200 recent changes in ACTLawHbk Web retrieved at 22:32 (AEST)
CapacityAndSupportedDecisionMaking
in ACTLawHbk
Capacity and Supported Decision Making and Definition of capacity and impaired decision making ability Capacity is generally defined as the ability to make a d...
NationalDisabilityInsuranceScheme
in ACTLawHbk
National Disability Insurance Scheme and NDIS overview The main objective of the National Disability Insurance Scheme (NDIS) is to provide all Australians who ...
DisabilityAndTheLaw
in ACTLawHbk
Disability and the Law and Disability Overview Defining Disability Disability is defined in several ways in legislation and policy or program documents. The D...
BeginningATenancy
in ACTLawHbk
Beginning a Tenancy Contributed by Tenancy Advice Service (a division of Legal Aid
ACT) and Peter Christensen and current to March 2020. There are many ways to fi...
ResourcesandLinks
in ACTLawHbk
Resources and Links and . The Tenancy Advice Service (A Division of Legal Aid
ACT) has a number of resources available on its website. Standard Lease Agreement ...
DuringATenancy
in ACTLawHbk
During a Tenancy Contributed by Peter Christensen and Tenancy Advice Service (a division of Legal Aid
ACT) and current to March 2021. Access and Privacy A tenant...
RehabilitationServices
in ACTLawHbk
The Correction Programs Unit facilitates programs at the AMC and the community corrections programs in Canberra. Additional programs are facilitated by internal a...
DrugAndAlcoholSentencingList
in ACTLawHbk
See also Drug and Alcohol Treatment Order above. The
ACT Supreme Court has a sentencing option for people whose drug and alcohol use has contributed to their offe...
Overview
in ACTLawHbk
Overview Workers Compensation Schemes and . Workers Compensation – Principles and Features Workers compensation is a scheme for payment of compensation to an in...
WebNotify
in ACTLawHbk
* .BenMason: ComcareScheme * .WikiGuest
VeteransAdvocacyAndSupport
in ACTLawHbk
Veterans' Advocacy and Support and . There are a significant number of agencies, government and non government, which play a role in respect of veterans’ advocac...
Offences
in ACTLawHbk
Content to be provided shortly. If you have any questions, please do not hesitate to contact the Legal Aid
ACT helpline on 1300 654 314.
Cycling
in ACTLawHbk
Content to be provided shortly. If you have any questions, please do not hesitate to contact the Legal Aid
ACT helpline on 1300 654 314.
DrivingAndMotorcycling
in ACTLawHbk
Content to be provided shortly. If you have any questions, please do not hesitate to contact the Legal Aid
ACT helpline on 1300 654 314.
HealthAndSafetyRepresentativesAndCommittees
in ACTLawHbk
Health and Safety Representatives and Committees and . A health and safety committee is a useful forum for consultation on work health and safety issues. A commi...
AdvanceCarePlanning
in ACTLawHbk
Advance Care Planning and Advance care planning is a series of steps that can be taken to plan future health care. The aim of advance care planning is to promot...
SuperannuationAndEstates
in ACTLawHbk
Superannuation and Estates and . . Does superannuation form part of your estate? Generally, superannuation does not form part of your estate unless the trustee ...
GettingHelp
in ACTLawHbk
Getting help and Many victims/survivors of sexual assault go through their lives without ever accessing support. They can struggle for many years, decades or ev...
ReportingSexualAssaultandCriminalProceedings
in ACTLawHbk
Reporting sexual assault and criminal proceedings and There are many people who decide not to report to police for a range of reasons, not least because it can ...
Funds
in ACTLawHbk
Bridging Visas , and NOTE: Readers should be aware that the Migration legislation changes frequently. Before using the information listed here, we recommend tha...
MentalIllness
in ACTLawHbk
For information on mental health and the law, see the Mental Health Law section of the
ACT Law Handbook.
VeteransRehabilitation
in ACTLawHbk
Veterans Rehabilitation and . Rehabilitation programs are available under the VEA (Part VIA) and the MRCA (Chap 3) to improve the quality of life of a veteran an...
VeteransReviewAndAppeals
in ACTLawHbk
Veterans Reviews and Appeals and . There is a right of appeal or review for most veterans matters. These include internal review by the Commission and external r...
VeteransMedicalAndOtherTreatment
in ACTLawHbk
Veterans Medical and Other Treatment and . Medical Treatment VEA The Commission may provide medical and other treatment for eligible veterans under
Part V VEA...
Rehabilitation
in ACTLawHbk
Rehabilitation Rehabilitation programs are available under the VEA (Part VIA) and the MRCA (Chap 3) to improve the quality of life of a veteran and to assist the ...
Remand
in ACTLawHbk
Sentencing and . The majority of people accused of offences either plead guilty or are found guilty of at least some of the charges levelled against them. The la...
DiscriminationContactsAndResources
in ACTLawHbk
Contacts and Resources and . Getting legal advice You can seek free legal advice about your rights to be treated fairly and inclusively as required by
ACT discr...
CthAntiDiscriminationFrameworks
in ACTLawHbk
Federal Discrimination Protections and . The Australian Human Rights Commission (AHRC) is able to investigate and resolve complaints of discrimination, harassmen...
WhatToDoIfYouThinkYouDefamedSomeone
in ACTLawHbk
What to do if you think you have defamed someone and . Seek legal advice. Apologising or retracting won’t necessarily constitute admission of liability
(s132 Civ...
WhatToDoIfYouThinkSomeoneHasDefamedYou
in ACTLawHbk
What to do if you think someone has defamed you and . Seek legal advice. Remember, the ‘published’ matter must cause the average person to think less of you. Per...
DefamationAtWork
in ACTLawHbk
Defamation at work and . Sharing workplace investigation information with more than just those legitimately involved, even accidentally, can amount to defamation...
DefamationOnTheInternetAndSocialMedia
in ACTLawHbk
Defamation on the Internet and Social Media and . People posting on social media need to be aware that the law of defamation applies to them. There are an increa...
DefencesAndRemedies
in ACTLawHbk
Defences and Remedies and . Defences Whilst there are numerous defences to the publication of defamatory matter (see Civil Law (Wrongs)
Act s135 139D), the most...
WhatItMeansToHarmAPersonSReputation
in ACTLawHbk
What does it mean to harm a person’s reputation? and . At law, everyone is presumed to have a good reputation unless facts are proven in court to show that this ...
WhatIsDefamation
in ACTLawHbk
What is defamation? and . What is defamation? Defamation occurs when ‘matter’ identifying a party and harming that party’s reputation is published (see below fo...
EmploymentContactsAndResources
in ACTLawHbk
Contacts and Resources , and . Fair Work Ombudsman www.fwo.gov.au Fair Work Commission www.fwc.gov.au Australian Human Rights Commission www.ahrc.gov.au
ACT ...
TerminationofTenancy
in ACTLawHbk
Termination of Tenancy , and The termination of a Housing
ACT tenancy by either party is governed by the Standard Terms of the
Act and the powers of the ACAT at...
DefamationContacts
in ACTLawHbk
Contacts and . Legal Aid
ACT does not receive funding to assist with defamation matters. For up to date information regarding private practitioners in the
ACT, p...
NationalEmploymentStandards
in ACTLawHbk
National Employment Standards , and . The National Employment Standards (NES) are minimum employment standards that apply to employees covered by the Fair Work A...
SourcesOfEmploymentRightsAndObligations
in ACTLawHbk
Sources of Employment Rights and Obligations , and . Broadly speaking, the sources of employment rights and obligations are: 1 The Fair Work
Act; 1 Modern ...
Overpayments
in ACTLawHbk
Overpayments , and Chapter 5 SSA Where a person is paid a pension, benefit or allowance to which they are not entitled, a debt may be owed to the Commonwealth. ...
InternationalAgreements
in ACTLawHbk
International agreements , and International pension agreements allow residents who move from or to Australia from one of these countries to qualify for some pe...
Discrimination
in ACTLawHbk
Discrimination , and . In addition to the general protections provided by the Fair Work
Act, there is also Federal and territory legislation protecting individual...
BullyingAtWork
in ACTLawHbk
Bullying at Work , and . Under the Fair Work
Act, a worker is bullied at work if they are subject to repeated unreasonable action which creates a risk to health ...
TerritoryAndCommonwealthLegislation
in ACTLawHbk
Territory and Commonwealth Legislation , and . In addition to the Fair Work
Act, the Federal Government, along with its state and territory counterparts, has ena...
TypesOfWorkers
in ACTLawHbk
Types of Workers , and . Before discussing rights and obligations of employees, it is necessary to determine whether or not a worker is an employee, and what typ...
EmploymentIntroduction
in ACTLawHbk
Introduction , and This section provides information about employment law as it operates in the Australian Capital Territory. It covers: * Types of workers; ...
SuperannuationAndEmployment
in ACTLawHbk
Superannuation , and . Superannuation is often thought of as one of the key benefits enjoyed by Australian employees. However, the source of the employee’s right ...
EmploymentRecords
in ACTLawHbk
Employment Records , and . Under the Fair Work
Act and Fair Work Regulations 2009 (see part 3 6 of the regulations) an employer must give the employee a payslip ...
WorkHealthAndSafety
in ACTLawHbk
Work Health and Safety , and . Statutory Work Health and Safety Obligations In the
ACT, employers must ensure their compliance with the Work Health and Safety A...
GeneralProtectionsPart31FairWorkAct
in ACTLawHbk
General Protections (Part 3 1 Fair Work
Act) , and . Introduction General protections safeguard the rights of employees, employers and (in certain circumstances...
TerminationOfEmployment
in ACTLawHbk
Termination of employment , and . There are a number of ways that employment can be terminated. The most common ways are by resignation and dismissal. The Fair W...
EmploymentContractsAndPolicies
in ACTLawHbk
Employment Contracts and Policies , and . All employees have a contract of employment. The contract can be written or oral (or partly written and partly oral), h...
EnterpriseAgreements
in ACTLawHbk
Enterprise Agreements , and . Enterprise Agreements are instruments which specify matters relating to the relationship between an employer and employee. In effec...
ModernAwards
in ACTLawHbk
Modern Awards , and . Fair Work
Act and Modern Awards Under the Fair Work
Act, modern awards provide part of the national safety net of employment terms and con...
MedicalAndOtherTreatment
in ACTLawHbk
Medical and Other Treatment Medical Treatment VEA The Commission may provide medical and other treatment for eligible veterans under
Part V VEA. A veteran of a...
GuardianshipandManagementofProperty
in ACTLawHbk
Guardianship and Management of Property This section is discussed in Guardianship and Financial Management section of the Older People and the Law Chapter (see Gu...
SocialSecurityMoreInformation
in ACTLawHbk
More information , and Publications The Guide to Social Security Law published by Centrelink (which sets out the rules it follows in administering all income s...
SocialSecurityAppealsProcess
in ACTLawHbk
Social security appeals process , and Introduction If a person is affected by a Centrelink decision, they have the right to appeal that decision. If a person i...
ConcessionCards
in ACTLawHbk
Concession cards , and Health Care Card The Health Care Card is automatically issued to people receiving a social security allowance or benefit, to those recei...
Bonuses
in ACTLawHbk
Bonuses , and Baby Bonus The Baby Bonus has been replaced with the Newborn Supplement and Newborn Upfront Payment. Newborn Supplement and Newborn Upfront Payme...
AllowancesAndPayments
in ACTLawHbk
Allowances and payments , and Austudy Eligibility (ss 7, 568) To be eligible for Austudy, a person must satisfy an activity test, be at least 25 (unless recei...
Pensions
in ACTLawHbk
Pensions , and Age Pension Eligibility (ss 7, 23, 43) To be eligible for the Age Pension, a person must have reached pension age according to gender and date o...
IntroductionAndKeyLegislation
in ACTLawHbk
Social Security introduction and key legislation , and NOTE: Rates of pensions and allowances change regularly. Always check current rates with Centrelink. On...
Portability
in ACTLawHbk
Portability , and Sections 1211–1221 A pension or allowance may be portable if the person was receiving a payment immediately before they left Australia, or if ...
ContactsandLinks
in ACTLawHbk
Contacts and Links and Canberra Community Law (formerly Welfare Rights and Legal Centre)Telephone advice service: 6218 7977Website: www.canberracommunitylaw.org...
TheAppealsProcess
in ACTLawHbk
The Appeals Process , and Administrative Review Most administrative decisions of Housing
ACT may be appealed. Reviewable decisions (see clause 30 of the Progra...
DuringtheTenancy
in ACTLawHbk
During the Tenancy , and Standard Terms A Housing
ACT tenancy is subject to the same Standard Terms of the RTA as all
ACT tenancies. These terms regulate the r...
ApplyingforHousingACT
in ACTLawHbk
Applying for Housing , and A standard Registration form is used for all applications for housing assistance, including transfer applications. Housing
ACT has pr...
IntroductiontoPublicHousingACT
in ACTLawHbk
Introduction , and The history of public housing in the
ACT is markedly different from that elsewhere in Australia in that public housing was a fundamental part ...
ImpactsandEffects
in ACTLawHbk
Impacts and effects and The impacts and effects of sexual assault can be broad ranging, and will depend on a range of factors, including the age of the person a...
SexualOffencesContactsAndResources
in ACTLawHbk
Contacts and Resources and Canberra Rape Crisis Centre (CRCC) Our Crisis Line: (02) 6247 2525 (7.00am 11.00pm, 7 days a week)Business Line: (02) 6287 3618 (9.0...
BeyondSexualAssault
in ACTLawHbk
Looking Forward and People can, and have, managed to rebuild their lives after sexual assault and abuse. Here at the Canberra Rape Crisis Centre, we have suppor...
MythsAboutSexualAssault
in ACTLawHbk
Myths about sexual assault and Because rape is such an inhuman experience, some people like to pretend it doesn’t occur in our community. Some people may think ...
WhatDoestheLawSayAboutSexualOffences
in ACTLawHbk
What does the law say about sexual offences? and Sexual Assault Sexual assault is a crime in all jurisdictions throughout Australia. People who engage sexually...
MedicalandForensicFollowUp
in ACTLawHbk
Medical / forensic follow up and Getting Medical Attention Following a sexual assault, the most important thing is safety, followed by medical attention when...
ImmediateNeedsAfterSexualAssault
in ACTLawHbk
Immediate needs after sexual assault and Safety The first priority after a sexual assault is safety. In an emergency you or another person can contact police t...
SexualAssaultHappens
in ACTLawHbk
Introduction and Sexual assault is an abuse of power and a crime. It does not discriminate, unfortunately anyone can be a victim of sexual assault: women, child...
Homelessness
in ACTLawHbk
Anusha Goonetillieke and assistance from Liam Meagher. Last updated 14 November 2017. Anusha Goonetillieke with acknowledgement to Liam Meagher for his assistance...
RetirementVillages
in ACTLawHbk
Retirement villages and In the later years of life, people may be required to find alternative accommodation which provides them with higher levels of care than...
ElderAbuse
in ACTLawHbk
Elder Abuse and Elder abuse, as described by the World Health Organisation, is ‘a single, or repeated act, or lack of appropriate action, occurring within any r...
GuardianshipandFinancialManagement
in ACTLawHbk
Guardianship/Financial Management and If a person has not appointed an Attorney, the Attorney is acting improperly, or there is a dispute amongst appointed Atto...
EnduringPowersOfAttorney
in ACTLawHbk
Enduring Powers of Attorney and An Enduring Power of Attorney is a legal document by which a person (the Principal) appoints another person or people (the Attor...
AttorneySObligations
in ACTLawHbk
Attorney's Obligations and An Attorney should read the Enduring Power of Attorney document in full and understand the obligations of an Attorney. There can be s...
OlderPeopleContactsAndResources
in ACTLawHbk
Contacts and Resources and Enduring Powers of Attorney *
ACT Law Society: https://www.actlawsociety.asn.au * Access Canberra: https://www.accesscanberra...
IntroductiontoOlderPeopleandtheLaw
in ACTLawHbk
Introduction and Our legal needs change over the course of our lives. Elder law is an area of legal practice that focuses on issues that affect the ageing popul...
PermanentEntryVisaEconomicMigration
in ACTLawHbk
Permanent entry visa: economic migration , and Independent and sponsored skilled migrants The migration law states that to enter, an independent migrant must b...
EntryByMigrants
in ACTLawHbk
Entry by Migrants , and Three types of permanent entry visas Australia’s immigration policy is stated to be selective but non discriminatory in terms of race, ...
ChangingStatus
in ACTLawHbk
Changing status , and Introduction Visitors and temporary residents in Australia may apply for change of status to another temporary class or a permanent class...
TemporaryResidence
in ACTLawHbk
Temporary residence , and Eligibility Temporary residence is the entry for specified short or long term periods to engage in employment or other pursuits in A...
ConsumerCreditContactsAndResources
in ACTLawHbk
Contacts and Resources and Consumer Law Centre of the
ACT Tel: (02) 6143 0044Monday to Friday 9am 5pmWednesday after hours drop in service 5.30pm 7.30pmhttp...
Guarantees
in ACTLawHbk
Guarantees and A guarantee is a binding agreement involving the credit provider, the debtor and the guarantor. A guarantor is a person who agrees to make credit...
Mortgages
in ACTLawHbk
Mortgages and Section 204 of the NCC defines a mortgage as including (among other things) any interest in, or power over, property securing obligations of a deb...
CreditDisputes
in ACTLawHbk
Disputes and Credit licensees must have a dispute resolution system that consists of: * internal dispute resolution (IDR) procedures that meet the standards ...
ProtectionsAtThePointOfEnforcement
in ACTLawHbk
Protections at the point of enforcement and Enforcement The credit law sets out a process that must be followed before a debt can be enforced. Under s 88 of th...
TheCreditContract
in ACTLawHbk
The credit contract and The credit contract itself must be in writing, signed by the credit provider and either signed by the debtor or shown to be accepted thr...
WhoIsRegulated
in ACTLawHbk
Who is regulated? and From 1 July 2010 any person engaging in a “credit activity” will need to have an Australian Credit License (“ACL”), unless they are exemp...
CreditNotCoveredByTheNCC
in ACTLawHbk
Credit not covered by the NCC and The Credit Law does not apply to the following types of arrangements: * Business loans or loans mainly for business purpos...
CreditContractsRegulatedByTheNCC
in ACTLawHbk
Credit contracts regulated by the NCC and The credit law applies to a variety of consumer credit products, including: * Credit contracts (a contract under wh...
NationalCreditLaws
in ACTLawHbk
National Credit Laws and A national legislative framework governing the provision of consumer credit commenced on 1 July 2010. It comprises the National Consume...
SocialSecurityContacts
in ACTLawHbk
%TOC Contacts and Administrative Appeals Tribunal (AAT) Level 8, 14 Moore Street, Canberra
ACT 2601Phone: 02 62434600 Post: GPO Box 9955Canberra
ACT 2601 Can...
WebPreferences
in ACTLawHbk
ACTLawHbk Web Preferences Appearance * Set WEBBGCOLOR = #efefef * web specific background color, current color * Set SITEMAPLIST = on * set t...
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in ACTLawHbk
WebBottomBar Default WebBottomBar component. Please do not modify. Use .WebBottomBar instead. %IF{"'' ingroup 'AdminGroup'" then=' %FORMATLIST{ "%FLEXWEBL...
WebMenu
in ACTLawHbk
WebMenu Definition of site wide horizontal menu Implementation %IF{"'' ingroup 'AdminGroup'" then="$percntINCLUDE{\".SiteMenu\" section=\"admin...
FurtherResources
in ACTLawHbk
Further resources and Blackshield, Anthony et al, Australian Constitutional Law and Theory: Commentary and Materials (Federation Press, 6th ed, 2014) Cane, Pete...
LegalAidFundingAndFOI
in ACTLawHbk
Legal Aid funding and FOI and Can I get advice about an FOI request? Legal Aid
ACT will give free information and duty advice regarding freedom of information ...
GoingToCourt
in ACTLawHbk
Going to Court and What does this section cover? This section covers court proceedings and procedures in the Family Courts and provides advice for self represe...
RemovalAndDeportation
in ACTLawHbk
Who may be removed? Unlawful non citizens are subject to automatic removal from Australia under the Migration
Act. All persons without Australian citizenship who ...
IntroductionToOlderPeopleAndTheLaw
in ACTLawHbk
Introduction Our legal needs change over the course of our lives. Elder law is an area of legal practice that focuses on issues that affect the ageing population....
IntroductionToElderLaw
in ACTLawHbk
Introduction Our legal needs change over the course of our lives. Elder law is an area of legal practice that focuses on issues that affect the ageing population....
CurrentStateOfLawInACT
in ACTLawHbk
Elder Abuse Law in the
ACT There are no specific laws dealing with elder abuse in the
ACT. There are some Federal laws which address elder abuse. For example, und...
HowToPreventElderAbuse
in ACTLawHbk
Prevention Elder Abuse can be prevented by: * seeking legal advice from qualified lawyers when doing Enduring Powers of Attorney (who can assist people to appo...
WhoIsAtRisk
in ACTLawHbk
Who is at risk Elderly who may identify with any or a combination of the following risk factors may be at risk of Elder Abuse, please note that this list is not e...
TypesAndSignsOfElderAbuse
in ACTLawHbk
Types of abuse and signs of abuse Elder abuse can take various forms, such as physical abuse, psychological or emotional abuse, financial abuse, sexual abuse and ...
GuardianshipAndManagementOfProperty
in ACTLawHbk
Guardianship and Management of Property If a person has not appointed an Attorney, the Attorney is acting improperly, or there is a dispute amongst appointed Atto...
ElderLaw
in ACTLawHbk
Introduction Our legal needs change over the course of our lives. Elder law is an area of legal practice that focuses on issues that affect the ageing population....
DifferentAreasOfTheLaw
in ACTLawHbk
Different Areas of the Law Australian law can be private (concerning private individuals) and public (concerning our society as a whole) (See, What is Australian ...
RoleOfCourtsInLaw
in ACTLawHbk
What is the role of the Courts in making and enforcing the law? Judge made law The Courts make and enforce the law every time they hear a case and are required t...
RoleOfGovernmentInLaw
in ACTLawHbk
What is the role of the government in making and enforcing the law? All levels of government in Australia have a role in making and enforcing the law. Making the...
Advocacy
in ACTLawHbk
Content to be provided by Karen Toohey.
ImprisonmentInTheACT
in ACTLawHbk
Prison and Community Corrections Introduction The
ACT opened its first prison – the Alexander Maconochie Centre (AMC) in 2009. Before that, all people sentence...
VictimSupportInTheACT
in ACTLawHbk
Victim Support in the
ACT The Rights of Victims of Crime Key legislation and responsible agencies Victim Support
ACT is the Government’s legislated service for ...
WhatIsMatter
in ACTLawHbk
What is 'matter'? Section 116 of the Civil Law (Wrongs)
Act defines matter very broadly to include: a) an article, report, advertisement or other thing communic...
Parole
in ACTLawHbk
Parole For most sentences that are at least one year long, a detainee may apply to be released on parole at the end of their non parole period (for example, if th...
TestOne
in ACTLawHbk
Main.StephanieBooker 06 Mar 2018 Test one
OnRelease
in ACTLawHbk
On Release Throughcare The Extended Throughcare program aims to support the successful reintegration of offenders after release from prison, thereby seeking to r...
InformationAndConsent
in ACTLawHbk
Consent When you go to a doctor such as a general practitioner or another health professional, that person must obtain your consent before any treatment or proced...
SexualViolenceInAustralia
in ACTLawHbk
Main.MichelleWorthington 27 Apr 2017 Sexual Violence in Australia Sexual Violence in Australia
AttributionForm
in ACTLawHbk
Attribution Form This is a maintenance topic, used by the Wiki administrator. Name Type Size Values Tooltip message Attributes AustLII _Cont...
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in ACTLawHbk
%IF{"$WEBSUMMARY = ''" then=" "}% * Table of contents Project Description The
ACT Law Handbook is under construction. During this process, the Handbook may c...
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in ACTLawHbk
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