This section has information about responding to a complaint made about noise.
If you have breached (broken) a noise restriction, direction, order or notice from police or local council, you may be given a penalty notice (fine) or sent a court attendance notice to respond to the charge at court. If you have received a fine or a court attendance notice, you should get legal advice.
Police, your local council, your landlord (if you are a tenant) or your owners corporation (if you live in strata) may give you a verbal or written warning about noise.
If this happens you should consider the warning carefully and see if there is anything you can do to stop or reduce the noise. A small change in your behaviour may avoid your neighbour taking any further action against you.
If you know where the complaint has come from, try to talk to the person or consider trying mediation to resolve the complaint.
The law sets out what types of noise should not be heard between certain times from inside a neighbour's home. There are also restrictions on amplified noise, power tools, air conditioners, cars and alarms. For more information on noise restrictions, see Noise restrictions.
If you have breached noise restrictions, the police or your local council may issue you with a warning about the breach.
If you breach the restriction again within 28 days they may give you a penalty notice (fine). If this happens to you, you should get legal advice.
If your neighbour is bothered by noise coming from you or your property, they may have contacted the police or local council and made a complaint, see:
A noise abatement direction is a direction requiring you to stop offensive noise. Offensive noise is noise that:
This might be because of the level of noise, the time the noise was made, its nature, character or quality, or any other circumstances.
The direction can be issued by your local council or by police. The direction does not have to be issued at the time the noise is made.
It can be issued within seven days of the noise occurring. It can be in writing or it can be verbal. The direction lasts for up to 28 days from when it was made.
The police and local councils have powers to seize (take) equipment used to make offensive noise.
You cannot appeal a noise abatement direction. The person who made the direction can revoke (cancel) the direction as can another authorised person, for example another council officer or police officer.
If you feel the direction should not have been made, you may consider writing to the agency that made the direction and ask for the direction to be revoked. Your letter should explain your reasons. If you are considering this step, you should get legal advice.
A noise abatement direction lasts for up to 28 days from the day it is issued. If you continue to make the type of noise specified in the noise abatement direction during this time, you may be breaching the direction.
Breaching the direction is an offence. You may be given a penalty notice (fine) or charged with an offence each time you breach the direction.
If you have been given a penalty notice (fine) for breaching the direction and you don't agree with it, you can elect to challenge the fine in court. If you are charged with an offence or elect to go to court you may face a higher penalty if you are convicted (found guilty).
For more information about how to challenge your fine in court, see the Fines topic on this website.
Before you are served with (given) a nuisance order you will be given notice.
The notice will give you seven days from when you receive the notice to send a letter of objection to the council stating the reasons why you think a nuisance order should not be issued.
The council will consider your objection and make a decision. If the noise continues and/or the council is not satisfied with your letter of objection, the council will issue the order.
You cannot appeal a nuisance order.
You may object to the notice given before a nuisance order.
You have seven days to object to the notice.
Once a nuisance order has been issued it applies immediately and lasts for six months.
If you have been issued with a nuisance order and the noise continues, you will be breaching the order. It is an offence to breach a nuisance order.
A local council may issue a penalty notice (fine) for breach of a nuisance order. Alternatively, a local council may charge you with an offence for breaching a nuisance cat order or a nuisance dog order. You will then have to go to court to deal with the matter. There is a fine for a breach of a nuisance order for a nuisance cat and a nuisance dog. There are higher fines for the second offence.
If you have been given a penalty notice (fine) for breaching an order and you don't agree with it, you may elect to challenge the fine in court. If you elect to go to court you face the higher maximum penalty for a nuisance cat and for a nuisance dog if you are convicted (found guilty).
For more information about electing to have your fine dealt with at court, see Fines.
If you are considering challenging a fine in court or you are charged with an offence, you should get legal advice.