Right to Legal Representation in Tasmania
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 Tasmania differs from federal law
In Tasmania, a detained person's right to legal representation is set out in the Criminal Law (Detention and Interrogation) Act 1995 (Tas), which establishes the rights of persons taken into custody.
- Under section 4 of the Act, police must inform a detained person of their right to communicate with a legal practitioner and provide reasonable facilities to do so.
- If you request a lawyer, police should delay questioning for a reasonable time to allow the lawyer to attend or provide advice by phone.
- Legal Aid Tasmania provides a duty lawyer service at Magistrates Courts across the state and can be contacted for urgent advice during custody situations.
- For Aboriginal and Torres Strait Islander people, the Tasmanian Aboriginal Legal Service (TALS) provides legal assistance. Tasmania Police follow custody notification protocols for Indigenous detainees.
- If you are a child (under 18), police must contact a parent, guardian, or appropriate adult before questioning, consistent with the Youth Justice Act 1997 (Tas).
Additional Steps in Tasmania
Call Legal Aid Tasmania (1300 366 611) or the Tasmanian Aboriginal Legal Service (1800 064 865) from custody. If police deny you access to a lawyer, note the time and circumstances — this can be raised in court to challenge the admissibility of evidence.
Relevant Law: Criminal Law (Detention and Interrogation) Act 1995 (Tas), s 4; Youth Justice Act 1997 (Tas); Legal Aid Commission Act 1990 (Tas)
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.