Rights During Police Questioning (Australia) (2026)

In NSW, the right to silence applies during police questioning. You are generally not required to answer questions beyond providing your name and address when asked by a police officer who suspects you of an offence (LEPRA, s 11).

• Under Part 9 of LEPRA, police must caution you that you do not have to say or do anything, but that anything you do say or do may be used in evidence. This caution must be given before any investigative questioning.
• NSW introduced a pre-trial disclosure requirement under the Evidence Act 1995 (NSW), s 89A, which allows a court to draw an unfavourable inference from a defendant's failure to mention a fact during official questioning that they later rely on at trial — but only for serious indictable offences and only if the person had access to a lawyer.
• Police interviews in NSW must be electronically recorded (audio or video) for indictable offences (LEPRA, s 112). An unrecorded confession is generally inadmissible.
• The investigation period for detained persons in NSW is 4 hours (LEPRA, s 115), which can be extended by a magistrate for up to an additional 8 hours in certain circumstances.

Queensland maintains a strong right to silence during police questioning. Under the PPRA, police must caution you before any questioning commences.

• Under section 397 of the PPRA, police must caution a detained person that they do not have to say anything but that anything they do say may be used in evidence. You are only required to provide your name and address.
• All police interviews for indictable offences must be electronically recorded (audio and video) under section 436 of the PPRA. A confession or admission that is not recorded may be inadmissible unless the court is satisfied that exceptional circumstances exist.
• The questioning period is generally limited to a reasonable time, which in Queensland is typically 8 hours (with extensions available on application to a magistrate under s 403 of the PPRA).
• The Human Rights Act 2019 (Qld), s 32(2)(i), provides that a person charged with a criminal offence has the right not to be compelled to testify against themselves or to confess guilt.

In South Australia, you have a right to silence during police questioning. You are generally not required to answer questions beyond providing your name and address when asked by a police officer who reasonably suspects you of an offence.

• Under section 74D of the Summary Offences Act 1953 (SA), police must caution you that you do not have to answer questions but that anything you do say may be used in evidence.
• South Australia does not have a provision allowing courts to draw adverse inferences from silence during police questioning — exercising your right to silence cannot be used against you at trial.
• Police interviews in SA for indictable offences should be electronically recorded (audio or video). Unrecorded admissions are subject to scrutiny under the Evidence Act 1929 (SA), section 34CA, which requires corroboration of unrecorded confessions.
• The investigation period for detained persons in SA is governed by section 78 of the Summary Offences Act, which allows detention for a reasonable time (generally interpreted as around 4 hours but not strictly defined, unlike some other states).

In Tasmania, you have a right to silence during police questioning. You are not required to answer questions beyond providing your name and address when asked by a police officer.

• Under the Criminal Law (Detention and Interrogation) Act 1995 (Tas), police must caution you that you do not have to say anything but that anything you do say may be used in evidence.
• Tasmania does not have a provision allowing courts to draw adverse inferences from silence during police questioning — your right to silence cannot be used against you at trial.
• Police interviews in Tasmania for indictable offences should be electronically recorded (audio or video). The Evidence Act 2001 (Tas) and common law principles govern the admissibility of confessional evidence.
• The maximum investigation period under the Criminal Law (Detention and Interrogation) Act is 4 hours from when you are first detained (section 4(3)). A magistrate can extend this by up to an additional 8 hours in certain circumstances.

WA maintains a strong right to silence during police questioning under the Criminal Investigation Act 2006 (WA).

• Under section 138(2) of the CIA, police must caution a person before questioning that they do not have to say anything but that anything they do say may be given in evidence. You are only required to provide your name and address (CIA, s 16).
• All police interviews for serious offences should be electronically recorded (audio and video) under the Criminal Investigation (Identifying People) Act 2002 (WA) and WA Police operational procedures. Unrecorded confessions may be challenged in court.
• The maximum detention period for questioning is generally 6 hours, which can be extended by a senior officer for up to a further 6 hours, or by a magistrate for a further period (CIA, s 141).
• WA has an additional requirement for persons of Aboriginal or Torres Strait Islander descent: police must take reasonable steps to ensure that a qualified interpreter is available and that a support person is present during questioning.