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 English guide to the law in WA, compiled by the Sussex St Community Law Service Inc.
Simply browse and click on any of the more than 30 topic headings, or use the search box in the top right corner to search over all the content to find what you need.
About the WA Legal System
- What is 'law'?
- What is a legal system?
- Who makes the law?
- Separation of powers
- The adversarial system
- The courts: State courts
- The courts: Commonwealth courts
- Who's who in the courts
- Tribunals
- Self-representation
- Finding the law
- Contact points and other resources
Aboriginal and Torres Strait Islander Peoples
- Introduction
- Aboriginal traditional lore
- Key events affecting ATSI justice issues
- Family law
- Criminal law
- Aboriginal children and the law
- Discrimination
- International law, rights and obligations
- Aboriginal corporations
- Legal assistance in WA
- Contact points and other resources
Alternative Dispute Resolution
Arrest, Interrogation and Bail
- Arrest
- Police questions
- Confessions & admissions
- Identifying material
- Identification procedure
- Medical examination
- Search
- Complaints against police
- Extradition
- Bail
Car Accidents
- Motor vehicle accidents
- What should be done following a motor vehicle accident
- Types of claims
- Claiming for motor vehicle property damage following a motor vehicle accident
- Insurance regarding motor vehicle accidents
- Compulsory third party insurance
- Catastrophic Injuries Support Scheme
- When to make a claim under the CTP Scheme vs. under the CIS Scheme
- Dependency claims
- Considerations before commencing litigation for property damage
- How to make a claim for compensation
- Handling a property damage claim without a lawyer
- Minors and persons under a disability
- Important time limits
- Claims for property damage that are contested in court
- Poor repair work
- Settlement of claim
- Injuries arising from motor vehicle accidents and compensation claims
- Contact points
Challenging Government Decisions
- Rules for government decision-making
- Types of review available for government decisions
- In what circumstances can you apply to review a government decision
- Outcomes available when challenging a government decision
- Process and procedure for challenging a government decision
- Contact points and useful resources
Children and Young People
- Protection and care - Introduction
- Protection and care - When a child is in need of protection
- Protection and care - Before a child is taken into care
- Protection and care - After a child is taken into care
- Proteciton and care - Going to Court
- Protection and care - If you are a child in care
- Protection and care - Getting help
- Children and the criminal law
- General rights
Credit
- Introduction
- Coverage of the National Credit Code
- Credit Contracts
- Mortgages and Guarantees
- Changes to obligations under credit contracts, mortgages and guarantees
- Enforcing and ending credit contracts, mortgages and guarantees
- Penalties for breach of the National Credit Code
- Related sale contracts and insurance contracts
- Consumer leases
- Contact points and useful resources
Crime
- Introduction
- General principles
- Common offences
- Courts
- Effect of conviction
- Other
- Contact points and useful resources
Disability and the Law
- Introduction
- Rights
- Services
- Advocacy services
- Personal relationships
- Consumer rights
- Employment & industrial issues
- Criminal justice
- Contact points and other useful resources
Discrimination
- Introduction
- State discrimination law
- Federal discrimination law
- Contact points and other useful resources
Employment
- An overview of employment law in Australia
- Awards and agreements
- Contracts of employment
- Restraints and post-employment restrictions
- Workplace rights, equal opportunity and discrimination
- Bullying
- Enforcing your entitlements
- Termination of employment
- Other employment law information and contacts
Environment and Planning
Family
- Definitions
- Marriage
- De Facto Relationships
- Breakdown of a Marriage or De Facto Relationship
- Separation and Divorce
- Children
- Child Support
- Property and Spousal Maintenance
- De Facto Relationships that ended before Dec 1 2002 or were of less than 2 years' duration
- Application procedure for parenting and financial orders
- Appeals and Reviews
- Resources
Family and Domestic Violence
- Introduction
- What is family violence?
- Restraining orders
- Professional responses to family violence by lawyers and other service professionals
- Where to go for help
Health Consumers' Rights
- The doctor-patient relationship
- Consent to treatment
- Medical negligence
- Access to health information
- Public health
- Death and tissue transplantation
Human Rights Complaints to the United Nations
- What human rights are protected?
- United Nations complaints mechanisms
- Why seek international remedies?
- How to make a complaint?
- What happens once a complaint is made?
- Contact points and useful resources
Immigration
- Overview of the Australian visa system
- Visas for non-citizens
- Character and health requirements
- Visa compliance, cancellation, removal and re-entry
- Review of decisions
- Citizenship
- Migration Agents and the Office of the Migration Agents Registration Authority
- Dealing with the Department of Home Affairs
- Contacts and useful resources
Injuries
- Injuries at home, on land or other premises
- Injuries at work
- Workers' compensation
- Comcare
- Common law claims for damages
- Compensation for recreational injuries
- Compensation for victims of crime
- Contact points
Legal Assistance
- When to seek legal help
- Working with lawyers
- Where do I go for legal assistance?
- Other legal services
- Other services which may be of assistance
- Interpreters
- Complaints against lawyers
- Lawyer's fees
- Contact points and other useful resources
Mental Health
Native Title & Aboriginal Land and Heritage
Penalties and Prisoners
- Sentencing for State offences
- Sentencing for Commonwealth offences
- Preparing for sentencing
- Appealing a sentence
- Parole
- Prisoners
- Prisoner rights
- Complaints
- Prison offences
- Release from prison
Privacy Rights
- The right to privacy
- Reforms 2017 and 2014
- The Privacy Act
- Australian Privacy Principles (APP)
- Other legislation
- Complaints to the Commissioner
- State privacy legislation
- Contact points and useful resources
Superannuation
- What is Superannuation?
- Superannuation Funds
- Superannuation Guarantee and Choice of Funds
- Contributions
- Taxation of Superannuation
- Death and Superannuation
- Trustee decisions and disputes
- Access to Super
- Family Law and Superannuation
- Self-managed Superannuation funds
Taxation
- Introduction
- How is your tax liability determined?
- Your responsibilities as a taxpayer
- The tax return
- Assessable income
- Capital gains/losses
- Allowable deductions
- Tax rates
- Offsets/Rebates
- Dividends: the imputation system
- Medicare levy
- HECS/HELP debts
- Tax file numbers
- Filing your tax return
- Assessments
- Private rulings and oral rulings
- Penalties and offences relating to tax returns
- Objections, reviews and appeals
- Paying your tax
- Pay-As-You-Go (PAYG)
- Fringe benefits tax
- Goods and services tax
- State duties and taxes
- Contact points
Wills, Estates and Funerals
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