Do You Have To Answer Police Questions in Queensland?
Police Powers — 2026-04-01 — by Sacha Sarah Smith, Civic Law
Do you have to answer police questions in Queensland? Your rights during questioning and when you can refuse to answer.
When police approach you, ask you in for a chat, or contact you about an alleged offence, one question tends to follow: do you actually have to answer police questions in Queensland?
In most circumstances, no. But knowing why that right exists — and where it stops — matters more than the short answer.
A Right That Predates Any Statute
The right to silence is a common law right, recognised across every Australian jurisdiction. The prosecution must prove guilt beyond reasonable doubt. You are not required to help it do that.
In Queensland, section 397 of the Police Powers and Responsibilities Act 2000 (Qld) (the PPRA) expressly preserves this right. Nothing in the relevant chapter of the PPRA affects your right to refuse to answer questions — unless another law specifically requires you to. That carve-out matters, and it is discussed below.
The Police Caution: More Than a Formality
and Bold
Before questioning you about an indictable offence, section 431 of the PPRA requires police to give a caution. The current Queensland police caution is:
"Before I ask you any questions I must tell you that you have the right to remain silent. This means you do not have to say anything, answer any question or make any statement unless you wish to do so. However, if you do say something or make a statement, it may later be used as evidence. Do you understand?"
Most people have heard a version of this on television. That familiarity tends to work against them. The caution is delivered quickly, in a pressured environment, and registers as procedural noise rather than a genuine statement of rights.
Every word is legally significant however. When police read you that caution, they are telling you — backed by statute — that you do not have to speak. Make that decision deliberately, not reflexively.
Your Name and Address: A Real but Narrow Obligation
Under sections 40 and 41 of the PPRA, police can require you to state your correct name and address — most commonly where an officer finds you committing an offence, or reasonably suspects you have. Refusing without a reasonable excuse is itself an offence.
That obligation is real. Ignoring it creates a separate legal problem. What it does not do is require you to answer questions about what happened, what you were doing, or who else was involved. The power is narrow. It is not a gateway to a duty to explain yourself.