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. Most employment conditions under the Fair Work Act, family law, consumer guarantees under the Australian Consumer Law, corporations, migration and aviation are federal, so on those topics the rule is generally the same in Perth as in Hobart.

Employment has two exceptions worth knowing. In Western Australia, private employers that are sole traders, unincorporated partnerships or trusts, and some not-for-profits are in the state industrial relations system rather than the national Fair Work system. And long service leave is mainly governed by state and territory Acts, as the table below shows.

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.

AVOs and protection orders What every state calls its protection order, breach penalties, firearms consequences and interstate recognition.

Workers compensation Every state scheme by name, claim deadlines, weekly payments, impairment thresholds and the common-law pathway (or its absence).

Unclaimed money Who holds it in each state, how long before it transfers, how to search and claim for free, and the one territory that charges a fee.

Medical records access My Health Record, the Privacy Act right to your own file, and each state's public-hospital rules, deadlines and fees.

Disability Support Pension Eligibility under section 94, current rates and the income and assets tests, how to claim, appeals through the ART, and working or travelling while on DSP.

Birth, death and marriage certificates Every state and territory registry, current certificate fees, who can apply, proof of identity, and how births and deaths are registered.

Motor accident compensation Every CTP scheme by name, whether it is no-fault or fault-based, claim time limits, statutory benefits and the gate to common-law damages.

Public liability claims Injuries in public places and on private property outside work and the road: who you sue, occupiers' liability by state, obvious-risk defences, council roads protection, and damages thresholds and caps.

Bankruptcy and debt agreements How bankruptcy works and how long it lasts, what you keep, the consequences, debt agreements and personal insolvency agreements, and the alternatives.

Court records How to find judgments, court lists and case files in every state and territory, which records are closed by default, non-party access rules and search fees.

Fines and infringement notices Who handles fines in each state and territory, how to request a review or go to court, payment plans and hardship schemes, and what happens if a fine goes unpaid.

Legal aid Free legal help in every state and territory: helplines and duty lawyers, how each commission's means and merit tests work, contributions, and how to challenge a refusal.

Criminal law: bail and coercive control How bail works in each state and territory (tests, presumptions, conditions, breach) and where coercive control is a crime, with commencement dates.

Police reports How to report a crime or crash in each state and territory, how to get a copy of a police or crash report and what it costs, crash-reporting duties and false-report offences.

Property records and land title searches How to search the Torrens register in every state and territory, what a title search shows, fees, caveats, owner-name search limits and the status of certificates of title.

Freedom of information How to request government records under all nine regimes: Commonwealth FOI, NSW GIPA, Queensland and Tasmanian RTI and the rest, with fees, deadlines and review rights.

Wrongful death claims Who can claim after a fatal accident in each state, the dependency and survival claims, solatium, time limits and how CTP and workers compensation death benefits fit in.

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.

Scams What to do in the first hour, where to report, getting money back through your bank and AFCA, and investment, money mule and sextortion scams.

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.

Free Australian legal tools

Australia redundancy pay calculator: estimates the National Employment Standards redundancy pay minimum from years of service and weekly pay, including the small business exclusion.

Australia notice period calculator: estimates the minimum notice period, and pay in lieu, under the National Employment Standards from length of service and age.

Australia unfair dismissal checker: checks the eligibility gates to apply to the Fair Work Commission for unfair dismissal and counts down the 21-day lodgment deadline.

Australia long service leave calculator: estimates long service leave accrued under each of the eight state and territory Acts from years of service and weekly pay.

Australia probate fee calculator: estimates the Supreme Court probate filing fee for an estate value in any of the eight states and territories.

Australia demerit points lookup: shows how close a point total is to the licence suspension threshold for a chosen state or territory and licence class.

Australia recording consent checker: answers, per state or territory, whether recording a conversation or video in a given situation is likely lawful.

Australia child support calculator: estimates child support using the published eight-step formula and the 2026 figures, showing each step.

Australia annual leave calculator: estimates annual leave accrued under the National Employment Standards, its value, and the payout on termination.

Australia casual conversion checker: works out from when an eligible casual employee appears able to give an employee choice notification and the employer's response deadline.

Australia enduring power of attorney checker: checklists each state and territory's witnessing, acceptance and registration requirements for an enduring power of attorney.

Frequently Asked Questions

Is Australian law the same in every state?

No, and the split is the single most important thing to establish before relying on anything. The Commonwealth Parliament legislates for most employment law, family law, consumer guarantees, corporations, migration and aviation, so those rules are largely national. There are exceptions: some private employers in Western Australia are in the state industrial relations system, and long service leave is mainly governed by state and territory Acts. The states and territories legislate for tenancy, driving, wills and probate, fencing, strata, firearms, working-with-children checks and most everyday regulation, so those rules differ by jurisdiction. On a state topic, asking what the law is in Australia has no single answer.

Which Australian jurisdictions are there?

Six states, New South Wales, Victoria, Queensland, Western Australia, South Australia and Tasmania, and two territories, the Australian Capital Territory and the Northern Territory. Western Australia also runs its own Family Court, and it did not refer de facto property and financial matters to the Commonwealth, so de facto financial claims there run under the Family Court Act 1997 (WA) rather than the federal Family Law Act.

Why do some rows in the state table have gaps?

Because a gap means different things depending on the row. In most rows a gap means we have not yet published a page for that jurisdiction. In the defamation row it means the opposite: pages exist for Western Australia, South Australia, Tasmania and the Northern Territory precisely because those jurisdictions diverged from the national model, while New South Wales, Victoria, Queensland and the Australian Capital Territory still follow it and are covered by the national defamation pages instead.

When do Australian fees and penalties change?

Most re-index on 1 July, at the start of the financial year, including court filing fees, working-with-children check fees, infringement penalties and many statutory thresholds. Child support amounts are the notable exception and index on 1 January. A figure sourced from before the most recent 1 July should be treated as stale until confirmed against the responsible body.

Does this site give legal advice?

No. These pages explain what Australian legislation says and where it differs between jurisdictions. They do not apply the law to any individual situation and do 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.