News · Criminal law explainer
Do I have to give police my name and address in NSW?
One of the most common questions people have when stopped by police is whether they have to say who they are. In New South Wales the answer depends on why police are asking. The rules are in the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), known as LEPRA. This note explains when you must give your details, when you do not, and what happens if you refuse or lie.
By Aaron Kernaghan · Published 3 September 2026
Not always. In NSW you only have to give police your name and address when an officer has a specific lawful reason to ask, such as when they reasonably suspect you were involved in an offence or were near a serious incident. When police do have that reason, refusing or giving false details is itself an offence. You never have to answer other questions about an allegation.
When do you have to give your details?
Police can require your name and address only where a law gives them the power to ask in the circumstances. The most common situation is where an officer reasonably suspects you have committed or are about to commit an offence, or that you may be able to help with the investigation of a serious indictable offence. Police can also require details when issuing a direction or a penalty notice, and drivers must produce a licence when asked.
If an officer asks for your details, it is reasonable to ask what the reason is. Under LEPRA, when police exercise a power like this they must tell you their name and station and the reason for the request. If there is no lawful reason, you are generally not required to answer.
When do you not have to answer?
If police are simply making conversation, or asking without a lawful basis, you are not obliged to give your details. Being present at a place, or declining to chat, is not by itself a reason that compels you to identify yourself.
Even where you must give your name and address, that is usually all you must provide. You do not have to answer questions about where you have been, what you were doing, or any allegation against you.
What is the penalty for refusing or lying?
Where police have a lawful power to require your details, refusing to give them, or giving a false name or address, is an offence carrying a fine. If police have that power, the safer course is to give your correct name and address and to say nothing further about any allegation.
Giving false details can also make a minor situation worse and can support a further charge. Honesty about identity, silence about the allegation, is the usual balance.
What about the right to silence?
Giving your name and address is separate from the right to silence. You can provide your identifying details and still decline to answer any questions about an offence. Exercising the right to silence is not evidence of guilt.
If police want to question you about an allegation, that is when to say you wish to speak to a lawyer and do not want to answer questions. Our note on the recorded police interview explains why what you say matters so much.
What should you do if you are unsure?
If you are not sure whether police have a lawful reason, you can ask the officer to tell you why they want your details. Their answer will usually make the position clear. If they have a reason, give your correct name and address.
For anything beyond identity, the wise course is to stay calm, be polite, and say you would like legal advice before answering questions. Our note on arrest powers and your rights explains what happens if the situation goes further.
Frequently asked.
Do I have to tell police my name in NSW?
Only when an officer has a lawful reason to ask, such as reasonably suspecting you were involved in an offence or can help with a serious matter. If there is no lawful reason, you generally do not have to answer.
Can I ask police why they want my details?
Yes. When police exercise a power to require your details they must tell you their name and station and the reason for the request. It is reasonable to ask.
What happens if I refuse to give my details?
Where police have a lawful power to require them, refusing to give your name and address, or giving false details, is an offence carrying a fine.
Do I have to answer other police questions?
No. Beyond your name and address where required, you have the right to silence and do not have to answer questions about an allegation. Silence is not evidence of guilt.
Do I have to give my details if I am just walking down the street?
Not unless police have a lawful reason to ask. Simply being present or declining to talk is not, by itself, a basis that compels you to identify yourself.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
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