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200 recent changes in WALawHbk Web retrieved at 23:49 (AEDT)

CommonOffences in WALawHbk
Common offences and Assault An assault under the Criminal Code is any act that applies or threatens to apply force to another person or persons. The Criminal C...
WALawHandbook in WALawHbk
Western Australian Law Handbook Welcome to the Western Australian Law Handbook: an easy to read guide to law in Western Australia.It is an indispensable plain Eng...
ChildrenAndYoungPeople in WALawHbk
Children and Young People and * Protection and care Introduction * Protection and care When a child is in need of protection * Protection and care ...
HECSDebts in WALawHbk
HECS debts and On 1 January 2005 a new suite of loans known as the Higher Education Loan Programme (HELP) came into effect, introduced under the Higher Educatio...
MedicareLevy in WALawHbk
Medicare levy and This levy is imposed on your taxable income and is designed to help cover the cost of the health system which operates in Australia. The most ...
Rebates in WALawHbk
Rebates and Offsets and A rebate (also known as a tax offset) operates as a tax reduction. It is subtracted from your tax after your tax payable has been calcul...
TaxRates in WALawHbk
Tax rates and Taxable Income Tax Payable 0 18,200 Nil 18,201 37,000 Nil 19% of excess over 18,200 37,001 90,000 3,572 32.5% of e...
AllowableDeductions in WALawHbk
Allowable deductions and As indicated above, your assessable income is reduced by your allowable deductions in order to determine your taxable income. There are...
TheTaxReturn in WALawHbk
The tax return and Do you have to file a tax return? Generally, if you have earned over the minimum taxable income you must lodge a tax return . If you are an...
HowIsYourTaxLiabilityDetermined in WALawHbk
How is your tax liability determined? and You are liable to pay tax on your taxable income earned over an income year. For the vast majority of taxpayers, the i...
AssessableIncome in WALawHbk
Assessable income and Residents of Australia are assessed on their gross income from all sources. Non residents are assessed on the gross income from Australian...
CrimeOther in WALawHbk
Other and Extra territorial reach A recent development in state and Commonwealth criminal law has been the inclusion of statutory provisions allowing domestic ...
AppealingASentence in WALawHbk
Appealing a sentence and A person can appeal against a sentence based on the sentencing court making a direct error about the law or facts or on the basis of th...
Search in WALawHbk
Search and Searching a person Police also have the power to conduct any search if the person concerned agrees to it. Once an arrest has been made, police can s...
Arrest in WALawHbk
Arrest and An arrest occurs where a person is placed under the control of another person. An arrest can be made with or without a warrant. Arrest without warra...
CYPGoingToCourt in WALawHbk
Protection Care Going to Court and When the Department makes an application to take a child into care, the matter is dealt with in the Children’s Court of Wes...
TaxationContactPoints in WALawHbk
Contact points other useful resources Administrative Appeals Tribunal: http://www.aat.gov.au/ Australian Tax Office: https://www.ato.gov.au/ Office of State Rev...
ObjectionsReviewsAndAppeals in WALawHbk
Objections, reviews and appeals and You generally have either two years or four years in which to lodge an objection with the ATO after receiving a notice of as...
ChildrenAndTheCriminalLaw in WALawHbk
Children and the criminal law and Criminal responsibility A person under the age of 10 years is not criminally responsible for any act or omission (s. 29 WA Cr...
GeneralRights in WALawHbk
General rights and Rights as a child in civil law Contracts A person under the age of 18 in Western Australia is not bound by a contract. A contract entered i...
GettingHelp in WALawHbk
Protection Care Getting Help and Legal Advice Support A number of legal services provide advice and assistance with protection and care maters, ranging fro...
IfYouAreAChildInCare in WALawHbk
Protection Care Children in Care and If you are a child in care, or know a child in care, the Department have a guide called 'All about being in care'. This g...
AfterAChildIsTakenIntoCare in WALawHbk
Protection Care After a Child is taken into Care and This section is for parents whose child has been removed from their care by the Department. Provisional ...
BeforeAChildIsTakenIntoCare in WALawHbk
Protection Care Before a Child is taken into Care and This section is aimed at parents whose child has not yet been removed by the Department, such as where t...
WhenAChildIsInNeedOfProtection in WALawHbk
Protection Care When a Child is in Need of Protection and The Department is sometimes required to step in and assist families (through support or by removing ...
CareAndProtectionIntroduction in WALawHbk
Protection Care Introduction and Children in Care What may be known as ‘DCP’, 'Welfare' or ‘the Department’ refers to the Department of Communities, Child Pr...
CreditContactPoints in WALawHbk
Contact points useful resources and Contact points If you are deaf or have a hearing or speech impairment, you can ring any number through the National Relay...
ConsumerLeases in WALawHbk
Consumer leases and What is a consumer lease? For the purposes of the NCC, a consumer lease is defined as a contract for the hire of goods by a natural person ...
RelatedSaleContractsAndInsuranceContracts in WALawHbk
Related sale contracts and insurance contracts and Sale contracts For the purposes of the NCC, a sale contract is a contract for any one or more of the followi...
PenaltiesForBreachNationalCreditCode in WALawHbk
Penalties for breach of the National Credit Code and A debtor, a guarantor, ASIC or a credit provider may apply to the court to make an order in respect of a co...
EnforcingAndEndingCreditContracts in WALawHbk
Enforcing and ending credit contacts, mortgages and guarantees and Enforcement of credit contracts, mortgages and guarantees A credit provider cannot begin enf...
ChangesToObligationsCreditContracts in WALawHbk
Changes to obligations under credit contracts, mortgages and guarantees and Unilateral changes by credit provider Certain changes to a credit contract can be m...
MortgagesAndGuarantees in WALawHbk
Mortgages and Guarantees and Mortgages A mortgage is a contract between a creditor (mortgagee) and a debtor (mortgagor) which secures obligations under a credi...
CreditContracts in WALawHbk
Credit Contracts and What is a credit contract? For the purposes of the National Credit Act and the NCC, a credit contract is a contract under which credit is ...
CoverageOfTheNationalCreditCode in WALawHbk
Coverage of the National Credit Code and Generally ASIC is the national regulator for consumer credit and consumer leases under the national credit legislation...
EmploymentLawInformationAndContacts in WALawHbk
Other employment law information and contacts and * Fair Work Commission – WA RegistryLevel 16, 111 St Georges Tce, PERTH WA 6000Phone: 1300 799 675Fax: (08)...
Employment in WALawHbk
Employment and This chapter describes the law of employment and the rights and remedies which are available under both the industrial relations systems and at c...
TerminationOfEmployment in WALawHbk
Termination of employment and An employee’s employment might be terminated for any number of reasons, including as a result of poor performance, employee miscon...
EnforcingYourEntitlements in WALawHbk
Enforcing your entitlements and Denied contractual benefits claim Where an employee has been denied a benefit to which they are contractually entitled under a ...
Bullying in WALawHbk
Bullying and Workplace bullying can be described as repeated and unreasonable or inappropriate behaviour directed at a worker, or group of workers, that creates...
WorkplaceRightsEqualOpportunityAndDiscrimination in WALawHbk
Workplace rights, equal opportunity and discrimination and General protections and workplace rights Under the FW Act, there are a range of workplace protection...
RestraintsAndPostEmploymentRestrictions in WALawHbk
Restraints and post employment restrictions and The primary mechanisms available to employers to protect confidential and proprietary information are: * to i...
ContractsOfEmployment in WALawHbk
Contracts of employment and Employee or independent contractor? The threshold question in determining the rights and duties of a worker is whether the individu...
AwardsAndAgreements in WALawHbk
Awards and agreements and National system Modern awards and enterprise agreements Modern awards Modern awards establish a safety net of terms and conditions...
EmploymentLawOverview in WALawHbk
An overview of employment law in Australia and Application of federal and state laws Australia has comprehensive laws governing employment at both state and fe...
CreditIntroduction in WALawHbk
Introduction and What is credit? Credit involves the referral of debt. This generally involves: * one party (debtor or borrower) receiving a benefit from an...
PlanningAndTheEnvironment in WALawHbk
Planning and the Environment and Penalties and enforcement The Planning and Development Act 2005 (WA) (as amended) imposes significant penalties for non compli...
Environment in WALawHbk
Environment and Environmental Protection Act 1984 (WA) – EP Act The EP Act is the main source of law dealing with environmental matters in WA. The long title o...
Planning in WALawHbk
Planning and Statutory background The Planning Development Act 2005 (WA) (PADA), as amended, and relevant case law will be referred to for the purposes of gi...
EnvironmentAndPlanning in WALawHbk
Environment and Planning and This chapter provides a broad overview of planning and environment law in Western Australia. However, the emphasis will be on plann...
System in WALawHbk
Welcome to the WA Law Handbook * Table of contents The WA Law Handbook The Western Australian Law Handbook Online is an innovative, free access platform, inte...
InjuriesArisingFromMotorVehicleAccidentsAndCompensationClaims in WALawHbk
Injuries arising from motor vehicle accidents and compensation claims and The Motor Vehicle (Third Party Insurance) Act 1947 (WA) creates a scheme of compulsory...
PoorRepairWork in WALawHbk
Poor repair work and Sometimes repair work is not adequate. A person should take the vehicle to the RAC or another motor vehicle repairer for an inspection and ...
ClaimsForPropertyDamageThatAreContestedInCourt in WALawHbk
Claims for property damage that are contested in court and Court proceedings are quite often complicated and may cause much anxiety. If a person has to go to co...
HandlingAPropertyDamageClaimWithoutALawyer in WALawHbk
Handling a property damage claim without a lawyer and If a person decides the potential costs of engaging a lawyer outweigh the amount of damages recoverable, t...
ConsiderationsBeforeCommencingLitigationForPropertyDamage in WALawHbk
Considerations before commencing litigation for property damage and Recovery of money financial position of the other party If a person finds that the other ...
InsuranceRegardingMotorVehicleAccidents in WALawHbk
Insurance regarding motor vehicle accidents and There are four different types of insurance policies for motor vehicles. 1 Compulsory Third Party – this is a...
ClaimingForMotorVehiclePropetyDamage in WALawHbk
Claiming for motor vehicle property damage following a motor vehicle accident and Recovery of damages Following a car accident, two kinds of claim may arise. T...
FollowingAMotorVehicleAccident in WALawHbk
What should be done following a motor vehicle accident and Obligation of drivers following a motor vehicle accident After a car accident has occurred, there is...
CarAccidents in WALawHbk
Car Accidents and * Motor vehicle accidents * What should be done following a motor vehicle accident * Types of claims * Claiming for motor vehicle ...
WhereToGoForHelp in WALawHbk
Where to go for help and Emergency In case of an emergency: * Police support is available from a local Police Station on 131 444. * Contact the general s...
FamilyAndDomesticViolence in WALawHbk
Family and Domestic Violence and * Introduction * What is family violence? * Restraining orders * Professional responses to family violence by lawye...
ProfessionalResponsesToFamilyViolence in WALawHbk
Professional responses to family violence by lawyers and other service professionals and Trauma Informed Response For lawyers and other service providers, it i...
FDVRestrainingOrders in WALawHbk
Restraining orders and Types of restraining orders in WA As from 2017, there are 4 types of restraining order in Western Australia: * Family Violence Restra...
WhatIsFamilyViolence in WALawHbk
What is family violence? and Language used The phrase family and/or domestic violence is used widely and it is common to hear the phrase used in the media, in ...
FamilyDVIntroduction in WALawHbk
Introduction and Family violence in Australia Family violence is sadly not uncommon in Australia. A reliable indicator of the prevalence of family violence in ...
Compensation in WALawHbk
Compensation and Criminal Injury Compensation Civil remedies
IncreasingSafety in WALawHbk
Increasing safety and Legal options Restraining orders (law, process and procedure) Family law injunctions Police orders Bail conditions Role of...
FamilyChildren in WALawHbk
Children and Exposing children to family violence Impacts of trauma/family violence on children Children as perpetrators Family Court Children's Court
DisabilityContactPoints in WALawHbk
Contact points other useful resources and Contact points * Human Rights and Equal Opportunity CommissionLevel 8, Piccadilly Tower133 Castlereagh StSydney ...
PRContactPointsAndUsefulResources in WALawHbk
Contact points and useful resources and For information on privacy regulation of health service providers in the states and territories, please refer to the app...
ComplaintsToTheCommissioner in WALawHbk
Complaints to the Commissioner and Individuals may complain to the OAIC if they believe that their privacy has been infringed as stated above. The OAIC will nor...
CriminalJustice in WALawHbk
Criminal justice and
EmploymentAndIndustrialIssues in WALawHbk
Employment and industrial issues and
ConsumerRights in WALawHbk
Consumer rights and
PersonalRelationships in WALawHbk
Personal relationships and
AustralianPrivacyPrinciples in WALawHbk
Australian Privacy Principles (APP) and The Information Commissioner issues the Australian Privacy Principles guidelines (APP guidelines) which may be updated f...
AdvocacyServices in WALawHbk
Advocacy services and
Services in WALawHbk
Services and
Rights in WALawHbk
Rights and
PrivacyReforms in WALawHbk
Reforms 2017 and 2014 and The Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) (the Data Breaches Act) provides that a notification of data breaches ...
PrivacyRights in WALawHbk
Privacy Rights and Amendments made by the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth) to the Federal Privacy Act 1988 have significantly imp...
TheRightToPrivacy in WALawHbk
The right to privacy and The common law does not recognise a general right to privacy or a right to protection of personal information, although it does provide...
DisabilityAndTheLaw in WALawHbk
Disability and the Law and * Introduction * Rights * Services * Advocacy services * Personal relationships * Consumer rights * Employment ...
DiscriminationContactPoints in WALawHbk
Contact points other useful resources and Contact points * WA Equal Opportunity Commission2nd Floor, Westralia Square141 St George’s TcePerth WA 6000Ph: (...
FederalDiscriminationLaw in WALawHbk
Federal discrimination law and
StateDiscriminationLaw in WALawHbk
State discrimination law and
DiscriminationWA in WALawHbk
Discrimination and * Introduction * State discrimination law * Federal discrimination law * Contact points and other useful resources
CareProtection-WhenAChildIsInNeedOfProtection in WALawHbk
When a Child is in Need of Protection and When is a Child in need of Protection? The Department is sometimes required to step in and assist families (through s...
HRContactPointsAndUsefulResources in WALawHbk
Contact points and useful resources and Contact Points Individual complaints can be submitted to the following address: Petitions and Inquiries SectionOffice ...
WhatHappensOnceAComplaintIsMade in WALawHbk
What happens once a complaint is made? and One of the significant drawbacks of making a complaint at the international level is that the process if extremely sl...
UnitedNationsComplaintsMechanisms in WALawHbk
United Nations complaints mechanisms and Most of the major international human rights treaties include a specialist mechanism designed to hear complaints (also ...
CrimeCourts in WALawHbk
Courts and Criminal court process Traditionally, all criminal matters begin in the local or magistrates court. There is a distinction between summary, summary ...
CrimeGeneralcriminallawprinciples in WALawHbk
General criminal law principles and Innocent until proven guilty A fundamental cornerstone of Western democracies is the principle that an accused person is pr...
CrimeIntroduction in WALawHbk
Introduction and Criminal law in Australia has its origins in the common law of the United Kingdom. From that base and overtime, the Australian States and Terri...
CGDContactPointsAndUsefulResources in WALawHbk
Contact points and useful resources and If you are deaf or have a hearing or speech impairment, you can ring any number through the National Relay Service or th...
ProcessAndProcedureForChallengingADecision in WALawHbk
Process and procedure for challenging a government decision and Commonwealth Administrative Review Administrative Decisions (Judicial Review) Act There are n...
OutcomesAvailableWhenChallengingADecision in WALawHbk
Outcomes available when challenging a government decision and Independent decision making The AAT has demonstrated that it will live up to its charter of indep...
InWhatCircumstancesCanYouApplyForReview in WALawHbk
In what circumstances can you apply to review a government decision and Grounds for judicial review ADJR Act and State equivalents Judicial review principles ...
TypesOfReviewAvailable in WALawHbk
Types of review available for government decisions and Commonwealth Commonwealth government administrative actions or decisions may be tackled in the following...
RulesForGovernmentDecisionMaking in WALawHbk
Rules for government decision making and Introduction The bulk of government administration is carried out by state and commonwealth government departments. Ea...
NTContactPointsAndOtherResources in WALawHbk
Contact points and other resources and Native Title Contacts National Native Title Tribunal (The National Native Title Tribunal is an independent agency. The ...
AboriginalSites in WALawHbk
Aboriginal sites and Aboriginal Heritage Act 1972 (WA) The provisions of the Aboriginal Heritage Act 1972 (WA) (“the AHA”) are dealt with below. They are parti...
AboriginalReserves in WALawHbk
Aboriginal Reserves and Western Australia has never had land rights legislation as such. An Aboriginal Land Rights Bill was introduced into the State Parliament...
NativeTitleLaw in WALawHbk
Native Title Law and The Mabo Decision In June 1992 the High Court handed down its decision in the case of Mabo v the State of Queensland [1992] HCA 23; (1992) 175 CLR 1 (“Ma...
ATSIContactPoints in WALawHbk
Contact points and other resources and Legal Services * ALS of WA (Head Office)7 Aberdeen StreetPerth WA 6000Ph: (08) 9265 6666Toll free: 1800 019 900A/H Ph...
ATSILegalAssistanceInWA in WALawHbk
Legal assistance in WA and ALSWA The Aboriginal Legal Service of Western Australia (Inc) – often abbreviated to ALSWA or ALS – was established in 1973. ALSWA i...
ATSIDiscrimination in WALawHbk
Discrimination and Discrimination and racial and vilification remain a daily fact of life for many Aboriginal and Torres Strait Islander individuals. Both the S...
AboriginalChildrenAndTheLaw in WALawHbk
Aboriginal children and the law and Care and protection The Children and Communities Services Act 2004 (WA) (“CCSA”) is the primary piece of legislation in WA ...
ATSICriminalLaw in WALawHbk
Criminal law and Criminal procedure In Western Australia the Commissioner of Police has produced written guidelines for police officers to use in their work. T...
ATSIFamilyLaw in WALawHbk
Family law and In the family law jurisdiction, when the Court determines what is in the best interests of the child, one of the additional considerations that t...
KeyEventsAffectingATSIJusticeIssues in WALawHbk
Key events affecting ATSI justice issues and For a summary of key legal and political events impacting on Aboriginal people in WA since colonisation, see the bo...
AboriginalTraditionalLore in WALawHbk
Aboriginal traditional lore and For thousands of years before the arrival of Europeans in Australia, Aboriginal and Torres Strait Islander peoples had well deve...
ATSIIntroduction in WALawHbk
Introduction and Terminology The term Aboriginal and Torres Strait Islander peoples recognises the different cultural groups still existing in WA. This diversi...
IntroContactPoints in WALawHbk
Contact points and other resources and The following list of relevant sites is by no means exhaustive, but does give a series of jumping off points: * For Co...
FindingTheLaw in WALawHbk
Finding the law and A self represented litigant needs to be able to find out what the law really is in any given circumstances. This will mean studying Statutes...
Selfrepresentation in WALawHbk
Self representation and The fact that lawyers are very expensive is no secret. Many people who get involved in civil disputes or who are charged with criminal o...
Tribunals in WALawHbk
Tribunals and Tribunals are not part of the judiciary. They are dispute resolution bodies set up under laws passed by parliament and they are under the control ...
WhosWhoInTheCourts in WALawHbk
Who's who in the courts and All Courts have a basically similar makeup. If you enter a court, you will find that the judge or magistrate is raised above all oth...
TheCourtsCommonwealthCourts in WALawHbk
The Courts: Commonwealth courts and Federal Circuit Court of Australia The Federal Circuit Court jurisdiction includes family law and child support, administra...
TheCourtsStateCourts in WALawHbk
The Courts: State courts and As there are both State and Commonwealth governments in Western Australia, there are both State and Commonwealth courts. Magistrat...
TheAdversarialSystem in WALawHbk
The adversarial system and Legal disputes in Australia are resolved by way of an adversarial system. This means that the two parties to the dispute are each res...
SeparationOfPowers in WALawHbk
Separation of powers and The division of government into three separate areas with separate powers and responsibilities is known as the doctrine of Separation o...
WhoMakesTheLaw in WALawHbk
Who makes the law? and The answer, at least theoretically, is that as we are a representative democracy, we do! We elect people to speak for us in the parliamen...
WhatIsALegalSystem in WALawHbk
What is a legal system? and A Legal System is the complete social structure that makes, oversees and enforces those rules. The Australian Legal System is made u...
WhatIsLaw in WALawHbk
What is 'law'? and People have a fairly clear idea about what “law” is. Generally, people see law as sets of rules. Any group of people that has to live togethe...
AboutTheWALegalSystem in WALawHbk
About the WA Legal System and The purpose of this introductory chapter is to provide a broad overview of the basic components of the Western Australian Legal Sy...
Resources in WALawHbk
Resources and Courts Tribunals Family Court of Western Australia Daily Court List Supreme Court of Western Australia Government Offices WA Department o...
AppealsAndReviews in WALawHbk
Appeals and Reviews and Appeals against a decision of a Magistrate and reviews of a decision made by a Registrar Subject to permission to appeal being necessar...
ApplicationProcedureForParentingAndFinancialOrders in WALawHbk
Procedure for applications for Parenting and Financial Orders in the Family Court and Making an application Pre action procedures Before a party makes an appl...
DeFactoRelationshipsShortRelationships in WALawHbk
De Facto Relationships that ended before 1 December 2002 or were of less than 2 years' duration and In Western Australia, the Family Court does not hear dispute...
PropertyAndSpousalMaintenace in WALawHbk
Property and spousal maintenance and In Western Australia this section applies to: * married parties; and * also to parties to a de facto relationship whi...
ChildSupport in WALawHbk
Child Support and Child Support is money paid by one parent (the 'payer') to the other (the 'payee') for the day to day living expenses of their child. All pare...
FamilyHMChildren in WALawHbk
Children and What law applies Where the dispute concerns the welfare of children whose parents are or have been married, the Commonwealth Family Law Act 1975 a...
HowToMakeAComplaint in WALawHbk
How to make a complaint? and A complaint can be lodged by sending a letter to the relevant Committee Secretariat or can be lodged by email (see contact details ...
WhySeekInternationalRemedies in WALawHbk
Why seek international remedies? and The most obvious reason for seeking an international remedy is that it provides another option if no remedy is available un...
UsefulLinks in WALawHbk
Useful links and Mental Health Law Centre Community legal centre that provides free legal advice and representation to people who experience mental health issue...
MentallyImpairedAccused in WALawHbk
Mentally impaired accused and Persons accused of a criminal offence who suffer from a significant mental impairment may be managed under the Criminal Law (Menta...
Family in WALawHbk
Family and * Definitions * Marriage * De Facto Relationships * Breakdown of a Marriage or De Facto Relationship * Separation and Divorce * Chi...
WhatHumanRightsAreProtected in WALawHbk
What human rights are protected? and The international community has agreed to protect certain human rights that are outlined in a number of international human...
SeparationAndDivorce in WALawHbk
Separation and divorce and Separation Separation is when the parties no longer live together as partners. There is no such thing as a “legal separation”. Partn...
PatientsRights in WALawHbk
Patient's rights and A person has a right to be provided an explanation of their rights under the Act in the following circumstances: 1 When admitted to hosp...
TreatmentOfPatients in WALawHbk
Treatment of patients and The manner in which a person can be provided treatment will depend on what type of patient the person is for the purposes of the Act. ...
DeFactoRelationships in WALawHbk
De Facto Relationships and What is a de facto relationship? A de facto relationship exists when two persons are in a relationship which has marriage like quali...
Legislation in WALawHbk
Legislation and The Mental Health Act 2014 (WA) (the Act) came in to force on 30 November 2015. This new legislation brought with it a greater focus on meeting ...
MentalHealth in WALawHbk
Mental Health and This chapter provides a brief summary of the relevant provisions of the Mental Health Act 2014 (WA) focusing on the rights of patients subject...
Marriage in WALawHbk
Marriage and Who may marry A marriage is, in legal terms, the union between two people at the exclusion of all others, voluntarily entered into for life. This,...
FamilyDefinitions in WALawHbk
Definitions and Marriages Marriages are regulated by the Marriage Act 1961 (Cth) which is a Commonwealth law. It sets out who may marry, who may perform marri...
EffectOfConviction in WALawHbk
Effect of conviction and The effect of conviction is that a person is no longer a free citizen whose fate going forward is now determined by whatever sentence i...
Arbitration in WALawHbk
Arbitration and Arbitration is generally applied in the Commercial and Family Law area to resolve disputes quickly and inexpensively. Simply put, in arbitration...
Mediation in WALawHbk
Mediation and Mediation can be considered in most situations of conflict. Two criteria are essential for mediation to be commenced. The people in dispute need t...
WhereIsADRUsed in WALawHbk
Where is ADR used? and Legislation or contractual arrangements give rise to differing legal rights and obligations in relation to ADR. Participation in ADR may ...
ApproachesToADR in WALawHbk
Approaches to ADR and The most widely used ADR approaches are: * Mediation * Conciliation * Arbitration Mediation Mediation is a process in which the ...
TypesOfADR in WALawHbk
Types of ADR and Mediation, arbitration and conciliation are the most common ADR processes. The feature that all three have in common is that a trained, profess...
WhatIsADR in WALawHbk
What is ADR? and ADR refers to processes, other than judicial determination, in which an impartial person (an ADR practitioner) assists those in a dispute to re...
AlternativeDisputeResolution in WALawHbk
Alternative Dispute Resolution and The use of Alternative Dispute Resolution is becoming an increasingly popular means of resolving a variety of legal disputes ...
ReleaseFromPrison in WALawHbk
Release from prison and When prisoners are released, their personal belongings are returned to them together with any money earned, and not yet spent, while in ...
StatePrivacyLegislation in WALawHbk
State privacy legislation and The state public sector in Western Australia does not currently have a legislative privacy regime. Various confidentiality provisi...
OtherLegislation in WALawHbk
Other legislation and My Health Records The Australian government’s digital health record system is known as the My Health Record system is. It contains online...
ThePrivacyAct in WALawHbk
The Privacy Act and The Privacy Act 1988 (Privacy Act) regulates how personal information is managed. Personal information is defined as: …information or an opi...
StateDutiesAndTaxes in WALawHbk
State duties and taxes and The following are duties and taxes imposed by state governments. In Western Australia, these taxes are administered by the Office of ...
GoodsAndServicesTax in WALawHbk
Goods and services tax and Goods Services Tax The GST is a broad based consumption tax which aims to tax “private final consumption expenditure”. For the mos...
FringeBenefitsTax in WALawHbk
Fringe benefits tax and Fringe benefits are non cash benefits provided by employers as a reward to employees or their associates. These benefits include providi...
PayAsYouGo in WALawHbk
Pay As You Go (PAYG) and The Pay As You Go (PAYG) system consists of three separate parts: 1 a PAYG withholding system; 1 a PAYG instalments system; and ...
PayingYourTax in WALawHbk
Paying your tax and Generally, if you owe more tax than has been withheld from your income during the year, you must pay that tax by the due date as advised the...
PenaltiesAndOffencesRelatingToTaxReturns in WALawHbk
Penalties and offences relating to tax returns and If you have not complied with your tax obligations, you may become liable to penalty tax . Some of the penal...
PrivateRulingsAndOralRulings in WALawHbk
Private rulings and oral rulings and If you are unsure about the tax treatment of various past or future receipts or expenditures, you may apply to the ATO for ...
Assessments in WALawHbk
Assessments and Once you lodge your return, the ATO makes an assessment of the amount of tax payable, based on the information you supplied in the return and on...
FilingYourTaxReturn in WALawHbk
Filing your tax return and It is most likely that your tax return will be due on 31 October each year. If you cannot meet this date, you should lodge an applica...
TaxFileNumbers in WALawHbk
Tax file numbers and As a taxpayer, you are required to have a tax file number (TFN). Apart from serving as a means of identification of individual taxpayers, t...
DividendsTheImputationSystem in WALawHbk
Dividends: the imputation system and The imputation system was introduced to encourage people to invest in shares. Effectively, this system avoids double taxati...
CapitalGainsLosses in WALawHbk
Capital gains/losses and If you sell, give away, assign or otherwise dispose of an asset which you acquired (or which the Acts regard you as having acquired) on...
WorkersCompensation in WALawHbk
Workers' compensation and Employer's obligations Workers’ Compensation insurance is compulsory for employers. This means that in Western Australia (as in all o...
InjuriesAtWork in WALawHbk
Injuries at work and A worker who suffers injury or disease arising from their employment may have a right to payments under the Workers Compensation and Injury...
InjuriesAtHome in WALawHbk
Injuries at home, on land or other premises and Injuries which occur in the home or on privately owned land or other premises may come under the area of law kno...
Injuries in WALawHbk
Injuries and There is no universal or comprehensive system for compensating people who have suffered injury or disease in Western Australia. In each State and w...
Bail in WALawHbk
Bail and After a person is arrested on a charge they are in the custody of the police. Bail is the conditional release of a person from custody. Every accused i...
Extradition in WALawHbk
Extradition and Inter state extradition Extradition is a process where a person is sent by a magistrate from one state or country to another, to be dealt with ...
ComplaintsAgainstPolice in WALawHbk
Complaints and A person who has suffered mistreatment at the hands of police during their arrest, interrogation or prosecution has the right to make a complain...
MedicalExamination in WALawHbk
Medical examination and During the investigation of a charge, the police may wish to obtain evidence through an examination of the person, the taking of swabs f...
IdentificationProcedure in WALawHbk
Identification procedure and The police may request a suspect to take part in an identification parade. An identification parade usually involves the suspect be...
ArrestInterrogationAndBail in WALawHbk
Arrest, Interrogation and Bail and * Arrest * Police questions * Confessions admissions * Identifying material * Identification procedure *...
IdentifyingMaterial in WALawHbk
Identifying material and To establish whether a person has committed an offence the police may seek to obtain a sample of identifying material from a person. Th...
ConfessionsAndAdmissions in WALawHbk
Confessions and Admissions and A confession is a statement by a person accepting that they have committed an offence. An admission is a statement by a person th...
PoliceQuestions in WALawHbk
Police questions and The general rule is that you have a right to silence which means that you are not required to answer police questions. There are exceptions...
PrisonOffences in WALawHbk
Prison offences and Breaches of discipline by people in prison are covered by the Prisons Act 1981. Sections 69 and 70 of the Prisons Act 1981 sets out what can...
Complaints in WALawHbk
Complaints and Prisoners are required to promptly obey orders given by prison officers. If the prisoner has a complaint, he or she should obey the order but may...
PrisonerRights in WALawHbk
Prisoner rights and Overview The Prisons Act 1981 and the Prison Regulations 1982 contain several provisions dealing with the treatment and management of priso...
Prisoners in WALawHbk
Prisoners and As noted above, imprisonment is one sentencing option open in relation to certain crimes. The Prisons Act 1981 (WA) and related Regulations govern...
Parole in WALawHbk
Parole and Parole is the conditional release of prisoners who have already served part of their sentence. It means prisoners can serve the remainder of their se...
PreparingForSentencing in WALawHbk
Preparing for sentencing and A person getting ready to be sentenced should organise written references for the court and also prepare what is going to be said t...
SentencingForCommonwealthOffences in WALawHbk
Sentencing for Commonwealth offences and Relevant principles in sentencing Section 16A of the Crimes Act 1914 (Cth) sets out the principles a court is to consi...
SentencingForStateOffences in WALawHbk
Sentencing for State offences and Sentencing principles Where a person is convicted of a crime, that person is then sentenced in accordance with the Sentencing...
CarAccidentContactPoints in WALawHbk
Contact points other useful resources and Persons who have suffered personal injuries as a result of a motor vehicle accident should seek independent legal ad...
SettlementOfClaim in WALawHbk
Settlement of claim and Settlement for any personal injury claim should not be entered into until an injured person’s medical condition has stabilised. In the e...
ImportantTimeLimits in WALawHbk
Important time limits and Lodging a Claim It is important to contact ICWA as soon as practicable after a motor vehicle accident to obtain the necessary claim f...
MinorsAndPersonsUnderADisability in WALawHbk
Minors and persons under a disability and Where the injured person is under the age of 18 years or incapable of managing their own legal and financial affairs, ...
HowToMakeAClaimForCompensation in WALawHbk
How to make a claim for compensation and CTP Scheme 1 Report your accident as soon as possible by using the Online Crash Reporting Facility: www.crashreport...
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