Generally, you do not have to answer questions, sign a statement or take part in a video interview unless you choose to but there are some situations when you do have to answer police questions.

What happens if I answer police questions?

If you do answer police questions, anything you do say can be used as evidence in court. A written or video record of the interview is usually made and you or your lawyer can get a copy of the record later so it is clear what you said to the police.

If the police create a written record of interview they may give it to you for checking and may ask you to sign it. You do not have to sign it but if you do you should read it very carefully first and correct any mistakes. Whether you sign it or not it can still be used as evidence against you in court.

Should I provide a written statement to the police?

Any statement you provide to police can be used as evidence against you in court. If you are considering giving the police a written statement explaining your version of events, you should get legal advice first.

When do I have to answer police questions?

In the following situations, you must answer police questions or provide them with the information they require.

Name, address and date of birth

You must provide your name, address and date of birth to the police when you are requested to do so. If you fail to comply with this request, you are committing an offence.

Road traffic matters

If the police pull you over when you are driving, you must:

• stop the vehicle, give your name and address and the name and address of the owner of the vehicle;
• show your driver's licence or, if you don't have it on you, take it to a police station within 48 hours;
• take a breath test, provide a sample of oral fluid or participate in a driver assessment if they ask you to.

If the driver is unknown, the police can require anyone in the vehicle to undergo a breath test or driver assessment.

If you own or are driving a vehicle, you must give the police any information you have about the identification of a driver who has committed a traffic offence.

If you have been involved in a traffic accident and someone has been injured or property has been damaged that will cost over $3000 to repair, you must report the accident to the police.

Drug matters

The police may ask you to give information about the manufacture, sale or supply of prohibited drugs and plants. Failure to co-operate may be an offence.

Customs matters

A customs officer can ask you provide information about the import or export of goods. It may be an offence if you don't give them this information when they ask you to.

Matters related to liquor licensing

Police officers and hotel staff have the right to ask any person who is on premises where alcohol is served, for proof of age. It is an offence if you do not give this information when you are asked to.

Prostitution matters

When the police are investigating a prostitution offence involving a child or investigating an offence of inducing someone to act as a prostitute, they can require you to answer any question and provide any information they might need. They can also require you to give them any document or other thing in your possession or under your control.

What happens if I refuse to answer police questions?

If you refuse to answer police questions or refuse to provide information when you are required to do so, you are committing an offence and may be charged.

What happens if the information I provide is not correct?

It is an offence to give information to police that you know is incorrect or misleading.

Where can I get more information about the powers of police and others?

Click on the following headings for information about:

Police powers to arrest, search and detain you