are available at police stations and courts. If you cannot afford a private lawyer, you have the right to request one. Legal Aid cannot be denied on the basis that you're not a citizen.

Request a duty lawyer immediately. They can advise you before police questioning begins, at no cost.

Yes. Police can arrest without a warrant in many circumstances, including: reasonable grounds to believe you have committed, are committing, or are about to commit an offence; to prevent a breach of the peace; to preserve evidence; or where you're believed to have breached bail conditions.

An arrest warrant issued by a magistrate is a separate mechanism used when police know who they want to arrest but haven't found them yet. Both types of arrest trigger the same rights for the person arrested.

Additional protections apply to young people (under 18) in every Australian jurisdiction. Police generally must contact your parent or guardian as soon as practicable. In most states, a "support person" must be present before police can question a young person.

In NSW, the Children (Criminal Proceedings) Act 1987 requires a support person. In QLD, PPRA has specific youth provisions. In VIC, the Children, Youth and Families Act applies.

If you're under 18: say clearly that you are a minor, ask for your parent/guardian to be contacted, and do not answer any questions until a support person is present and you have spoken to a lawyer.

Do not physically resist at the time — you could face separate charges for resisting arrest or assaulting police, regardless of whether the original arrest was lawful. Comply calmly.

Your remedies for an unlawful arrest include: challenging it in court (which may result in the charges being dismissed), applying to have evidence obtained after the unlawful arrest excluded, suing police for false imprisonment, or filing a complaint with the police oversight body in your state.

Document everything immediately after: time, location, officer details, what was said, and any witnesses.

Australia has no general law requiring you to carry ID at all times. However, if police have lawful grounds to ask for your name and address and you refuse or provide false information, that can be an offence in most states.

If you're driving, you must have your licence — this is a road transport requirement, not a general ID law. Police can check your licence at a traffic stop. Not having it on you (if you do have one) is generally a fine, not an arrest in most states.