Within Australia, the right to silence derives from common law. The basic position amongst the states is that neither the judge nor the jury is permitted to draw any adverse inference about the defendant's culpability, where he/she does not answer police questions v R (2000) 199 CLR 620 ... overturning Jones v Dunkel [1959 101 CLR 298]. While this is the common law position, it is buttressed by various legislative provisions within the states. For instance s.464J of the "Crimes Act" 1958 (Vic) and s.89 of the "Evidence Act" 1995 (NSW).