Criminal
State codes and common law plus a Commonwealth Criminal Code
Predominantly state and territory criminal law, split between code jurisdictions and common-law jurisdictions, with a separate Commonwealth Criminal Code for federal offences. There is no single national criminal law.
Key rules
- Jurisdiction — Queensland, Western Australia, Tasmania and the Northern Territory are code jurisdictions; New South Wales, Victoria and South Australia retain common-law offences alongside statute.
Governing law
- Criminal Code Act 1995Cth
- Crimes Act 1900 (NSW) and Criminal Code 1899Qld
- Evidence Act 1995Cth
In practice
Which criminal law applies depends on the state, and the differences are substantive rather than cosmetic — the availability and formulation of defences such as provocation and self-defence vary, as do sentencing regimes and the age of criminal responsibility. Commonwealth offences (terrorism, drug importation, fraud against the Commonwealth, cybercrime) are prosecuted by the Commonwealth Director of Public Prosecutions in state courts exercising federal jurisdiction. Trial by jury is constitutionally guaranteed for indictable Commonwealth offences by s. 80 of the Constitution, but not for state offences, where statute governs.