⚠️ Important: This information is for general education only and is not legal advice. For specific legal matters, please consult a qualified legal professional or contact Legal Aid in your state.

Your Fundamental Rights

Every Australian has certain basic rights when dealing with the legal system.

Right to Silence

You have the right to remain silent when questioned by police (except for providing your name and address). You cannot be forced to answer questions that might incriminate you.

Right to Legal Representation

You have the right to speak with a lawyer before answering police questions. If you cannot afford a lawyer, you may be eligible for Legal Aid.

Right to a Fair Trial

You are presumed innocent until proven guilty. You have the right to know the charges against you, to present evidence, and to cross-examine witnesses.

Right to Appeal

If you are convicted, you generally have the right to appeal the decision to a higher court. There are time limits, so act quickly.

Right to Contact Someone

If arrested, you have the right to contact a friend, family member, or lawyer. Police must allow you to make this contact within a reasonable time.

Right to an Interpreter

If English is not your first language, you have the right to an interpreter during police questioning and court proceedings.

What To Do If...

If You Are Stopped by Police

  • Stay calm and be polite
  • Provide your name and address if asked (this is required by law)
  • You can ask why you are being stopped
  • You have the right to remain silent beyond providing identification
  • If you are searched, you can ask for the officer's name and station
  • You can ask if you are free to go—if yes, leave calmly

If You Are Arrested

  • Do not resist arrest—this can lead to additional charges
  • Ask clearly: "Am I under arrest?"
  • Ask what you are being arrested for
  • Say: "I want to speak to a lawyer before answering questions"
  • Ask to contact a friend or family member
  • Do not sign anything without legal advice

If You Receive a Court Summons

  • Do NOT ignore it—failing to appear can result in a warrant
  • Read it carefully and note the date, time, and location
  • Seek legal advice as soon as possible
  • Contact Legal Aid if you cannot afford a lawyer
  • Gather any relevant documents or evidence
  • Arrive early on the court date

If You Witness Police Misconduct

  • Stay safe—do not physically intervene
  • If safe to do so, record what is happening
  • Note the time, location, and officers' details
  • Get contact information from other witnesses
  • Report to the relevant oversight body (varies by state)
  • Consider contacting a community legal centre

Legal Aid by State

Free or low-cost legal assistance is available in every state and territory.

New South Wales

Legal Aid NSW: 1300 888 529

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Victoria

Victoria Legal Aid: 1300 792 387

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Queensland

Legal Aid Queensland: 1300 651 188

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Western Australia

Legal Aid WA: 1300 650 579

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South Australia

Legal Services Commission: 1300 366 424

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Tasmania

Legal Aid Tasmania: 1300 366 611

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Help Us Protect Everyone's Rights

Join the movement for a justice system that works for all Australians.