{"id":"nsw:act-1983-062","name":"Lie Detectors Act 1983","slug":"lie-detectors-act-1983","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"62 of 1983","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107893,"registerId":"nsw-act-1983-062-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Lie Detectors Act 1983](/view/html/inforce/current/act-1983-062).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) Sections 1 and 2 shall commence on the date of assent to this Act.\n> \n> > (2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Act binds Crown","content":"#### 3 Act binds Crown\n\n3 Act binds Crown\n\n> This Act binds the Crown, not only in right of New South Wales but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> In this Act, except in so far as the context or subject-matter otherwise indicates or requires:\n> \n> employment means employment:\n> \n> > (a) under a contract of service,\n> \n> > (b) under a contract for services, or\n> \n> > (c) as an agent remunerated wholly or partly by commission.\n> \n> output, in relation to an instrument or apparatus, includes a reproduction of, extract from, summary of, or paraphrase of, output from the instrument or apparatus.\n> \n> prohibited purpose means any purpose connected with:\n> \n> > (a) matters relating to employment, including:\n> > \n> > > (i) an application for, or offer of, employment,\n> > \n> > > (ii) honesty and other matters related to character,\n> > \n> > > (iii) terms of employment,\n> > \n> > > (iv) promotion, increments and other employment-related benefits,\n> > \n> > > (v) transfer of employment,\n> > \n> > > (vi) training in or for employment, or\n> > \n> > > (vii) continuation of employment,\n> \n> > (b) consideration of the acceptance of risk under a proposal for a contract of, or policy of, insurance,\n> \n> > (c) consideration of a claim under a policy of insurance,\n> \n> > (d) payment of compensation for loss or damage, whether under a policy of insurance or otherwise,\n> \n> > (e) an application for any form of financial accommodation, or\n> \n> > (f) establishing whether or not a person is guilty of an act or omission that is punishable by a fine or imprisonment.\n> \n> **s 4:** Am 1984 No 153, Sch 9; 1999 No 94, Sch 4.127.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Offences","content":"#### 5 Offences\n\n5 Offences\n\n> > (1) A person is guilty of an offence against this Act if, for any prohibited purpose:\n> > \n> > > (a) the person uses an instrument or apparatus to measure or monitor:\n> > > \n> > > > (i) physiological reactions of the body of another person, or\n> > > \n> > > > (ii) elements of stress, tonal variation or vibration in the voice of another person,\n> > \n> > > (b) the person uses the output from an instrument or apparatus so used by the person or another person, or\n> > \n> > > (c) the person uses an analysis of, or opinion as to the effect of, any such output.\n> \n> > (2) A person is guilty of an offence against this Act if, for any prohibited purpose, the person requests or requires another person to undergo an examination based on the use of an instrument or apparatus to measure or monitor:\n> > \n> > > (a) physiological reactions of the body of that other person, or\n> > \n> > > (b) elements of stress, tonal variation or vibration in the voice of that other person.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Output etc not admissible in evidence","content":"#### 6 Output etc not admissible in evidence\n\n6 Output etc not admissible in evidence\n\n> > (1) Subject to subsection (2), anything that is, or purports to be:\n> > \n> > > (a) output from an instrument or apparatus when used in the commission of an offence against this Act referred to in section 5, or\n> > \n> > > (b) an analysis of, or opinion as to the effect of, any such output,\n> > \n> > is inadmissible as evidence before any court or any person or body of persons authorised by law or by consent of parties to receive and examine evidence.\n> \n> > (2) Subsection (1) does not operate to prohibit the production or admission in evidence, for the purpose of proving the commission of an offence against this Act, of any output, analysis or opinion alleged to have been used in the commission of the offence.\n> \n> > (3) The court before which proceedings for an offence against this Act are brought may, at any stage of the proceedings and from time to time, make an order forbidding publication of evidence that, but for subsection (2), would be inadmissible in those proceedings, or of any report of, or report of the substance or purport of, that evidence.\n> \n> > (4) A person who contravenes an order made under subsection (3) is guilty of an offence against this Act.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Penalties","content":"#### 7 Penalties\n\n7 Penalties\n\n> > (1) A person guilty of an offence against this Act is liable:\n> > \n> > > (a) in the case of a corporation—to a penalty not exceeding 50 penalty units for a first offence and not exceeding 100 penalty units for a second or subsequent offence, or\n> > \n> > > (b) in any other case—to a penalty not exceeding 10 penalty units for a first offence and not exceeding 20 penalty units for a second or subsequent offence.\n> \n> > (2) Proceedings for an offence against this Act may be taken before the Local Court.\n> \n> > (3) The court by which a person is convicted of an offence against this Act may, by its conviction, order that:\n> > \n> > > (a) any instrument or apparatus,\n> > \n> > > (b) any written or recorded output from an instrument or apparatus, or\n> > \n> > > (c) any written or recorded analysis of, or opinion as to the effect of, output from an instrument or apparatus,\n> > \n> > used in the commission of the offence and described in the order be forfeited to the Crown and delivered, within a period specified in the order by the person who has possession of the device, output, analysis or opinion to a person so specified to be dealt with as the Minister thinks fit.\n> \n> **s 7:** Am 1993 No 47, Sch 1; 1999 No 31, Sch 4.51; 2007 No 94, Sch 4.","sortOrder":6}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient legislative text was provided to assess whether the Act's scope changed from its original intent. The metadata shows only two point-in-time versions (2000 and 2009), suggesting minimal amendment history, but the actual provisions were not available for comparison."},"complexity_factors":["The actual legislative text was not provided — only website navigation and metadata are present, making substantive analysis impossible","Based on title alone, the subject matter (lie detector regulation) is generally a narrow and straightforward area of law","The Act has remained unchanged since 2009, suggesting it is not frequently amended or administratively complex","As a 1983 Act with a single, specific focus suggested by its title, it is unlikely to contain extensive cross-references or complex definitional frameworks"],"plain_english_summary":"The Lie Detectors Act 1983 (NSW) is an in-force state law (Act No. 62) under the Attorney General, last substantively updated in 2009, that—by its title—regulates the use of lie detector (polygraph) tests. It is relevant to employers, employees and others who might be asked to undergo such tests and to the admissibility or coercion of polygraph evidence.\n\nNote: the actual legislative text was not supplied, so the above reflects the document’s metadata and typical scope implied by the title, not a full statutory analysis."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Amendment notations in the text (to s 4 and s 7) show the Act's definitions and penalty regime have been modified since original enactment (amendments recorded in 1984, 1993, 1999 and 2007). Those amendments alter definitional reach (e.g. employment/output) and sanction levels; the current text therefore reflects a different scope and penalty structure than the original statute."},"complexity_factors":["Broad, multi‑item definition of \"prohibited purpose\" covering employment, insurance, compensation, financial applications and determining guilt (s 4)","Multiple offence elements: use of instruments, use of outputs/analyses, and requesting or requiring tests (s 5(1)–(2))","Evidence exclusion with a narrow exception for proving offences and a separate court power to forbid publication (s 6(1)–(3))","Different penalty bands for corporations versus individuals and provision for forfeiture orders (s 7(1), (3)); proceedings may be heard in the Local Court (s 7(2))","Definition of \"output\" expressly includes reproductions, extracts, summaries and paraphrases, extending reach beyond raw device data (s 4)","The Act binds the Crown \"so far as the legislative power of Parliament permits,\" which can complicate enforcement against government bodies (s 3)","Discretion points: court may restrict publication of otherwise inadmissible evidence (s 6(3)); Minister decides disposal of forfeited items (s 7(3))","Amendment notes attached to sections indicate the text has been altered since enactment, requiring attention to historical changes when interpreting scope (s 4, s 7 notes)"],"plain_english_summary":"This Act makes it an offence to use instruments that measure physiological reactions or voice‑stress (or to use their outputs or analyses) for certain listed \"prohibited purposes\" such as employment decisions, insurance, compensation, financial applications or determining criminal guilt. It also forbids requiring someone to undergo such tests, generally bars such device outputs from evidence (with a narrow exception to prove breaches), and creates penalties, forfeiture powers and court orders restricting publication. It primarily affects employers, insurers, claimants and others who might demand or rely on lie‑detector tests."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of prohibiting lie detector use in employment, insurance, financial, and criminal contexts. The 1984, 1993, 1999, and 2007 amendments appear to be machinery amendments (updating penalty references and court names) rather than substantive expansions of scope."},"complexity_factors":["Short statute with only 7 operative sections","Minimal cross-referencing (only internal references to sections 5 and 6)","Straightforward offence structure with two main prohibitions in section 5","Simple conditional logic (subsection 6(2) creates a single exception to the evidence ban for prosecuting offences under the Act itself)","Only 3 defined terms in section 4, though 'prohibited purpose' has nested subparagraphs covering 6 broad categories","No delegated legislation or regulatory mechanisms","Penalty structure is standard and uncomplicated"],"plain_english_summary":"**What this law does:**\n\nThis Act bans the use of lie detectors (polygraphs and voice stress analysers) for specific purposes in New South Wales. It makes it illegal to:\n\n* **Use** lie detection equipment to measure someone's body reactions or voice stress\n* **Request or require** someone to undergo lie detector testing\n* **Use the results** of such tests for certain purposes\n\n**Who it affects:**\n\n* **Employers** – cannot use lie detectors for hiring, firing, promotions, or checking employee honesty\n* **Insurance companies** – cannot use them to assess risk or process claims\n* **Lenders** – cannot use them when deciding on loans or credit\n* **Anyone in the justice system** – cannot use them to prove someone committed a crime\n\n**Why it matters:**\n\nLie detectors are scientifically unreliable. This law protects people from being forced into pseudo-scientific interrogations that could cost them jobs, insurance coverage, or their freedom. It recognises that these devices measure stress, not truth, and that using them creates unfair power imbalances.\n\n**Key protections:**\n\n* **Criminal penalties** apply (fines up to 100 penalty units for companies, 20 for individuals)\n* **Evidence ban** – lie detector results generally cannot be used in court\n* **Forfeiture power** – courts can order equipment and records destroyed\n* **Publication restrictions** – courts can ban media reporting of lie detector evidence used in prosecutions under this Act"}},"importantCases":[],"_links":{"self":"/api/acts/lie-detectors-act-1983","history":"/api/acts/lie-detectors-act-1983/history","analysis":"/api/acts/lie-detectors-act-1983/analysis","conflicts":"/api/acts/lie-detectors-act-1983/conflicts","importantCases":"/api/acts/lie-detectors-act-1983/important-cases","documents":"/api/acts/lie-detectors-act-1983/documents"}}