|
The Gunjies Want My ID
You don't have to give it to them unless you are:
-
driving a car
- under
18 and drinking in a public space
- on
public transport
- suspected
of being involved in or having witnessed a serious crime
- if
you have unpaid fines and the Gunjies or a sheriff serves a court
order on you about those fines
Telling the Gunjies a false name
is not a good idea as it can work against you later.
The Gunjies Want To Question
Me
Get legal advice BEFORE you answer
any questions.
-
You do not have to answer any of the Gunjies questions (except
to give your ID in the situations described above). But it is
good idea to give your name, address and age.
-
If you are under 16 a parent or guardian should be with you while
you are questioned or they can give permission for someone else
to be there with you.
-
If you are 16 or 17 an independent adult, chosen by, must be with
you while you are questioned. The independent adult must be someone
you trust. If you don't trust them ask for someone else. They
cannot be a Gunjie. They could be a youth worker, family member,
lawyer or a friend who is over 18.
The Gunjies can stop, search and detain you if they have a search
warrant (which they must show you) OR they believe you have:
-
stolen or illegally obtained items
- things
they believe could be used illegally e.g. tools for breaking and
entering
- weapons
or knives
- drugs.
In these situations Gunjies are
allowed by law to:
- pat
you down
- look
in your bags and pockets
- search
your car.
If
you refuse to be searched you can be arrested. They can use force
to search you.
Gunjies must:
- tell
you why you are being searched
- warn
you that if you refuse to be searched you are committing an offence
- show
their ID if they're not in uniform
- give
you their name and badge number when you ask.
If these things don't happen the search is illegal and you can make
a complaint.
The Gunjies have arrested
me
Good advice
-
Do not resist arrest.
- Ask
what the charge is.
- Don't
use offensive language.
- Only
give your name, age and address.
- Ask
them to call your parents or an adult you trust.
If you are arrested the Gunjies
MUST:
- tell
you that you are under arrest and why you are under arrest
- tell
the Aboriginal Legal Service that you are under arrest and held
in lock up
- allow
you to contact a relative, friend or lawyer and ask them to be
with you
DO NOT sign anything until you've
spoken with a lawyer
REMEMBER: You do not have to go
the station with the Gunjies unless you have been arrested or you
agree.
If you need legal advice call:
Wirringa
Baiya Aboriginal Women's Legal Centre
1800
686 587
(02) 9569 3847
Legal Aid Hotline for under 18's
1800
101 810
Aboriginal
Legal Service
02
9318 2122
Disclaimer:
The information contained on this Fact Sheet is only meant as a
guide and cannot replace legal advice. If you have a legal problem
you should speak to a lawyer for some legal advice. Wirringa Baiya
Aboriginal Women's Legal Centre excludes liability for any loss
suffered by any person which results from the use or reliance upon
the information contained on this Fact Sheet. |
