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KnowYourRightsHub
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Police Power Navigator

Australian police powers are defined by State Parliaments. Select your location to see what officers can and cannot do.

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Police Stop and Search Rights in Australia

In Australia, police powers are not uniform. While there are similarities—such as the requirement for reasonable suspicion—the specific Acts that grant these powers differ by territory.

New South Wales: LEPRA 2002

The Law Enforcement (Powers and Responsibilities) Act 2002 is the bible for NSW police. Under Section 21, an officer can search you if they suspect on reasonable grounds that you have something stolen, illegal, or intended for use in an offence.

Victoria: Control of Weapons Act

Victoria has unique "Designated Areas" where police can search you for a weapon without needing reasonable suspicion. These are often declared in public transport hubs or the CBD.

Common Questions

Can police search my phone in Australia?

Generally, no. Police require a warrant to search your digital data unless you are under arrest and the phone is evidence of the crime you were arrested for. Even then, they cannot usually force you to provide a passcode without a specific 'data access order'.

Do I have to give my name if I'm not driving?

In most states (like NSW), you only have to give your name if the officer reasonably suspects you've committed an offence or if you are on public transport. If you are just walking on the street, you are generally not required to identify yourself unless an offence is suspected.