If you are new in Australia, you will hear about laws for everything, from where you park your car to what you can carry in your bag. Most people never go to court in their whole life here. But many newcomers do get a fine in their first few months, or they see a friend or family member get in trouble because nobody explained the rules.
Australia is a very multicultural country. As per the Australian Bureau of Statistics, 27.6 per cent of people living here were born overseas (2021 Census). That means a lot of us grew up with different laws and different police systems. Some things that were normal back home are crimes here. And some fears we had about police back home are not true here.
So, here are the main things you should know about criminal law, courts and penalties in Australia.
1. Australia has state laws and federal laws
Many people think Australia has one criminal law. Actually, it is not like that.
Every state and territory makes its own criminal laws. Things like theft, assault, drink driving and drug possession are mostly state crimes. State police handle them and state courts hear them. This is why the same mistake can have a different penalty in Sydney compared to Perth.
Then there are federal (Commonwealth) laws, which apply all over Australia. These cover crimes like:
a) bringing drugs or weapons into the country
b) cheating Centrelink or the Australian Taxation Office
c) terrorism and people smuggling
d) many online crimes
b) cheating Centrelink or the Australian Taxation Office
c) terrorism and people smuggling
d) many online crimes
Most federal crimes are in the Criminal Code Act 1995. Another law, the Crimes Act 1914, explains how federal offenders are charged and sentenced. The Australian Federal Police investigate these crimes and the Commonwealth Director of Public Prosecutions takes them to court.
2. Crimes are “summary” or “indictable”
In Australia, crimes are divided into two main types.
Summary offences are less serious. For example, minor traffic offences, offensive behaviour or small property damage. A magistrate decides the case alone. There is no jury.
Indictable offences are serious. For example, armed robbery, sexual assault, drug trafficking or serious violence. The most serious cases go to a judge and jury.
For federal crimes, the Crimes Act 1914 uses the maximum penalty to decide. If a crime can get more than 12 months in jail, it is indictable. If it is 12 months or less, or no jail, it is summary. States have their own rules, and some indictable cases can still be finished in the lower court.
Bonus Tip: In American movies you hear “felony” and “misdemeanour”. These words are not used in Australian courts, so don’t get confused.
3. Some crimes surprise newcomers
These are the common ones where migrants and students get caught without knowing.
Offering money to officials (bribery)
In some countries, giving a little cash to police or a government officer is how things get done. In Australia, offering money, gifts or favours to any police officer or public official to change their decision is a serious crime. It doesn’t matter if it is a small amount.
In some countries, giving a little cash to police or a government officer is how things get done. In Australia, offering money, gifts or favours to any police officer or public official to change their decision is a serious crime. It doesn’t matter if it is a small amount.
Example: Raj had been in Sydney only three weeks when police stopped him for a random breath test. Back home, he might have put some money with his licence to finish quickly. Here, that would be a bribe. He just gave his licence, did the test, and he was gone in two minutes.
Carrying a knife in public
Having knives at home is totally fine. But carrying a knife in public is different. In NSW, section 11C of the Summary Offences Act 1988 says you can’t have a knife in a public place or school without a reasonable excuse. The maximum penalty is two years in jail, a fine, or both. If you are a chef going to work or going fishing, that can be a reasonable excuse. But carrying a knife “for safety” or self-defence is not accepted. Other states have similar laws, and some knife types are banned completely.
Having knives at home is totally fine. But carrying a knife in public is different. In NSW, section 11C of the Summary Offences Act 1988 says you can’t have a knife in a public place or school without a reasonable excuse. The maximum penalty is two years in jail, a fine, or both. If you are a chef going to work or going fishing, that can be a reasonable excuse. But carrying a knife “for safety” or self-defence is not accepted. Other states have similar laws, and some knife types are banned completely.
Guns
You need a licence and registration for any firearm, everywhere in Australia. The rules are very strict.
You need a licence and registration for any firearm, everywhere in Australia. The rules are very strict.
Age of consent
Sexual activity with someone under the age of consent is a serious crime. The age is 16 in NSW, Victoria, Queensland, WA, NT and ACT, and 17 in South Australia and Tasmania. Most states also make it a crime for teachers, coaches and others in authority to have sexual contact with 16 or 17 year olds in their care.
Sexual activity with someone under the age of consent is a serious crime. The age is 16 in NSW, Victoria, Queensland, WA, NT and ACT, and 17 in South Australia and Tasmania. Most states also make it a crime for teachers, coaches and others in authority to have sexual contact with 16 or 17 year olds in their care.
Family violence
In Australia, violence at home is a crime. It is not a “family matter” to keep private. NSW and Queensland also have a separate crime called coercive control. This means a pattern of controlling or abusive behaviour towards a partner, even if there is no hitting. Other states have passed or are working on similar laws, and Tasmania already has crimes for economic and emotional abuse.
In Australia, violence at home is a crime. It is not a “family matter” to keep private. NSW and Queensland also have a separate crime called coercive control. This means a pattern of controlling or abusive behaviour towards a partner, even if there is no hitting. Other states have passed or are working on similar laws, and Tasmania already has crimes for economic and emotional abuse.
4. Know which court hears your case
Court names are different in each state, and even Aussies get confused. Here is a simple guide:
| Lower court | Summary offences and first stage of serious cases | Local Court (NSW, NT); Magistrates’ Court (Vic, Qld, WA, SA, Tas, ACT) |
| Middle court | Most indictable offences | District Court (NSW, Qld, WA, SA); County Court (Vic) |
| Supreme Court | Murder, the most serious crimes and appeals | Supreme Court (all states and territories) |
Tasmania, ACT and NT don’t have a middle court, so serious cases go from the lower court straight to the Supreme Court.
If you are charged, you will get paperwork like a court attendance notice, charge sheet or summons. It shows the charge, which court, and the date you must go. Keep it safe and don’t miss the date.
Innocent until proven guilty
In Australia, every person charged is presumed innocent. The prosecution has to prove you are guilty “beyond reasonable doubt”. You don’t have to prove you are innocent.
In Australia, every person charged is presumed innocent. The prosecution has to prove you are guilty “beyond reasonable doubt”. You don’t have to prove you are innocent.
Time limits for police
Police can’t wait forever to charge you for small offences. In NSW, most summary charges must start within six months. In Victoria, it is 12 months. Other states have their own time limits. Serious indictable crimes usually have no time limit.
Police can’t wait forever to charge you for small offences. In NSW, most summary charges must start within six months. In Victoria, it is 12 months. Other states have their own time limits. Serious indictable crimes usually have no time limit.
5. Understand fines and penalty notices
For most newcomers, the first contact with the law is a fine.
Many small offences are handled with an infringement notice, also called a penalty notice or on-the-spot fine. Common examples are speeding, parking, not paying on public transport, and some public order offences.
When you get a fine, you usually have these options:
a) Pay it. In most cases the matter ends with payment, and no criminal conviction is recorded. But driving offences can have demerit points, and your offences might be recorded in your driving record.
b) Ask for a review. If you think the fine is wrong, you can request a review before the due date.
c) Go to court. You can ask a magistrate to decide. In court, you can explain your side, but if the court finds you guilty, the penalty can be higher than the fine.
b) Ask for a review. If you think the fine is wrong, you can request a review before the due date.
c) Go to court. You can ask a magistrate to decide. In court, you can explain your side, but if the court finds you guilty, the penalty can be higher than the fine.
6. How sentencing works if a case goes to court
If someone is found guilty in court, the magistrate or judge can choose from different penalties. Depending on the state and the crime, these may be:
a) dismissing the charge without recording a conviction
b) a fine
c) a community-based order
d) an intensive correction order (served in the community)
e) jail
b) a fine
c) a community-based order
d) an intensive correction order (served in the community)
e) jail
The maximum penalty written in the law is the highest possible, not the usual result. Courts look at the facts and the person’s background, and most sentences are much lower than the maximum.
Sentencing rules also differ by state. For example, NSW stopped suspended sentences in 2018 and now uses community-based orders. Victoria finished removing suspended sentences in 2014.
For federal crimes, courts use the Crimes Act 1914, even in state court. One option is a recognizance release order. If the jail sentence is three years or less, the court can release the person straight away or after part of the time, if they follow conditions like good behaviour. If they break the conditions, the court can bring them back.
7. If you are on a visa, a criminal charge is extra serious
This is the part many migrants and students don’t think about until it is too late.
Under section 501 of the Migration Act 1958, every visa holder must pass a character test. Under section 501(3A), the Minister must cancel a visa if the person fails the test because of:
a) a substantial criminal record (this includes a jail sentence of 12 months or more), or
b) a sexual offence involving a child,
b) a sexual offence involving a child,
and the person is serving a full-time jail sentence.
This applies to permanent visas too, not just temporary ones. The person can ask for the cancellation to be revoked, but the time to apply is short and cannot be extended.
Because a guilty plea in a criminal court can affect your visa, always tell your criminal lawyer about your visa status from day one. You may also want advice from an immigration lawyer or a registered migration agent.
Important phone numbers to save
Police in Australia protect people and property, stop and investigate crime, and keep the peace. They are separate from the army and don’t take part in politics. For many people from overseas, this takes time to believe, but it is true here.
You can still call for help even if your English is not good. Victoria Police advises that you can call 000, ask for “police”, “fire” or “ambulance”, and then stay on the line to ask for an interpreter. For non-urgent matters in your language, you can call TIS National and ask to be connected to the Police Assistance Line.
- 000 – Emergency (someone is in danger or a crime is happening now)
- 131 444 – Police Assistance Line for non-urgent reports like theft or property damage (NSW, Victoria and several other states)
- 131 450 – TIS National interpreter service
- 1800 333 000 – Crime Stoppers (you can report anonymously)
Where to get legal help
This is general information only, not legal advice.
In most situations, you have the right not to answer police questions, but in some cases you must give your name and address. You can usually contact a lawyer, friend or family member, and you can ask for an interpreter. Interpreters are common in police interviews and courts, so don’t hesitate to ask.
Free or low-cost legal help is available through following organisations:
a) Legal Aid in each state gives free advice and may give you a lawyer for court
b) Community legal centres give free advice on many legal problems
c) Aboriginal and Torres Strait Islander legal services help First Nations people
d) Duty lawyers at many courts give free advice on the day of your hearing
b) Community legal centres give free advice on many legal problems
c) Aboriginal and Torres Strait Islander legal services help First Nations people
d) Duty lawyers at many courts give free advice on the day of your hearing
Also, if you think police treated you unfairly, every state and territory has an independent body where you can complain.
Common mistakes people make in Australia
- “If I pay the fine, I get a criminal record.” Usually not. Most fines don’t give you a conviction. Court outcomes are different.
- “I didn’t know the law, so it’s okay.” Not knowing the law is generally not a defence. The court may consider your situation, but you can still be found guilty.
- “Laws are the same in every state.” No. Knife laws, drug laws and time limits change from state to state. If you move interstate, check the local rules.
- “If I am charged, I am guilty.” A charge is only an accusation. Guilt must be proven in court.
- “Asking for an interpreter will make police or the judge angry.” Not true. It is your normal right.
Read Also: Australia’s Anti-Discrimination Laws and Fairness Explained
Wrapping Up!
The Australian legal system can look complicated, with different state laws plus federal laws. But the basics are simple. Crimes are either summary or indictable. Many small matters finish with a fine. Everyone is innocent until proven guilty, and everyone can get legal advice and an interpreter.
As a newcomer, save the important numbers, leave the knife at home, never offer money to an official, and open every fine or court letter as soon as it arrives. And if you are on a visa and something goes wrong, get legal advice early. Small problems are much easier to fix early.
For more information, you can check:
- Federal Register of Legislation for Commonwealth laws like the Crimes Act 1914 and Migration Act 1958
- Age of consent laws in Australia – Australian Institute of Family Studies
- Legal Aid NSW (or the Legal Aid office in your state)
- TIS National for free interpreting help
This article is general information only and is not legal advice. For advice about your situation, contact Legal Aid, a community legal centre or a qualified lawyer.
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