Your appeal / Australia
Appeals in Australia
Each state has its own time limit, some as short as 21 days, and most now allow a second appeal on fresh and compelling evidence.
Your time limit depends on your state
Commonwealth offences follow the procedure of the state or territory where they are tried. Check your state. These limits come from the legislation we could open:
- Western Australia: 21 days, running from sentencing if that is later.
- Victoria: 28 days after sentence. The court can extend this at any time.
- Northern Territory: 28 days. The court can extend this.
- Queensland: one calendar month. The court can extend this at any time.
- New South Wales: Legal Aid NSW describes a Notice of Intention to Appeal within 28 days of conviction or sentence, which then lasts 12 months. We read this in Legal Aid's guide, not in the Act.
- South Australia, Tasmania and the ACT: we could not confirm the time limit. Call the registry today.
What the court looks for
The grounds are broadly similar across the states we could read. An appeal can succeed if the verdict is unreasonable, if there was a wrong decision of law, or if there was a miscarriage of justice. In Queensland, Western Australia and the Northern Territory the court can still dismiss an appeal if no substantial miscarriage occurred. In Victoria, leave is required on any ground, and the question is whether there was a substantial miscarriage.
The High Court
You need special leave. The High Court looks at whether there is a question of law of public importance, or a need to resolve differing views, and whether the interests of justice require it to consider the case.
After your appeals: second appeals
There is no national review commission. Instead, several states allow a second or later appeal, with leave, based on fresh and compelling evidence.
- Victoria: with leave, on fresh and compelling evidence that should in the interests of justice be considered.
- Queensland: with leave, at any time, and it can be repeated. A separate route for new and compelling evidence requires the court to be satisfied, on the balance of probabilities, that the person is not guilty.
- Western Australia: with leave. A separate route for new and compelling evidence requires the court to be satisfied, on the balance of probabilities, that the person is innocent.
- ACT: with leave, on fresh and compelling evidence, and it can be repeated.
- South Australia: with permission, on fresh and compelling evidence. We read this in a 2018 handbook, not in the Act.
- Tasmania: we could not open the current provision. Ask a lawyer.
- New South Wales: we found no such statute. Petitions to the Governor and applications under Part 7 of the Crimes (Appeal and Review) Act 2001 are the path. The inquiry into Kathleen Folbigg's convictions came through that Part.
- Northern Territory: no such statute. A mercy petition can be referred to the court.
If your lawyer missed the evidence
Two states say this directly. In Queensland and Western Australia, evidence that was missed because of a lawyer's incompetence or negligence can count as fresh evidence in a second appeal.
Paying for it
Each state and territory has a legal aid commission. In New South Wales, legal aid is available for appeals to the Court of Criminal Appeal and the High Court, subject to means and merit. We could not confirm the appeal rules of the other commissions, so ask yours directly. Our jurisdiction pages link to them.
What this guide leaves out
Australian courts and legislation sites largely refuse automated access, and we could not open the High Court's site. So this guide does not set out the case law on fresh evidence, on lawyer error or on bail pending appeal. A lawyer can tell you about those.
General information only, not legal advice. Do not rely on this page for a deadline in your case.