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