Australia has a hierarchical court system made up of federal and state/territory courts. Each level of court handles different types of legal matters, ranging from minor offences and civil claims to serious criminal trials and constitutional disputes.
Understanding which court handles your legal issue is critical, whether you’re dealing with a traffic offence, family law dispute, or serious criminal charge.
These are the lowest courts in each state and territory and deal with:
Summary (minor) criminal offences
Committal hearings for indictable offences
Traffic offences
Small civil disputes
Bail applications
No jury trials are conducted in these courts — all matters are heard by a magistrate.
These are intermediate courts that handle:
Indictable criminal offences (e.g., assault, drug offences, fraud)
Jury trials
Appeals from Local/Magistrates’ Courts
Civil matters involving larger sums of money (varies by state)
The highest state-level courts, responsible for:
The most serious criminal charges (e.g., murder, manslaughter)
Appeals from lower courts
Complex civil litigation
Supervising court procedure and legal interpretation
Usually part of the Supreme Court, Courts of Appeal hear:
Appeals from Supreme, District/County Courts
Sentence and conviction appeals
Civil appeals involving large or complex matters
Federal courts deal with matters governed by Commonwealth law, including:
Family law
Bankruptcy
Taxation
Corporate and industrial law
Migration
Main Federal courts include:
Federal Circuit and Family Court of Australia (Div 1 and 2)
Federal Court of Australia
High Court of Australia
The highest court in the country, it hears:
Constitutional challenges
Appeals from federal and state supreme courts (by special leave)
Landmark legal issues with national significance
Drink driving and drug driving are criminal offences in every state and territory of Australia. These offences are treated seriously due to the high risk they pose to public safety, and can lead to fines, licence disqualification, criminal records, and even imprisonment.
Whether you’ve been stopped at an RBT (random breath test) or charged after an accident, understanding the law is essential — and immediate legal advice can make a difference in the outcome of your case.
Drink driving laws are based on Blood Alcohol Concentration (BAC) levels. In most states, the legal limit is:
0.05 for full licence holders
0.00 for learner, provisional drivers, truck/bus drivers, and some commercial drivers
Low-range PCA (Prescribed Concentration of Alcohol): 0.05 to 0.079
Mid-range PCA: 0.08 to 0.149
High-range PCA: 0.150 and above
Refusing a breath analysis
Driving under the influence (DUI) – based on observed impairment regardless of BAC
Australian police use roadside drug testing (saliva swabs) to detect substances such as:
Cannabis (THC)
Methamphetamine (ice)
MDMA (ecstasy)
Cocaine
Driving with an illicit drug present in saliva/blood
Driving under the influence (DUI) of drugs (based on observed impairment)
Refusing or failing a roadside drug test
Drug presence offences are strict liability — even trace amounts can lead to charges, regardless of actual impairment.
Penalties vary by BAC level, drug presence, prior offences, and state laws, but commonly include:
Licence disqualification (mandatory minimums apply)
Heavy fines
Criminal conviction
Alcohol interlock programs
Community service or good behaviour bonds
Imprisonment (for repeat or high-range offences)
Police Charge & Licence Suspension
Police may issue an immediate notice of suspension.
Court Attendance Notice (CAN)
You’ll be required to attend court on a set date.
Plea of Guilty or Not Guilty
If guilty, the matter proceeds to sentencing.
If not guilty, a hearing will be set.
Sentencing
Court considers BAC level, driving record, need for licence, remorse, and participation in traffic offender programs.
Interlock Orders
In some cases, you must fit an alcohol interlock device to your car for a fixed period after disqualification.
While many cases rely on strict readings or test results, legal defences may include:
Unlawful stop or search
Improper or expired testing equipment
Incorrect procedure by police
No valid BAC reading within the legal timeframe
Medical conditions affecting test results
An experienced lawyer can review your case and determine if a defence or reduction in penalty is possible.
Governed by the Road Transport Act 2013
All offences carry automatic and minimum disqualifications
First-time low-range PCA can be dealt with by penalty notice or in court
Governed by the Road Safety Act 1986
Mandatory alcohol interlock for drink driving convictions
Learner and probationary drivers must maintain 0.00 BAC
Governed by the Transport Operations (Road Use Management) Act 1995
Licence suspension and disqualification periods apply immediately after charge
Governed by the Road Traffic Act 1974
Penalties escalate significantly for repeat offenders
Governed by the Motor Vehicles Act 1959
Alcohol Interlock Scheme applies to most offences
Governed by the Road Transport (Alcohol and Drugs) Act 1977
Offenders must attend Alcohol and Drug Awareness courses
While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a licensed criminal lawyer.
