Crime

What if I want to turn myself in?

You should get legal advice before doing anything. A lawyer can tell you about your rights in dealing with the police and discuss the offence with you.

If you are Aboriginal or Torres Strait Islander, you can contact the Aboriginal Legal Service. 

If you are under 18, you can contact the Youth Hotline. For more information, see Youth Hotline on the My problem is about section of our website.

If you have a cognitive impairment you can contact the Intellectual Disability Rights Service (IDRS). For more information, see the IDRS website.

What does it mean if I am a protected suspect?

A protected suspect is someone who is with a police officer for the purpose of an investigation, but they are not under arrest and are free to leave. The police officer must believe that there is sufficient evidence that the protected suspect has committed the offence they are investigating.

Protected suspects have some of the same rights as a person who is under arrest: 

• ​they should be given a caution that they do not have to say anything
• the right to contact a friend, relative, guardian, or independent person
• the right to contact a lawyer or try to contact a lawyer to ask them to come to the police station
• the right to an interpreter if they need one
• the right to medical attention 
• the right to refreshments and access to toilet facilities.

If you are a protected suspect you are entitled to leave. You should not agree to participate in an interview with police until you have spoken to a lawyer. You should get urgent legal advice.

If you are Aboriginal or Torres Strait Islander, you can contact the Aboriginal Legal Service.

If you are under 18 you can contact the Youth Hotline. For more information, see Youth Hotline on the My problem is about section of our website.

If you have a cognitive impairment you can contact the Intellectual Disability Rights Service (IDRS). For more information, see the IDRS website.

Can I get legal advice if I am in custody?

If you are in police custody, you have the right to speak to a lawyer and get legal advice. If you know a private lawyer you may contact that person and ask them to attend. If you don’t know a lawyer, the police can try to contact a lawyer through Legal Aid NSW for you.

If you are under 18, the police are required by law to make sure you get legal advice. You should be put through to the Legal Aid Youth Hotline, a free legal advice service for under 18's, to speak to a specialist Legal Aid children's solicitor.

If you identify as Aboriginal or Torres Strait Islander, the police are required by law to notify the Aboriginal Legal Service. 

For more information, see BURN: Police interviews on the Ways to get help section of our website.

Can I organise a lawyer for someone in custody?

If you have a friend or relative in police custody, you can try to organise a private lawyer to attend the station or give them legal advice over the phone. However, keep in mind that the person in custody may have already spoken to a lawyer while in custody.

My friend or relative has been taken into custody. Can I contact the police to find out why they were arrested or where they are being held?

Generally, you are not entitled to know or be updated about the details of a person in police custody, including why they were arrested or what they will be charged with. This is confidential information.

It is up to the police whether they will tell you where a person in custody is being held while they are in police custody. You can contact the Custody Manager at the local police station/s and ask if your friend or relative is being held in custody there, however you may not be entitled to this information.

However, if the person in custody in under 18 and you are their parent or primary carer, you should be entitled to this information from the police. If your child has been taken into police custody, the police should attempt to contact you before interviewing your child.

I have been involuntarily admitted to a mental health facility and will be released into police custody. Can I get legal advice? 

If you have been an involuntary patient in a mental health facility and are to be or have been released into police custody, you have the right to speak to a lawyer and get legal advice. If you know a private lawyer you may contact that person and ask them to attend. If you don’t know a lawyer, the police can try to contact a lawyer through Legal Aid NSW for you.

Is there a time limit for police to charge someone? 

Some offences have a time limit for police to lay charges.

You should get legal advice if you are concerned about how long police have to charge you with a certain offence. It may depend on:

• whether there is a specific tim​e limit for that offence in the legislation
  
• whether the offence is a summary offence (a minor offence) or an indictable offence (a more serious offence)
  
• how the matter will be prosecuted, for example, some indictable offences might be dealt with as though they are a summary offence.

What should I do if the police want me to come in for an interview? 

It is important to get legal advice before dealing with the police. What you say to the police may affect whether you are charged, and what you are charged with. A lawyer can help you to understand your rights. You should not agree to participate in an interview with police until you have spoken to a lawyer.

If the police want to interview you, you should get legal advice.

If you are under 18 you can contact the Youth Hotline. For more information, see Youth Hotline on the My problem is about section of our website.

If you have a cognitive impairment you can contact the Intellectual Disability Rights Service (IDRS). For more information, see the IDRS website.

What should I do if I am under 18 and the police want to interview me? 

It is important to get legal advice before dealing with the police. What you say to the police may affect whether you are charged, and what you are charged with. A lawyer can help you to understand your rights. You should not agree to participate in an interview with police until you have spoken to a lawyer. 

If you are under 18, the police are required by law to make sure you get legal advice before an interview. You should be put through to the Legal Aid Youth Hotline, a free legal advice service for under 18's, to speak to a specialist Legal Aid children's solicitor. The Police should help you make this call.

If you are under 18, you have a right to a support person with you when you have been arrested and are in custody. A support person is a responsible adult who is independent of the case. This can be a lawyer or another adult. If you are 14 or older, you can choose who you want to call. If you are under 14, the police will ask your parents or guardian to attend,  unless your parents agree that someone else can take the role. The police cannot conduct an interview without that support person being present.

If the police want to interview you and you are under 18, you should get legal advice. 

If you are under 18 you can contact the Youth Hotline. For more information, see Youth Hotline on the Legal Aid NSW website.

What if police want to interview me and  I'm in a correctional centre?

It is important to get legal advice before dealing with the police. What you say to the police may affect whether you are charged, and what you are charged with. You shouldn't sign anything​ or agree to participate in an interview until you have spoken to a lawyer. 

If you are in this situation, you should get urgent legal advice.

If you are under 1​8, you can contact the Youth Hotline. For more information see, Youth Hotline on the My problem is about section of our website.

If you have a cognitive impairment you can contact the Intellectual Disability Rights Service (IDRS). For more information, see the IDRS website.

Do I have to make a statement if I witnessed a crime?

No, but you are required in some circumstances to tell police if you have information that could help them investigate some serious offences.

If you are in this situation, it is best to get legal advice. If you witnessed or have knowledge of a serious criminal offence and you do not provide this information to police, you may be charged. 

The police can also subpoena you as a witness in criminal proceedings if they believe you have information relevant to a case.

Should I sign a statement or participate in an interview?

It is important to get legal advice before dealing with the police. What you say to the police may affect whether you are charged, and what you are charged with. You shouldn't sign anything or agree to ​participate in an interview until you have spoken to a lawyer. 

If the police want you to sign a statement or participate in an interview, you should get urgent legal advice.

If you are Aboriginal or Torres Strait Islander, you can contact the Aboriginal Legal Service.

If you are under 1​8 you can contact the Youth Hotline. For more information see, Youth Hotline on the My problem is about section of our website.

If you have a cognitive impairment you can contact the Intellectual Disability Rights Service (IDRS). For more information, see the IDRS website.

Will I have to go to court if I make a statement to police?

If you make a statement to police about a crime, the police may want you go to court to be a witness. Whether you must go will depend on the circumstances. If the person pleads guilty, there will be no hearing and you may not need to go to court. If the person pleads not guilty, there will be a hearing and the police may want you to be a witness.

If you don't want to go to the hearing, you can tell the police that you don't want to be a witness. If they need your evidence, they may subpoena you to attend the hearing. A subpoena is an order from the Court that you must go to court to give evidence. If you do not go to court and do not have a reasonable excuse, the Court may issue a warrant for your arrest. 

For more information, see the Subpoenas topic.

If you get a subpoena and you don't want to comply with it, you should get legal advice.

There are some grounds on which you can challenge a subpoena. If the information that is being subpoenaed relates to a sexual assault, you can get advice from the Sexual Assault Privilege Service at Legal Aid NSW. 

For more information, see the Victims rights topic.

Can I change a statement I have made to the police?

You need to be very careful if you want to change your statement. You may be charged with making a false statement if you:​

• lied in your original statement, or
  
• want to make substantial changes to your statement.

It is a criminal offence to make a false statement or falsely accuse someone.

Before making any statements to police or giving any evidence in court that contradicts any original statement, you should get legal advice.

I can't remember what I said to the police. How can I get a copy of my statement?

If you are a complainant or witness in a criminal investigation, police will usually ask you to provide a statement. If you want a copy of your statement, you can get this from the police.

If the police refuse, you can apply for your statement to be released to you. You can:

• apply under the Government Information (Public Access) Act 2009 (NSW) (GIPA Act),or
• apply under the Privacy and Personal Information Protection Act 1998 (NSW) (PPIP Act).
  

The legislation allows members of the public to access certain information and documents from different government departments, including the NSW Police.

Accessing your own information under the PPIP Act is free. Applications under the GIPA Act may have a fee.

For more information about making an application under the PPIP or GIPA Acts, see How to access NSW government information on the NSW Information and Privacy Commission website.

Do police have to tell me their name?

When exercising police powers, in most cases, the officer must as soon as reasonably practicable provide you with:

• evidence they are an officer, if not in uniform
  
• their name
  
• place of duty, and
• a reason for using their police power.

A police officer must provide you with these details before they give you a direction or request you to do something.

In some cases, the police don't need to tell you these things, for example when they are:

• entering or searching a public place
  
• conducting a covert search warrant, or
• detaining an intoxicated person who may cause injury to themselves, another person or property.
  

Can the police record me with their body-worn video camera?  

A police officer can record you with their body-worn video camera if they: 

• are carrying out their duties as a police officer
  
• tell you they are using a body-worn video camera, and
  

• are recording a private conversation, in uniform and have provided evidence that they are a police officer.
  

Can I dispute a charge because the police officer didn't properly identify themselves? 

When exercising police powers, in most cases, the officer must as soon as reasonably practicable provide you with:

• evidence they are an officer, if not in uniform
  
• their name
  
• place of duty, and
  
• a reason for using their police power.
  

If they don't, it doesn't automatically make a charge invalid or the poli​ce officer's actions unlawful.

If you think the police have acted outside their powers, you should get legal advice. 

How can I identify if someone is a police officer if I am blind or sight impaired?

The NSW Police Force have a process that you can follow if someone claiming to be a police officer comes to your home and you are blind or sight impaired. 

You can: 

• ask the officer for their name, rank and registration number
  
• contact the Police Assistance Line (131 444):
  
  • tell the person answering the call that you are blind/vision impaired and need to identify an attending officer
    
  • give the officer's details and their location. The Police Assistance Line will then confirm details of the police officer.  ​
    

Do I have to give police my name and address?

If you are stopped by police, they may ask for your name and address. In some situations, it may be an offence not to provide your details when you are requested.

You must answer when:

• police want to give you a fine or court attendance notice
• police want to give you a direction to leave a place
• police reasonably suspect that you may have information about an indictable offence (a category of serious offence) because you were at or near a place where an indictable offence occurred
• you are driving.
  

There are certain other situations when you must provide police with your name and address. If you are unsure, you should get legal advice.

Police may also ask you for your ID to confirm your details. It is an offence to provide a false name and address to the police. 

When can police search me?

Police can only search you if:

• they have a warrant to search you
• they have reasonable suspicion that you have something illegal in your possession like drugs, stolen goods or items used or intended to be used to commit certain offences
• you are under arrest
• you agree to let police search you
• you are in certain areas at the time of a public disorder or threat of a public disorder
• it is in connection with a public safety order
• police have a Drug Supply Prohibition Order in relation to you

• police have a Dedicated Encrypted Criminal Communication Device Prohibition Order in relation to you.
  

If police did not have a valid reason to search you, any evidence found may be excluded from being used in court.

You shouldn't answer any questions they ask, except for your name and address.

If you don't know whether police had a valid reason to search you, you should get legal advice.

Can the police scan me with a hand-held scanner?

From Monday 9 December 2024, NSW Police have new powers which allow them to stop you and use a hand-held scanner to detect knives and other weapons in specially designated areas. When exercising this power, police do not need a warrant, your permission or to have a reasonable suspicion.

Police have to publish details of designated knife scanning areas on the NSW Police website. Designated areas can last for up to 12 hours. The following places may be declared as designated areas:

• public transport stations like train stations, bus stops and interchanges
• public transport vehicles including trains, buses, light rail and ferries
• shopping centres and shopping strips
• sporting venues and special events.

If you are in a designated knife scanning area and are stopped by a police officer, they can require you to let them use a hand-held metal detector on you. They do this by waving it close to your body and belongings. If the scanner detects metal, you will be required to show the officer what it is then they will scan you again to ensure there are no other knives or weapons on you. If the item you produced is a knife or weapon, it can be seized and you may be fined or issued with a Court Attendance Notice (CAN). If police issue a CAN, you could be arrested.

Refusing to comply with a scan is an offence unless you have a reasonable excuse.

For more information about these powers, see Fact Sheet: NSW Scanning Laws – Knifes and Weapons on the Redfern Legal Centre website.

Can the police carry out a search on my property?

The police can carry out a search if:

• they are investigating a crime and they have been given a search warrant
  
• they reasonably suspect a crime has been or is likely to occur at the house, in which case they don't need a warrant, or
• police have a Drug Supply Prohibition Order
• police have a Dedicated Encrypted Criminal Communication Device Prohibition Order.

Usually, the police will video record a search being carried out.

When the police carry out the search, they may also ask you questions. You shouldn't answer any questions they ask, except for your name and address.

If you are in this situation, you should get urgent legal advice about your rights.

If you are Aboriginal or Torres Strait Islander, you can contact the Aboriginal Legal Service.

If you are under 1​8 you can contact the Youth Hotline. For more information see, Youth Hotline on the My problem is about section of our website.

If you have a cognitive impairment you can contact the Intellectual Disability Rights Service (IDRS). For more information, see the IDRS website.

What is the Drug Supply Prohibition Order Scheme?

From 16 May 2022, if a person has been convicted of some drug-related offences, police can apply to the court for a Drug Supply Prohibition Order (DSPO). This means that if police get this order, they can search you, your home and your vehicles.

Police will not need a warrant to search, only reasonable grounds to suspect there is evidence of a drug-related crime. 

Drug related offences that will allow police to apply for a DSPO are drug supply or drug manufacture of an indictable quantity in the past 10 years.

This scheme will operate in the following areas:

• Bankstown Police Area Command
• Coffs-Clarence Police District
• Hunter Valley Police District
• Orana Mid-Western Police District.
  

What is a dedicated encrypted criminal communication device?

A Dedicated Encrypted Criminal Communication Device (DECCD) is a mobile electronic device that is specifically designed to communicate between persons involved in serious criminal activity, and uses encryption software or hardware configured to avoid law enforcement detection.  From 1 February 2023, possession of a DECCD is an offence. 

Police can apply for DECCD access orders, directing a person to allow police to access a device for the purpose of determining if it is a DECCD. It is an offence not to comply with such a direction.

If Police reasonably believe an individual is likely to use the device to avoid law enforcement detection of criminal activity, the Police may apply to a magistrate for a DECCD Prohibition Order against the person for up to 2 years. Police do not need to notify you of this order. 

Under this type of order, Police do not need a warrant to stop, detain and carry out a search of the individual, their vehicle or enter their premises to determine whether they are possession of such a device.

If you are not sure whether a DECCD Prohibition Order could be made against you, you should get legal advice. 

Police can also apply for a digital evidence access order issued in relation to any search or crime scene warrants. Once the warrant is carried out an officer can issue directions requiring a person provide the officer with any information to open the device or computer for Police inspection, such as by providing passwords or other access codes. It is an offence not to comply with such a direction. 

If police have taken your electronic device and you are not sure if they were allowed to, you should get legal advice.  

When can police take my phone?

Police are allowed to seize (take) your phone (or other property) if they have a warrant. In some cases, police can also seize your phone without a warrant. This includes if police suspect on reasonable grounds that the phone:

• has been stolen or unlawfully obtained
• was used to commit an offence, or
• may provide evidence of an offence.

In some circumstances if you have been arrested by police, they can search you and can seize your phone. 

Police may be able to take your phone in other situations too. The law for when police can take your phone is complex. 

If police have taken your mobile phone and you are not sure if they were allowed to, you should get legal advice about your situation. 

You don't have to unlock your phone or provide police with your PIN or password unless police have a warrant requiring you to provide them with this information.

If police take your phone, they should give you a property receipt. If they don't, ask police for written evidence that they have your phone.

How long can police keep my phone? 

Police can keep your phone (or any other evidence seized) for as long as necessary for their investigation.

Police can keep your phone until either:

• the phone is no longer needed as evidence, or
• the court case connected with your phone has finished.

In some cases, police will only need to keep the phone until evidence is downloaded off the phone, for example, call records, messages or photographs. After this is done and the police no longer require the phone, it should be returned to you.

Sometimes the information that police want to use cannot be downloaded off the phone, and they may keep the phone until the court case is finished (and any time to appeal has passed).

After the court case or when your phone is no longer needed by police, it should be returned to you. 

How do I get my property back from the police if it was seized during a search? 

The NSW Police Force have powers that enable them to seize property as part of their investigation into a crime. The police can keep your property to use as evidence in criminal proceedings until your case is finished. This includes hearings and appeals.

Once your case is finished, the police must return your property to you. They will tell you when your property is no longer needed as evidence and will give you 28 days to collect it. If you don't collect your property within 28 days, the police may be able to sell or dispose of it. 

The police won't return anything to you that: 

• was destroyed during forensic testing
  
• you are not legally allowed to own.
  

To find out how you can get your personal property back, you can speak to the officer-in-charge of the investigation. If you can’t speak to the officer-in-charge, you should speak to the supervising sergeant.  

If the police won't return your property to you, you can:

• make a complaint, or
• apply to the Court for your property to be returned.

Before applying to the Court, you should get legal advice.

If the property you want back is a confiscated knife, dangerous implement or an animal, different rules apply. You should get legal advice.​

What can I do if the police have damaged my property?

If the NSW Police have caused damage to your property you may be able to:

• make a complaint to the Police Commissioner
• bring a civil claim for compensation
• get a lawyer to negotiate a settlement.

If your property has been damaged by the NSW Police, you should get legal advice about what option is best for you in the circumstances. 

Can the police ask me to remove my face covering?

The police can ask you to remove your face covering so that they can see your face to identify you. They may do this in situations where you are asked to provide identification, such as being pulled over for a traffic offence and being asked to show your driver's licence.

A face covering is defined as a helmet, mask or item of clothing which prevents your face from being seen. You do not have to remove your face covering if you have special justification for not removing it, such as a genuine medical reason. Religious grounds are not a special justification for not removing your face covering.

If the police request you to remove your face covering, you can ask to do it in private. The police must try to give you privacy as much as this ​​is reasonably practicable in the circumstances.

If you want to remove your face covering in front of a police officer of a particular gender, you can ask for this although there is no legal obligation for the police to provide it.

If you fail to remove your face covering after being asked by the police and you don't have special justification, you may be fined or charged with a​n offence.

If you are asked to remove your face covering and you believe that the police were not acting fairly, you should get legal advice.​

What are the consequences of pleading guilty or being found guilty of an offence?

Other than receiving a penalty from the Court, being found guilty could have other impacts, including:

• a conviction on your criminal record
• cancellation of your visa
• your ability to travel to other countries
• your employment, future employment or volunteering work
• for some offences, being placed on a register, for example, the Child Protection Register
• on any related civil case
• a restitution order. For some domestic violence offences, if the victim was paid money, Victims Services may recover the money from you. For more information, see Restitution on the My problem is about section of the website.

It can be difficult to identify all the ways that being found guilty of an offence could have an impact on your life. If you have questions about how your criminal charge could impact you, you should get legal advice.

Can a criminal offence mean I lose my taxi driver licence?

Being found guilty of certain offences will disqualify you from being a taxi or hire care driver. This includes assault charges, drink and drug driving charges and even some speeding offences.

If you have been found guilty of a disqualifying offence, you must not drive a taxi or hire vehicle. You can’t appeal against this disqualification to the Commissioner or to the NSW Civil and Administrative Tribunal.

For more information about disqualifying offences, see Disqualifying Offences for Drivers of Taxis or Hire Vehicles on the Point to Point Transport Commissioner website.

Is it an offence to share an intimate image of someone? 

It is against the law to share an intimate, nude or sexual image of someone against their wishes. It is also a crime to threaten to share intimate images of someone. Even if someone agrees to have an intimate image taken, it is still a crime to share the image against their wishes.

An intimate image includes images which have been altered, for example using photoshop, drawn or videos. 

As well as being charged with a crime, someone could be sued for money for sharing/threatening to share an intimate image of someone. 

If you have been charged or you are being sued for sharing an intimate image of someone, you should get legal advice about your situation. 

Is it an offence to record an intimate image of someone?

It is a crime to record someone in a private act against their wishes. This includes someone: 

• naked or partially naked 
  
• undressing 
  
• using the toilet, shower or bath 
  
• in a sexual act, or 
  
• doing anything not ordinarily done in public. 
  

If you have been charged with an offence, you should get legal advice. 

What if my identity has been stolen?

If you believe that someone is using your personal details without your permission, it may be a criminal offence that you can report to the police. It may be helpful to give the police any documentation that supports why you think your identity is being used. For example, if you get a letter from a bank and someone has used your details to take out a loan, you should show this to the police.

If you are concerned about your personal details being used without your permission, you can:

• notify any agencies where your details may have been used, including shops, banks or government agencies
  
• contact Equifax to check or put an alert on your Credit Report - this will help you to identify whether any credit cards or loans are taken out in your name without you knowing
  
• close any financial accounts that have been set up without your permission
  
• change your bank account details or passwords, or speak to the institution to see what is best to do in your circumstances.​
  

There may be other steps you can take, so you should get legal advice about ​your circumstances.

If someone has stolen your identity and this has caused problems with your personal or business affairs you may be able to apply for a certificate from the Local Court. This certificate can help you to show other agencies that an identity offence has been committed against you.

If you apply for certificate you will need to show the Court that:

• an identity offence has been committed and the way in which your identification information was used and
• the certificate may assist with problems the offence has caused in relation your personal or business affairs. 

You can make this type of application regardless of whether the offender has been caught.

There are also individual support services for victims of identity theft. For more information, see the IDCare website. 

  If you want to apply for a certificate, you should get legal advice.

What should I do if my driver's licence has been stolen?

If your licence card has been stolen, you can apply for a replacement card online or in person at a registry or service centre.

You can only order one replacement licence online in a 12-month period. You do not get a new licence number when you get a new licence.

For more information, see Replace a NSW driver licence online on the Service NSW website.

If you believe that somebody may have stolen your identity, you should call Transport for NSW (formerly known as Roads and Maritime Services or RMS) on 13 22 13 so they can place a restriction on your records, so that full proof of identity is required by anyone attempting to do business in your name.

If your driver's licence has been stolen, you can contact IDcare for support.  

If I ride a bicycle do I have to carry ID?

There is no law that a bicycle rider must carry ID.

All bicycle riders are encouraged to carry some form of identification to improve the efficiency of emergency response if they are injured in a crash. 

If you are stopped by police because they believe you may have committed an offence, they may ask for your name and address. In this situation, it may be an offence to not provide your details when you are requested. Police may ask you for your ID to confirm your details. It is an offence to a provide false name and address to the police.

For more information about the obligations of bike riders, see:

• Go Together, and
• A handbook for bicycle riders on the NSW Government website.
  

Is it an offence if my child misses school?

Under the Education Act 1990 (NSW), the police can fine or charge a parent if:

• they fail to enrol a child of compulsory school age in school or register their child for home schooling, or
• a child of compulsory school age does not attend school (called 'truancy'). There are some exceptions to this, including if a child is sick or if there is an accident that prevents them from attending.

The compulsory school age for a child is 6-17 years old, unless the child has completed year 10.

If you have been charged with an offence, you should get legal advice about your situation.

Is it illegal to open someone else's mail?

It is a federal criminal offence to open, interfere, tamper or alter any mail that does not belong to you, including:

• mail-bags
• packages
• parcels
• containers
• letters, or
• other similar items that have been delivered by post.

If you have been charged with an offence or believe someone has tampered with your mail, you should get legal advice.

I have accidentally opened someone else's mail. Is this an offence? 

It is not an offence to open someone else's mail by mistake. However, it may be an offence if you opened it dishonestly or intentionally knowing that you are not allowed to.

If you open mail by mistake and hold on to it, you can be charged with concealment. You may also be charged if you damage or destroy the mail intentionally or recklessly.

If you have someone else's mail or have opened it and are unsure of what to do, you should get legal advice.

What does the prosecution need to prove for a sexual assault charge?

The prosecution will need to prove that:

• you had sex with another person
• that person did not consent, and
• you knew the other person did not consent. 

The law says you know a person didn’t consent if:

• you actually know that they didn’t consent
• you are reckless about whether they consented, or
• you believed the other person consented, but your belief was unreasonable. Before or at the time of the sexual activity you must say or do something to find out whether the other person consents to a sexual activity. If you don’t, any belief that they consented is not reasonable.
  

The law in this area is complex. If you have been charged with sexual assault, you should get legal advice.

What is consent? 

Consent is when a person freely and voluntarily agrees to a sexual activity. It can be communicated using words or actions. A person can withdraw their consent to a sexual activity at any time. If a person does not say or do anything to resist, this is not enough to show there was consent.

When is there no consent?

The law says a person doesn’t consent to sex in some circumstances. This includes if that person:

• doesn’t say or do anything to communicate consent
• doesn’t have the capacity to consent
• is so affected by alcohol or drugs that they can’t consent
  
• is unconscious or asleep
• participated in a sexual activity because of force or fear
• participated in a sexual activity because of coercion, blackmail or intimidation
• participated because they were unlawfully detained (stopped from leaving)
• is overborne by the abuse of a relationship of authority, trust or dependence
• is mistaken about the nature or purpose of the sexual activity, for example, if the activity is for health, hygienic or cosmetic purposes
• is mistaken about the identity of the other person
• is fraudulently coerced (tricked) into participating.

What is coercive control?

Coercive control is an ongoing and repeated pattern of behaviour used to control or dominate another person. It can be behaviour that:

• isolates
• manipulates
• threatens
• hurts (including physically or sexually)
• scares
• humiliates
• harasses
• monitors or stalks.

Coercive control can happen in any type of relationship. It can happen with an intimate partner, including after a relationship ends. It can also happen between family members, people residing together or in a carer relationship.

From 1 July 2024, coercive control towards a current or former intimate partner will be criminalised in NSW. 

For more information, see Coercive control on the My Problem is About section of our website and Coercive control on the NSW Government website.

If you are experiencing coercive control or want to support someone experiencing coercive control, you can contact 1800RESPECT. For more information, see Contacting 1800RESPECT – What to expect on the 1800RESPECT website.

Is coercive control a criminal offence?

From July 2024, coercive control will become a criminal offence in NSW when a person uses abusive behaviours towards a current or former intimate partner with the intention to coerce or control them. The law will only apply to abusive behaviour that happens after the law commences.

For more information, see Coercive control and the law on the NSW Government website and Coercive control on the My Problem is About section of our website.

Is it an offence to display a Nazi symbol or symbols associated with terrorist organisations?

It is an offence to:

• publicly display a Nazi symbol or make a Nazi salute gesture
• publicly display symbols representing terrorist organisations, such as the Islamic State flag
• sell goods depicting terrorist organisation symbols or containing prohibited Nazi symbols.

Law enforcement authorities can issue directions to individuals to remove these symbols from public display.

It is not an offence to display these symbols for:

• religious purposes, for example as in Buddhism Hindu or other faith communities, or
• academic, educational, artistic, literary, scientific, or journalistic purposes.

Engaging in hate speech and sending violent extremist material that depicts or encourages serious violence via a mobile service, or via the internet, is also considered an offence under the law.

Is it an offence to post about a criminal offence that I have committed?

It is an offence to:

• commit a motor vehicle theft or break and enter offence, and
• share images, footage or any material about your involvement in those criminal offences.

This is called a performance crime offence and was introduced by the NSW Government in April 2024.

The penalty for performance crime offences is the maximum penalty for the initial offence of motor vehicle theft or break and enter, and an additional two years’ imprisonment.

What if the Court Attendance Notice has incorrect details?

If you have a Court Attendance Notice and it has incorrect details, it does not mean it is automatically invalid.

At times, mistakes may be made on the notice, for example, an incorrect address listed, an incorrect date of birth, or misspelling of a surname. These errors do not automatically make the Court Attendance Notice invalid.

You should read the notice carefully to check the offence details, as this is what you are charged with and what will be dealt with at court. If you think the offence details are incorrect, for example, the offence is different to what you were told by a police officer, get legal advice about your options.

In some cases, if you raise incorrect details on your notice as an issue at court, the charges may be amended, or a new notice issued.

What is a plea?

A plea is when you formally tell the Court whether you are guilty or not guilty of the offence you have been charged with.

You should get legal advice about your plea before going to court.​​

Should I plead guilty or not guilty?

You should always get legal advice before deciding whether to plead guilty or not guilty. A lawyer can advise you:

• whether there is enough evidence for you to be found guilty
  
• whether you have a legal defence 
• the punishment a court can give for the offence you have been charged with
• any consequences of having a conviction recorded on your criminal record.

You should get legal advice about your plea before you go to court.

What happens if I plead guilty?

You can plead guilty if you agree you committed the offence and have no defence.

You should carefully read the offence details, and any factsheet, to ensure you agree with it before entering a plea of guilty.

If you are not sure whether to plead guilty, get legal advice about your case.

If you enter a guilty plea, the Magistrate will give you the opportunity to make submissions and hand up character references. The Magistrate will take all of this information into account before deciding what sentence (penalty) to give you.

For more information about pleading guilty to driving offences or minor criminal offences, see Pleading guilty on the My problem is about section of our website.

What happens if I plead not guilty?

Usually, a plea of not guilty is used when you:

• dispute the charge(s), for example, you deny committing the offence 
• have a legal defence or
• want to put the prosecution to proof. This means you don’t offer any evidence and make the police try to prove the charge. If they can’t, the court must find you not guilty.

 You should get legal advice about your plea before going to court.

If you attend court and plead not guilty to the offence, the Court will:

• adjourn your matter to another day for a hearing
• make an order that witness statements and other documents (called a brief of evidence) be served on you or your lawyer before they set a hearing date. You might also be required to attend Court before the hearing date to confirm you have received the brief of evidence. 

You will not get a brief of evidence if you are pleading not guilty to offences such as a drink driving offence, or offensive conduct, or for an offence that you applied to take to court, for example, a fine.

At the hearing, you and the Prosecutor will get an opportunity to present your evidence to the Court. The Prosecutor will go first and may have witnesses giving evidence about the case. You will get an opportunity to ask the Prosecutor's witnesses questions. You will also be able to have your own witnesses attend court to give evidence to support your case and the Prosecutor can ask them questions too. Each witness must wait outside the courtroom until it is his or her turn to give evidence.

After all the witnesses have given evidence, the Prosecutor will summarise their case for the Magistrate. You will then be asked to summarise your arguments as to why you are not guilty of the offence.

At the end of the hearing, the Magistrate will decide whether you are guilty or not guilty of the offence. If you are found guilty the Magistrate will give you the opportunity to make submissions about your circumstances and hand up character references before sentencing you.

If you are found not guilty of the charge(s), the matter will be dismissed.

If you have a lawyer represent you and you successfully defend the matter, you may be able to claim costs at court. It is very difficult to claim costs in a criminal matter against police as you will usually have to show that the investigation was started or continued inappropriately or there are exceptional circumstances.

In some circumstances you may be able to apply to the Department of Communities and Justice for compensation if you have been found not guilty. For more information, see Application for costs in criminal cases on the Communities and Justice website.

 If you lose, you may have to pay the costs of the Prosecutor. It is very unusual for police to seek costs if you lose but other prosecutors such as Transport for NSW (TfNSW) may seek costs. There is no set amount of costs you may have to pay. The Court will make an order depending on what is reasonable in the circumstances.

For more information about pleading not guilty to driving offences or minor criminal offences, see Pleading not guilty on the My problem is about section of our website.

Can I change my plea to guilty?

If you have entered a not guilty plea but want to change your plea to guilty, you should get legal advice.

Can I get the case adjourned?

An adjournment is when your case is postponed to another date. Whether you can get an adjournment may depend on:

• where your case is up to, for example, whether it is the first court date (the mention), or a hearing
• the reasons why you need extra time
  
• the impact the adjournment may have on witnesses, or the prosecution.

It is up to the Magistrate as to whether they grant you an adjournment or not.

Usually, you will have more chance of a Magistrate granting an adjournment if it is your first court date and you haven't been able to arrange legal advice or representation.

In all other situations, it is best to get legal advice about asking the Court for more time.

How do I ask for an adjournment?

You can ask the Magistrate verbally for an adjournment when your case is called. Be sure to explain the reasons why you need the adjournment, and to have an idea of how much extra time you need. The Magistrate may ask you questions about why you need the adjournment, for example, what legal assistance you have tried to arrange so far, or how much more time you might need to arrange your references.

Before you decide to ask for an adjournment, you should consider whether it is the best thing to do in the circumstances. If you aren't sure, get legal advice about your situation.

What if I can't attend court?

If you have received a Court Attendance Notice and you can't go to court on the date required, you could:

• arrange for a lawyer to represent you on the day
  
• file a written notice of pleading telling the Court how you are pleading at least seven days before your court date. You can't use this form if you are on bail. You should get legal advice if you want to use it instead of appearing in court to answer serious criminal charges.
• get legal advice about any other options that might be available.

If you (or your lawyer) don't go to court on the date required, or you don't submit a written notice of pleading on time, the Court may decide the matter without you or issue a warrant for your arrest.

For more information on using a written notice of pleading, see What if you can't make it to court? in Going to court on the My problem is about section of our website.

What can I do if I am expecting a Court Attendance Notice but I am travelling interstate or overseas?

If you believe you may not receive your Court Attendance Notice because you are travelling interstate or overseas, you should get legal advice about your situation.

Can I get my case transferred to another court?

Whether you can get your case transferred to another court will depend on:

• if you are pleading guilty to the offence (cases will not be transferred if you are pleading not guilty)
  
• where you want the matter transferred, for example, you can't transfer your case to a court in another State or Territory if you have been charged with a NSW offence
  
• the reason why you want the case transferred, for example, for multiple charges to be heard together, or because the Court is far away from where you live.

Usually, if you are pleading guilty to the offence, you can contact the Court you are required to attend to ask them to transfer the matter to a court closer to where you live. The staff at the court registry may ask you to put your request in writing. If you intend on pleading not guilty to the offence, the Court generally won't transfer your case to another court.

If you want the case transferred mainly because it is too far for you to get to, you should consider whether you are able to use a written notice of pleading instead of attending in person. You just need to ensure you submit the form at least seven days before your court date. You should get legal advice before using a written notice of pleading.

If you don't attend court there may be serious consequences, for example, a warrant could be issued for your arrest, or the Court may convict you and impose a penalty without you being there. ​

Can I use a written notice of pleading?

A written notice of pleading is a form that lets you say whether you are pleading guilty or not guilty in writing rather than going to court in person. You may receive a written notice of pleading form with your Court Attendance Notice. You do not have to fill this out if you decide to attend court in person.

You can't use a written notice of pleading if you are on bail for the offence.

In some cases, a Magistrate may decide that you still need to go to court in person even after you have submitted a written notice of pleading, but this usually happens with more serious criminal charges.

If you use a written notice of pleading, you must say on the form whether you are pleading guilty or not guilty. You should get legal advice about this if you are unsure. If you:

• plead guilty to the offence - you can include certain information on your form, such as an explanation of what happened and your personal and financial circumstances. You can also attach character references, medical reports and other relevant documents. This information is helpful for the Magistrate as it will be used to decide what sentence (penalty) to give you.
• plead not guilty - a hearing will be arranged that you will need to attend in person. You should get legal advice before your hearing date.

You need to submit a written notice of pleading at least seven days before your court date.

If the Court accepts your written notice of pleading and you are convicted of the offence, you may have to pay court costs and a victims support levy, as well as any fine imposed as a penalty.

For more information on using a written notice of pleading, see What if you can't make it to court? in Going to court on the My problem is about section of our website.

When does a written notice of pleading have to be submitted?

You need to submit a written notice of pleading at least seven days before your court date. If you want to submit it later than this you should contact the relevant court and/or get legal advice about whether you should use a written notice of pleading for your matter.

Do I have to attend court if I use a written notice of pleading to plead not guilty?

If you plead not guilty in a written notice of pleading, the Court will set a hearing date. You will be required to attend the hearing in person to present your case.

You can't present your ca​se in writing, or by telephone.

If you don't appear in person at the hearing, the Court may convict you of the charge(s).

Will I get a brief of evidence?

If you plead not guilty to an offence the Prosecutor must serve you with a brief of evidence, except where:

• the Court feels that there is a good reason not to
  
• it can't reasonably be served, for example, if you can't be located, or
  
• the offence is of a certain type (for example, a fine that you chose to take to court, offensive conduct, drink driving, possession of prohibited drugs and drive unlicensed/suspended/disqualified).

A brief of evidence will include any written statements or documents that the prosecution intends to use as evidence against you. A brief of evidence must be served upon you at least 14 days before the hearing (unless another timeframe is ordered by a Magistrate).

If you are charged with a domestic violence offence, the prosecution is required to serve on you or your lawyer a ‘mini-brief’ by the first court date. The mini-brief should include: 

• the alleged facts
• a copy of the complainant’s statement, and
• any relevant photographs.

If you are not sure if you should get a brief of evidence, you should get legal advice.

Do I need a lawyer?

You should get legal advice if you:

• don't know whether to plead guilty or not guilty
  
• are not sure whether you have a defence
• want to know what penalties the Court can give for the offence you have been charged with 
• don't know how to prepare for court.

Whether you arrange legal representation is up to you, however, you should consider it if you are facing serious criminal charges.

You should also consider whether you are eligible for a grant of legal aid.

Can the Duty Solicitor help me?

This depends on what you are going to court for, and whether you are eligible for legal aid according to their policies.

For more information, see Help at court on the Ways to get help section of our website.

Do I have to go to court if I get a lawyer to represent me?

You will need to speak to your lawyer about whether you have to go to court. It may depend on your charge(s), whether you are on bail, what stage of proceedings you are involved in and whether it is in your interest to attend.

In some cases, even if you have a lawyer representing you, your lawyer may think it is best for you to also attend court in person.

Can I get someone else to speak on my behalf?

Only a lawyer can speak on your behalf.

If you want someone else to speak on your behalf, you can ask the Magistrate for permission, but it is very rare that they will allow it.

What if I need an interpreter?

If you need an interpreter on your court date, you can contact the relevant Local Court to request that an interpreter be arranged. You should do this as soon as possible before your court date.

In most cases, the Court will pay the cost of the interpreter for you.

Will my mental illness or disability be taken into account by the court?

If you have a mental illness or disability, you should speak to a lawyer about your case before you go to court. In some cases, you might be able to make an application under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020. This means that you or your lawyer can ask the Magistrate to consider making an order based on your mental illness or disability, including adjourning the matter (coming back on another date), dismissing the matter with or without conditions, or an order for treatment.

If you don't have a lawyer representing you, you should consider applying for Legal Aid. In some cases, you may also be able to speak to the Legal Aid Duty Solicitor at court, but you should try to arrange legal advice before your court date.

The law changed in relation to mental health applications on 27 March 2021. If your case started before this date, the Mental Health (Forensic Provisions) Act 1990 will apply to your case instead.

Can I stop my details from being released or published publicly?

Depending on your circumstances, you may be able to ask the Court to make a:

• suppression order - an order that stops or restricts certain information from being disclosed to the public, and/or
  
• a non-publication order - an order that stops or restricts certain information from being published, for example, your name being published in the newspaper, or broadcast on radio or television.
  

In deciding whether to make one or both orders, the Court will consider whether:

• it is in the interests of security at a State or national level
  
• the order is needed for the safety of a person
  
• the order is necessary to avoid causing undue distress or embarrassment to a party or witness in criminal proceedings involving a sexual offence.
  

The Court also must consider the principle of open justice, the idea that criminal proceedings are open and public.

If you want a suppression order or non-publication order, you should ask the Court to make this order during the course of the proceedings. It may be possible to apply for a suppression order or non-publication order after the proceedings have concluded but you should get legal advice.

If you want a suppression order or non-publication order and you are the defendant in a case, or the victim or a witness, you should get legal advice.

Is the court open to the public?

In most situations, criminal proceedings are open to members of the public and the media. This means that the media can publish information about court proceedings.

In some cases, the public and media may be excluded from court proceedings. This is known as a closed court. There are only limited circumstances when court will be closed, for example:

• where criminal proceedings are against a child
  
• where victims are giving evidence about a sexual or domestic violence offence
  
• for some terrorism offences
  
• where a witness may be under witness protection, or 
  
• where national security is an issue.
  

If the court is closed, or if a suppression order or non-publication order has been made by the Court, the media may not publish information about the court proceedings.

Can I give evidence in court proceedings as a witness?

You will only be able to give evidence as a witness in criminal proceedings if you have been asked to attend court as a witness or if you have been subpoenaed as a witness.

If you have witnessed or have knowledge of a criminal offence, you should get legal advice about providing a statement or giving evidence.

Do I have to give evidence as a witness if I could incriminate myself for an offence?

Under the Evidence Act 1995 (NSW) you have a privilege against self-incrimination. This means you can’t be forced to give evidence on any subject that may reveal that you have committed a crime. You also can't be forced to give evidence on anything that may result in a civil penalty.

A section 128 objection is raised during the time when you are giving evidence in court. When the prosecution asks you a question which you think may lead you to reveal that you have committed a crime or act which may result in a civil penalty you say “I object to answering this question on the basis that my answer may incriminate me”. After you have objected the magistrate or judge will consider your objection. If the court magistrate or judge considers that your objection is reasonable the court they will issue a section 128 certificate.

What is a section 128 certificate?

A section 128 certificate is a document issued by a court that protects you. It means that the prosecution cannot use evidence you have given, after being issued with the certificate, in seperate criminal or civil proceedings against you.

If you think you may have to give evidence that might incriminanate you, you should get legal advice before going to court.

What if​ there is a warrant out for me?

A warrant is a written authority for the arrest of a person. It can be issued for:

• an offence, for example if the police want to charge someone but can't locate them
  
• failing to appear in court
  
• sentencing, for example when a Magistrate wants the person at court so they can impose a penalty
  
• a breach of a bond or suspended sentence
  
• not complying with a court order, for example a witness who has not appeared even though a subpoena was issued.

If you believe there is a warrant for your arrest, you should get urgent legal advice.

If you are Aboriginal or Torres Strait Islander, you can contact the Aboriginal Legal Service.

If you are under 1​8, you can contact the Youth Hotline. 

If you have a cognitive impairment you can contact the Intellectual Disability Rights Service (IDRS). For more information, see the IDRS website.

Can a warrant expire? 

Warrants for arrest expire between 5 and 50 years after they are issued. The time it takes for a warrant to expire depends on how serious the offence is and whether you are a child or an adult.

A warrant issued for your arrest because you did not turn up to court will expire after 30 years.

If a warrant expires, the Court can issue a new warrant.

What is a search warrant?

A search warrant is an order made by a Court that allows police to enter and search your property. The warrant must state:

• the address
• a description of the property, for example, a house
• a list and description of things police will search for
• what offences police believe are connected to those things
• whether the warrant can only be executed by day (between 6am and 9pm) or can be executed either by day or night.

A covert search warrant means that police can execute it without you knowing.

If the search warrant is in relation to an investigation of an allegation of abuse, neglect or exploitation of an adult with a disability or an older adult, a medical practitioner, registered nurse and speech pathologist can accompany an authorised officer when executing a search warrant.

If you are unsure whether the warrant is valid or the search was not lawful, you should get legal advice.

I have been asked to unlock my mobile phone or device in the execution of a search warrant. Do I have to?

Police can apply for a digital evidence access order in relation to a computer or any electronic device for storing information, such as a phone, that may be found, or has been found, in the execution of a search or a crime scene warrant.

If the police have a digital evidence access order, they can direct you to:

• give them any information or help to enable them to access data on the device, for example, your pin number, passwords, biometrics (fingerprints or retina scans), or
• give them any information or help to enable them to:
  • copy the data, or
  • convert the data into another form.

You are entitled to see the order, unless there is a covert search warrant.

If you refuse to comply with the direction or give police false or misleading information, without a reasonable excuse, you could be charged with committing an offence which carries up to 5 years gaol. 

What is a Firearms Prohibition Order? 

A Firearms Prohibition Order (FPO) stops you from:

• obtaining, possessing or using a firearm, and 
• obtaining or possessing a firearm part or ammunition for any firearm.

This means you can’t:

• own or buy a firearm 
• keep a firearm, firearm part or ammunition where you are living
• work or act as an agent for a firearms dealer or participate in the management of a firearms dealer’s business, or 
• without reasonable excuse, attend: 
  • the premises specified in a firearms dealer’s license (such as a firearms store) 
  • a shooting range
  • a firearms club, or 
  • an arms fair.

If an FPO is made against you, any firearms license or permit that you have will be automatically revoked and you must immediately surrender your license and firearms to police. 

It is an offence to supply a firearm to a person if a FPO is made against them.

Breaching an FPO is a serious criminal offence. If you are served with an FPO, you should get legal advice. 

Who can make a Firearms Prohibition Order?

The NSW Police Commissioner can make an order against you if, in the opinion of the Commissioner, you are not fit, in the public interest, to have possession of a firearm. 

The order starts when a police officer personally serves you with a copy of the order. The order continues indefinitely (forever) unless the Commissioner revokes (cancels) the order.

Can I appeal against a Firearms Prohibition Order? 

If you don’t agree with the Firearms Prohibition Order (FPO), you can apply for internal review through NSW Police. Generally, the request must be made within 28 days of being notified of the order.

If you are out of time to challenge an FPO, you can apply to the Commissioner to revoke (cancel) the FPO. 

For more information on internal review, see Right of Review - Firearms on the NSW Police website.

Can I appeal the outcome of an internal review? 

If you are not happy with the outcome of the internal review, you can apply to the NSW Civil and Administrative Tribunal (NCAT). If you are disqualified for another reason from getting a permit or licence, you may not be able to apply for a review.

In most cases, you need to lodge your application to NCAT within 28 days from when you are notified of the internal review decision. 

You should get legal advice before applying for internal review or to NCAT.

If you are out of time to challenge an FPO, you can apply to the Commissioner to revoke (cancel) the FPO. 

For more information on applying to NCAT, see Firearm licences on the NCAT website.

Can police search me if I have a Firearm Prohibition Order? 

If you are subject to a Firearms Prohibition Order (FPO), police can:

• detain you
• enter any place occupied by you or under your control
• stop and detain any vehicle occupied by you or under your control, and 
• search you, the place or vehicle.

Police can do this as reasonably required, to determine whether you have breached the FPO by possessing or obtaining a firearm, firearm part or ammunition. Police don’t need a warrant to detain or search you for this purpose. 

What is a Mandatory Testing Order?

A Mandatory Testing Order is an order requiring you to provide a blood sample if your bodily fluid (blood, faeces, saliva, semen) has come into contact with health and emergency services or law enforcement workers. 

If an order is made, you must provide a blood sample which will be tested for certain blood-borne diseases. 

The order can only be made if:

• you are 14 or older
• the contact was deliberate
• the contact took place when the worker was on duty
• the contact took place without the worker’s consent.

Before applying, the worker must speak with a doctor as soon as possible (within 24 hours or no later than 72 hours) after the contact.

The worker must apply for a Mandatory Testing Order within five days of the incident.

Who can apply for a Mandatory Testing Order?

People can apply for an order if they work for:

• the NSW Police Force
• Corrective Services NSW
• Youth Justice NSW
• Fire and Rescue NSW
• NSW Rural Fire Service
• NSW State Emergency Service
• NSW Ministry of Health
• Office of the Sheriff of NSW
• NSW Ombudsman
• Inspector of Custodial Services (NSW)
• Official Visitors to NSW correctional and juvenile justice facilities
• St John Ambulance Australia (NSW)
• the Law Enforcement Conduct Commission.

The NSW Ombudsman is currently monitoring the operation and administration of the Mandatory Disease Testing Act scheme. If you have concerns about how a government agency carried out the Mandatory Testing Order and want to provide feedback, you can make a submission. For more information see the FAQ, Can I provide feedback about how an agency has carried out a Mandatory Testing Order?

Who can make a Mandatory Testing Order?

Mandatory Testing Orders can be made by:

• senior officers of the worker
• the Local Court
• the Children’s Court.
  

Can I claim my expenses for following a Mandatory Testing Order?

Yes, you can be reimbursed for any costs associated with following the order, including reasonable travel costs and expenses. 

The funding provider of the worker making the application is responsible for paying these costs.

When can a senior officer make a Mandatory Testing Order?

Senior officers can make an order if:

• you are 18 or older
• you don’t have a mental health condition or cognitive impairment that significantly affects your ability to consent, and
• the order is justified in all the circumstances.
  

Senior officers must ask you to agree voluntarily before making the order and they must give you a chance to have a say about the application. 

When deciding whether or not to make the order, the senior officer must consider:

• anything you tell them about why the order shouldn't be made
• guidelines from the Chief Health Officer, and
• other matters that the senior officer considers relevant, including a report made in relation to the incident.

When can a court make a Mandatory Testing Order?

The Local Court can make an order if you are over 18 and have a mental health condition or cognitive impairment that significantly affects your ability to consent.

The Children’s Court can make an order if you are between the ages of 14 and 18.

When deciding whether or not to make an order, the Court must consider:

• your best interests
• your wishes and the wishes of your parent or guardian (if any)
• the submissions of the Chief Health Officer
• anything else the Court considers relevant.

What should I do if a worker's senior officer contacts me and asks me to provide a voluntary blood sample?

This is different to a Mandatory Testing Order and it is voluntary. You don’t have to agree to provide a blood sample.

You should tell the senior officer if you are under 18 or have a mental health condition or cognitive impairment that affects your ability to consent to providing blood. 

You also have a chance to provide a submission to the senior officer before they decide to make the order.

It is an offence to provide false or misleading information to a senior officer.

If you have been contacted and asked to provide a blood sample, you should get legal advice.

What should I do if I am served with a Mandatory Testing Order?

If you receive a Mandatory Testing Order, you must provide a blood sample within two days. The order will tell you where you need to go to provide the sample.

Your blood may be tested for one or more of the following:

• HIV
• Hepatitis B
• Hepatitis C.
  

The results will be provided to your doctor and the workers doctor. If you don’t choose a doctor to receive your results, they will be sent to the Chief Health Officer of the NSW Ministry of Health.

It is a criminal offence if you don’t follow the order. If you are served with a Mandatory Testing Order, you should get legal advice.

Can I appeal against a Mandatory Testing Order made by a senior officer?

Yes, you can apply in writing for a review of the senior officers decision to the Chief Health Officer within one business day of when you were notified of the order.

Your application should include:

• a copy of the Mandatory Testing Order
• a copy of the written notice of determination of the senior officer
• any written submissions you made.

You should send your application to NSWH-MDT@health.nsw.gov.au.

The Chief Health Officer should decide your review within three days of receiving it. 

Even if you ask for a review against the Mandatory Testing Order you must still follow the order and provide a blood sample. The test results won't be released until the review has been decided.

You can't appeal against the decision of the Chief Health Officer.

If you want to appeal against a Mandatory Testing Order, you should get legal advice.

The NSW Ombudsman is currently monitoring the operation and administration of the Mandatory Disease Testing Act scheme. If you have concerns about how a government agency carried out the Mandatory Testing Order and want to provide feedback, you can make a submission. For more information see the FAQ, Can I provide feedback about how an agency has carried out a Mandatory Testing Order?

Can I appeal against a Mandatory Testing Order made by a Court?

No, you can't appeal against a Mandatory Testing Order made by a court.

Can the results of my blood test be used as evidence against me in court?

No, your test results, as well as any information you provide to a senior officer can’t be used against you in court, except for proceedings against you for:

• not complying with a Mandatory Testing Order, or 
• providing false or misleading information to a senior officer.

Can I provide feedback about how an agency has carried out a Mandatory Testing Order?

The NSW Ombudsman is currently reviewing and monitoring the operation and administration of the Mandatory Disease Testing Act (MDT Act). This includes overseeing how agencies and persons are carrying out the Mandatory Disease Testing Order scheme and if they are fulfilling their responsibilities under the law.

The NSW Ombudsman are required to prepare a report on their monitoring efforts, as soon as practicable, within 12 months of the Act’s commencement. The NSW Ombudsman is seeking submissions from individuals who were ordered to be tested, as well as workers, to gather feedback on their experiences, to include in their report. This report will be presented in Parliament.

All submissions will be treated as confidential. The NSW Ombudsman will not disclose any personal or health information in their report. You can provide information anonymously if you prefer.

If you were subject to a Mandatory Testing Order and wish to give feedback, submissions can be made online using the Mandatory Disease Testing submission form. You can also contact them over the phone or send a written submission by email or post it. 

For more information, see Invitation for public submissions on the Mandatory Disease Testing Act 2021 on the NSW Ombudsman website.

In addition to overseeing the MDT Act, the NSW Ombudsman also handles complaints about most NSW government agencies, local councils and community service providers.  If you have any concerns about a Mandatory Testing Order, or complaint about an agency’s administration of Mandatory Testing Orders you should get legal advice.

What is the Suspect Target Management Plan?

The Suspect Target Management Plan (STMP) is a NSW Police policy to try and prevent crime by monitoring people that police believe are likely to commit further offences. If police place a person on the plan, police can:

• monitor and observe suspects in the community
• stop and search suspects
• visit suspects at their home
• check that suspects are following their bail conditions and not associating with people they shouldn’t be,

Is the Suspect Target Management Plan ending?

The Suspect Target Management Plan (STMP) has already ended for young people (under 18 years old) and will end by December 2023 for adults.

The STMP has received heavy criticism for being potentially unlawful, discriminatory, highly intrusive, unjust and oppressive.

NSW Police have stated that a replacement program is being developed.

What can I do if the police are harassing me?

If you feel that the police are harassing you, you should get legal advice about the situation. A lawyer will help you to understand your rights when d​ealing with the police. 

If you want to make a complaint against the police, see the FAQ below 'How do I make a complaint against the police?'.

How do I make a complaint against the police?

If you want to make a complaint against the police, you can:

• make an informal complaint - by talking to the Duty Officer at the relevant police station
  
• make a formal complaint - by lodging a complaint in writing to your local police station or the Customer Assistance Unit.
  

For more information, see How to lodge a complaint on the NSW Police Force website.

For complaints of serious misconduct or serious maladministration or a review of a complaint investigated by the police, see Making a complaint on the LECC website.

What complaints can the Law Enforcement Conduct Commission investigate?

The Law Enforcement Conduct Commission (LECC) generally deals with complaints about serious misconduct or serious maladministration by the police. However, if you have complained to the police and are not satisfied with their investigation, the LECC may review those complaints.

If the LECC reviews the complaint investigation report by the police and is not satisfied, they may:

• request further information or advice about the reasons for a decision
  
• conduct further inquiries in relation to the misconduct matter, and
  
• reconsider the findings made or the remedial action to be taken.
  

For more information about what the LECC does, see Making a complaint on the LECC website.