Right to Legal Representation in Queensland
Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Under section 23G of the Crimes Act 1914 (Cth), if you're arrested for a Commonwealth offence, you have the right to communicate with a legal practitioner of your choice. The investigating official must inform you of this right and give you a reasonable opportunity to contact a lawyer before questioning begins.
The right is reinforced by common law and the High Court has treated it as fundamental to a fair trial — Dietrich v The Queen (1992) being the case lawyers cite. If you can't afford a lawyer, contact Legal Aid in your state or territory, or ask the AFP to help connect you with duty counsel.
Police must delay questioning for a reasonable time so you can get advice. Refusing access or rushing past the right can lead to evidence being excluded under s. 138 of the Evidence Act 1995 (Cth) — and Australian courts use that discretion regularly.
When does it apply?
This right applies whenever you are arrested or detained by the AFP for a Commonwealth offence.
- You can exercise this right at any time during your detention, not only at the start.
- It applies to all people, regardless of citizenship or residency status.
- If you are under 18 or have a mental impairment, you are also entitled to have an interview friend present under s 23H.
What to Do If Australian Federal Police Deny You Access to a Lawyer
- Say clearly: "I want to speak to a lawyer before answering any questions."
- If you do not have a lawyer, ask police to help you contact Legal Aid or a duty lawyer.
- Call the Legal Aid hotline for your state or territory — the number is available 24 hours in most jurisdictions.
- If you are under 18, ask for a parent, guardian, or interview friend to be present.
- Do not answer any substantive questions until you have received legal advice.
What should you NOT do?
- Don't waive your right to a lawyer under pressure — police may suggest it is faster to proceed without one, but this is your choice.
- Don't accept legal advice from police officers — they are not acting as your lawyer.
- Don't assume you cannot afford a lawyer — Legal Aid provides free advice to people in police custody.
- Don't begin answering questions thinking you can stop later — anything you say from the start can be used against you.
How Queensland differs from federal law
In Queensland, the right to legal representation in police custody is protected by the Police Powers and Responsibilities Act 2000 (Qld) and the Human Rights Act 2019 (Qld).
- Under section 397 of the PPRA, a person detained for questioning must be informed of their right to communicate with a lawyer and to have a lawyer present during questioning.
- The Human Rights Act 2019 (Qld), s 32(2)(b), provides that a person charged with a criminal offence has the right to communicate with a legal practitioner.
- Queensland Legal Aid operates a telephone advice service available to people in police custody, including after hours.
- For Aboriginal and Torres Strait Islander persons, the Aboriginal and Torres Strait Islander Legal Service (ATSILS) provides a custody notification service. Under the PPRA, police must contact a support person for Indigenous detainees.
- For children (under 17 in Queensland), the Youth Justice Act 1992 (Qld) requires that a parent, guardian, or other support person be present during police questioning, in addition to the child's right to a lawyer.
Additional Steps in Queensland
Call Queensland Legal Aid (1300 651 188) or ATSILS (1800 012 255) from custody. If police refuse your request for a lawyer, clearly note the time and circumstances. Contact the CCC (1800 061 611) to report police misconduct.
Relevant Law: Police Powers and Responsibilities Act 2000 (Qld), ss 397-403; Human Rights Act 2019 (Qld), s 32; Youth Justice Act 1992 (Qld)
Common Questions
When does right to legal representation apply?
This right applies whenever you are arrested or detained by the AFP for a Commonwealth offence.You can exercise this right at any time during your detention, not only at the start.It applies to all people, regardless of citizenship or residency status.If you are under 18 or have a mental impairment, you are also entitled to have an interview friend present under s 23H.
What should I do if Australian Federal Police are questioning me and won't let me speak to a lawyer?
Say clearly: "I want to speak to a lawyer before answering any questions."If you do not have a lawyer, ask police to help you contact Legal Aid or a duty lawyer.Call the Legal Aid hotline for your state or territory — the number is available 24 hours in most jurisdictions.If you are under 18, ask for a parent, guardian, or interview friend to be present.Do not answer any substantive questions until you have received legal advice.
What mistakes should I avoid with right to legal representation?
Don't waive your right to a lawyer under pressure — police may suggest it is faster to proceed without one, but this is your choice.Don't accept legal advice from police officers — they are not acting as your lawyer.Don't assume you cannot afford a lawyer — Legal Aid provides free advice to people in police custody.Don't begin answering questions thinking you can stop later — anything you say from the start can be used against you.
Right to Legal Representation in other states
Same topic, different jurisdiction. Pick the one that applies to you.