What’s the law in my state or territory?

Law relating to image-based abuse differ across each state and territory and can be complex, even for legal experts. Here you will find an overview of Australian Commonwealth law and state laws that can be used in cases of IBA.

The government is looking at ways to strengthen laws to better protect Australians against image-based abuse.

General laws

The following laws are also more general laws, including Commonwealth laws, which may assist in instances of image-based abuse:

  • grooming
  • indecent images
  • classification
  • child sexual exploitation
  • stalking
  • threats of violence
  • the use of a carriage service provider to harass, menace or cause offence

Find out about civil and criminal laws relating to image-based abuse in your state or territory

Some states and territories have laws which specifically address image-based abuse. Click on your state or territory to see the laws that may apply.

Western Australia

There are offences for distributing or threatening to distribute an intimate image without consent. The offences are located in Chapter XXVA—Intimate images and Chapter XXXIIIA—Threats of the Criminal Code Act Compilation Act 1913 (WA).

The Restraining Orders Act 1997 (WA) allows a court to impose a Family Violence Restraining Order to restrain a respondent from ‘stalking or cyber-stalking the person seeking to be protected’ and/or ‘distributing an intimate image of the person seeking to be protected, or threatening to distribute the image’.

Even if there are no specific laws in your state or territory, there are some general laws that may apply—see General laws, or take a look at the SmartSafe website for further information.