KNOW YOUR RIGHTS NSW — DISCLAIMER

General educational information

Know Your Rights NSW is developed and operated by Know Your Rights Pty Ltd, a private company.

The application and its associated NSW website content provide general educational information about individuals’ rights, police powers, offences, penalties and related legal matters in New South Wales, Australia.

The information is intended to assist users to better understand general legal concepts and publicly available information. It is not intended to provide a complete statement of the law or advice about what any particular person should do in any particular situation.

Independent of government

Know Your Rights Pty Ltd and Know Your Rights NSW are not affiliated with, endorsed by, authorised by, sponsored by or acting on behalf of the NSW Government, NSW Police Force, any court, Legal Aid NSW or any other government, law enforcement or public authority.

Any references or links to legislation, government agencies, policies, procedures, services or other official materials are provided to identify information sources and for user convenience. Their inclusion does not imply endorsement, approval or verification of Know Your Rights Pty Ltd, the application, website or their content by any government agency or other organisation.

Not legal advice

The information provided through the application and associated NSW website content is general information only.

It does not constitute legal advice and is not a substitute for obtaining advice from a qualified legal practitioner who can consider the facts and circumstances of a particular matter.

Using the application, answering Check Your Situation questions, reading its content, using any interactive feature, submitting information through the application or contacting Know Your Rights Pty Ltd does not create a solicitor–client, lawyer–client, fiduciary, advisory or other professional relationship.

The application cannot take account of every fact, circumstance, exception, procedural requirement, evidentiary issue, court decision or other matter that may affect an individual’s legal position.

Nothing in the application or associated NSW website determines whether conduct by police, a user or any other person was lawful or unlawful in a particular incident.

Check Your Situation and other interactive content

Check Your Situation uses selected answers provided by a user to display potentially relevant general information.

It does not undertake a comprehensive legal assessment and does not assess all facts, evidence, circumstances, exceptions, defences, procedural requirements or legal issues that may be relevant.

Check Your Situation does not:

• determine whether a police power exists or has been lawfully exercised;
  
• determine whether police conduct was lawful or unlawful;
  
• determine whether an offence has been committed;
  
• determine a person’s rights, liability, guilt or innocence;
  
• provide personalised legal advice; or
  
• predict the outcome of a complaint, investigation, prosecution, court proceeding or other legal matter.
  

The same limitations apply to Can Police...?, FAQs, Traffic Matters, Drug Matters, Domestic Violence information, Essential Rights, search results, scenarios, summaries and other content within the application or associated NSW website.

A different answer, fact or circumstance may materially change the legal position.

Police interactions and immediate situations

Information in this application should not be interpreted as an instruction or recommendation to resist, obstruct, hinder or physically interfere with police, or to refuse to comply with a lawful requirement, direction, arrest, search or other exercise of power.

Whether a police officer is authorised to exercise a particular power may depend on facts and circumstances that cannot be assessed by this application.

If you are involved in an active police interaction, investigation, arrest, charge or other legal matter, you should obtain appropriate legal advice as soon as reasonably practicable.

Nothing in this application guarantees that relying on information displayed in the app during an interaction with police will prevent arrest, charge, prosecution, loss, damage or another adverse consequence.

Accuracy, completeness and changes in the law

Content is prepared using publicly available legislation, regulations, court decisions, government information, police policies and procedures and other information sources considered relevant at the time of preparation or review.

However:

• laws and regulations may be amended, repealed, replaced or commence on different dates;
  
• court decisions may affect the interpretation or application of legislation;
  
• police policies, procedures and operational practices may change;
  
• penalties, fines, fees, penalty units, demerit points and other consequences may change;
  
• official information may be corrected or updated;
  
• legal rules may operate differently depending on an individual’s circumstances; and
  
• there may be delays between a legal or policy change occurring and corresponding information being reviewed or updated within the application or website.
  

Content may therefore contain errors, omissions, simplifications or information that is no longer current.

Although reasonable care is taken in preparing and reviewing content, Know Your Rights Pty Ltd does not guarantee that any information is accurate, complete, current, error free or suitable for any particular person, purpose or circumstances.

Any displayed “last reviewed”, “updated”, “current from”, commencement or similar date identifies the relevant review date or stated legal period only. It does not represent or guarantee that no subsequent change has occurred.

Plain English summaries and authoritative sources

The application necessarily summarises and simplifies legislation, cases, policies and other legal material.

A plain English summary cannot reproduce every qualification, exception, definition or legal issue contained in the underlying source.

If there is any inconsistency between information in the application or associated NSW website and applicable legislation, regulations, court decisions or other authoritative legal materials, the applicable authoritative material prevails.

Users should consult current official sources and obtain legal advice where appropriate.

Official sources include:

• NSW Legislation — https://legislation.nsw.gov.au/
  
• NSW Police Force — https://www.police.nsw.gov.au/
  
• Parliament of NSW — https://www.parliament.nsw.gov.au/
  
• NSW Courts and Tribunals — https://courts.nsw.gov.au/
  

The inclusion of a link to an official source does not guarantee that the application’s summary reflects the latest version of that source.

Fines, penalties, demerit points and other consequences

Any fine, penalty, penalty unit, licence consequence, suspension or disqualification period, imprisonment term, demerit point consequence or other legal consequence displayed in the application or associated NSW website is provided as general information only.

The consequence applying to a particular person may differ depending on matters including:

• the specific offence;
  
• the date of the alleged conduct;
  
• the applicable version of the legislation;
  
• the circumstances of the offence;
  
• whether the matter is dealt with administratively or by a court;
  
• prior offences or driving history;
  
• court orders;
  
• statutory discretion; and
  
• other applicable laws.
  

Penalty amounts, demerit points and other consequences may change after content is published or reviewed.

Users should verify current amounts and consequences against official sources before relying on them for a legal, financial, licensing or procedural decision.

No guarantee of outcome

Know Your Rights Pty Ltd does not guarantee any particular legal, procedural or practical outcome from using the application, Check Your Situation, the associated NSW website or any other information supplied by us.

Past decisions, examples, scenarios or descriptions of police powers do not guarantee that the same result will apply in another matter.

User responsibility and reliance

Users are responsible for determining whether information provided through the application or associated NSW website is appropriate to their own circumstances.

Users should not rely solely on the application when making decisions concerning legal rights, obligations, police interactions, court proceedings, deadlines, charges, penalties, licences or other matters that may have significant consequences.

Where a matter may affect a person’s legal rights or obligations, independent advice from a qualified legal practitioner should be obtained.

External websites, organisations and services

The application and associated NSW website may contain links, references or contact details for third party websites, organisations and services.

Know Your Rights Pty Ltd does not control third party content or services and does not guarantee their accuracy, completeness, currency, security, availability, quality or suitability.

A link or reference does not constitute endorsement of a third party unless expressly stated otherwise.

Know Your Rights Pty Ltd is not responsible for content, services, acts or omissions of third parties accessed through or referred to by the application or associated website.

Emergencies and urgent assistance

Know Your Rights NSW, Know Your Rights Pty Ltd, its associated NSW website and any support or contact email are not emergency services and are not monitored for urgent legal or emergency assistance.

If there is an emergency or immediate danger, call Triple Zero (000).

If urgent legal assistance is required, users should contact an appropriate legal service or qualified legal practitioner.

Availability and technical operation

Know Your Rights Pty Ltd does not guarantee that the application, website, Check Your Situation, any feature, external link, database or online service will be available continuously or operate without interruption, delay, technical error, loss of data or other malfunction.

The application, website or individual features may be modified, suspended, withdrawn or unavailable from time to time.

Users should not rely on continuous access to the application where information may be required urgently.

Liability and consumer rights

Nothing in this disclaimer is intended to exclude, restrict or modify any right, guarantee, condition, warranty, remedy or liability that cannot lawfully be excluded, restricted or modified, including any rights or guarantees arising under the Australian Consumer Law.

Subject to those rights and to the maximum extent permitted by law, Know Your Rights Pty Ltd and its directors, officers, employees, contractors, agents and developers:

• make no representation or warranty, express or implied, that the application, associated NSW website or their content is accurate, complete, reliable, current, error free, suitable or fit for any particular purpose or circumstances; and
  
• exclude liability for any loss, damage, liability, claim, cost or expense arising out of or in connection with the application, website, their content or their use.
  

This includes, to the extent permitted by law, loss or damage arising from or connected with:

• use of, or reliance on, information contained in the application or associated NSW website;
  
• acting or refraining from acting because of information contained in them;
  
• errors, inaccuracies, omissions or outdated information;
  
• misunderstanding or misinterpretation of information;
  
• applying general information to circumstances for which it was not intended;
  
• information generated or displayed through Check Your Situation or another interactive feature;
  
• an interruption, delay, technical malfunction or inability to access the application or website;
  
• reliance on a third party website, service or information source referred to by the application or website; or
  
• any difference between an app or website summary and the law or information ultimately applicable to a particular matter.
  

To the maximum extent permitted by law, this exclusion applies to direct, indirect, incidental, special and consequential loss or damage, including financial loss, loss of opportunity and costs incurred in connection with a legal or other proceeding.

Nothing in this disclaimer removes or limits a right or remedy that applicable law does not permit to be removed or limited.

Acknowledgement

By accessing or using Know Your Rights NSW or its associated NSW website content, users acknowledge that:

• the application and website provide general educational information only;
  
• they do not provide legal advice;
  
• interactive tools provide general information based on limited inputs only;
  
• information may not reflect every circumstance or the most recent legal position;
  
• users remain responsible for obtaining appropriate professional advice where required; and
  
• use of the application and website is subject to the limitations described in this disclaimer.
  

This acknowledgement does not exclude or restrict any right that cannot lawfully be excluded or restricted.

Contact

Know Your Rights Pty Ltd
nsw@knowyourrightsqld.com.au

Replies may come from info@knowyourrightsqld.com.au.