Australian Law by State and Territory: A Complete Guide

Australian law is split between the Commonwealth and the eight states and territories, and working out which level applies is the first step in almost every question on this site. This hub maps that split and links the jurisdiction-specific pages behind it.

Federal law, state law, and why it matters first

The Commonwealth Parliament legislates for a defined list of subjects. Employment conditions under the Fair Work Act, family law, consumer guarantees under the Australian Consumer Law, corporations, migration and aviation are all federal, so the rule is the same in Perth as in Hobart.

Almost everything else belongs to the states and territories. Residential tenancy, driving and traffic penalties, wills and probate, dividing fences, strata schemes, firearms licensing and working-with-children checks are all state or territory law, and each of the eight has its own Act, its own regulator and often its own forum. On those topics there is no single Australian answer.

Two qualifications are worth knowing early. Western Australia runs its own Family Court and never referred de facto property and financial matters to the Commonwealth, so a de facto financial claim there runs under the Family Court Act 1997 (WA) rather than the federal Act. And a scheme described as uniform may not have stayed that way, which is what happened to defamation.

Law by state and territory

Each cell below links to the page for that jurisdiction. A cell marked n/a means no page exists yet for that combination, with one deliberate exception explained under the table.

The defamation row reads differently from the others. Pages exist for Western Australia, South Australia, Tasmania and the Northern Territory because those four diverged from the national model, not because the other four are uncovered. New South Wales, Victoria, Queensland and the Australian Capital Territory still follow the harmonised scheme and are covered by the national defamation pages.

When uniform law stops being uniform

Australia harmonised defamation in 2005 through model provisions enacted separately in each jurisdiction. Two later reform rounds broke that apart. The 2021 stage introduced a serious harm threshold, a mandatory concerns notice before proceedings, a public interest defence and the removal of the triviality defence. The 2023 stage added digital intermediary provisions.

Western Australia adopted neither. It still runs the original 2005 Act, which means no serious harm threshold, no mandatory concerns notice, no public interest defence and no intermediary safe harbour, and the triviality defence that was repealed elsewhere still exists there. The Northern Territory went the other way and enacted both stages at once in August 2025. Tasmania commenced its 2021 stage in November 2021 rather than the 1 July date most sources report.

The lesson generalises beyond defamation. A national model provision is only as uniform as the last jurisdiction to enact it.

Dates, fees and staying current

Most Australian fees, penalties and statutory thresholds re-index on 1 July with the financial year. Court filing fees, working-with-children check fees, infringement penalties and damages caps all move on that cycle, which means a figure taken from a source written before the most recent 1 July is usually stale rather than wrong. Child support is the notable exception and indexes on 1 January.

Where a figure on this site could not be confirmed against the responsible body for the current financial year, the page says so rather than presenting an unverified number as current.

Browse by topic

• Recording and surveillance When you may record a conversation, and how the listening-device Acts differ between the states.
• Privacy and data The Privacy Act, the Australian Privacy Principles and the notifiable data breaches scheme.
• Employment Unfair dismissal, general protections, redundancy and the eight separate long service leave Acts.
• Renting and tenancy Bonds, rent increases, entry rules, minimum standards and no-grounds eviction reform.
• Driving Demerit points, drink driving, window tint, e-scooters and the per-state thresholds.
• Wills and probate Making a will, intestacy, applying for probate and contesting a will.
• Family law Divorce, parenting orders after the 2024 reforms, property settlement and child support.
• Defamation Serious harm, concerns notices, the defences and where the uniform scheme broke apart.
• Background checks Working with children checks in all eight jurisdictions, police checks and spent convictions.
• Consumer law Consumer guarantees, major versus minor failure, unfair contract terms and where to complain.
• Neighbour disputes Dividing fences, overhanging trees and noise, each with its own Act and forum per state.
• Strata and body corporate Levies, by-laws, common property repairs and pets, plus the terminology that changes by state.
• Weapons Firearms licensing, why self-defence is never a genuine reason, knives and prohibited weapons.
• Everyday law Adverse possession, jury duty, changing your name, drones, dangerous dogs and fireworks.

This page provides general legal information about Australian law, verified 22 July 2026. It is not legal advice about your own situation, and it does not predict how a court or tribunal would decide a particular case. For advice, consult a legal practitioner admitted in the relevant Australian state or territory.