100 recent changes in ACTLawHbk Web retrieved at 03:24 (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 ...
GoingToTheACTCivilAndAdministrativeTribunal
in ACTLawHbk
EndingATenancy
in ACTLawHbk
Ending a Tenancy and . Ending a tenancy and breaking a lease The Residential Tenancies Act 1997 (ACT) ('the Act') permits a tenant to leave a tenancy in various...
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...
AboriginalAndTorresStraitIslanderSpecificProgramsAndServices
in ACTLawHbk
As outlined in the Corrections Management (Aboriginal and Torres Strait Islander Detainee and Offender) Policy 2018, ACTCS is committed to addressing the over rep...
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...
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.
WorkersRepresentationAndConsultation
in ACTLawHbk
Workers Representation and Consultation and . One of the objects of the Work Health and Safety Act 2011 is the provision of fair and effective workplace represen...
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...
SupportersofPeopleWhomHaveExperiencedSexualAssault
in ACTLawHbk
Supporters of people who have experienced sexual assault and My Friend Or Family Member Has Been Sexually Assaulted, What Can I Do? If someone chooses to tell ...
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...
MilitaryRehabilitationAndCompensationAct2004
in ACTLawHbk
VeteransEntitlementsAct1986
in ACTLawHbk
Veterans' Entitlements Act 1986 and . Structure of the VEA The VEA comprises contains 35 Parts; broadly the structure is: * Part 1 – Preliminary – definition...
OverviewOfVeteransLegislation
in ACTLawHbk
Overview of Veterans Legislation and . The Veterans’ Entitlements Act 1986 (Cth) (VEA) is the principal legislation which governs entitlements to pension or comp...
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...
ACTAntiDiscriminationFrameworks
in ACTLawHbk
The ACT Discrimination Act and . Right of Action Under the Discrimination Act 1991 (ACT) ("the Act"), a person can make a complaint to the ACT Human Rights Comm...
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
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
DefamationContacts
in ACTLawHbk
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
Pawnbrokers
in ACTLawHbk
Pawnbrokers and In the ACT Pawnbrokers are regulated by the Pawnbrokers Act 1902 (ACT) (“Pawnbrokers Act”). A pawnbroker is defined under the Pawnbrokers Act as...
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...
CompensationAndDamagesPayments
in ACTLawHbk
Compensation and damages payments , and Section 17 and part 3.14 Compensation payments are treated differently under social security law. Section 17(2) (SSA) d...
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
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...
ApplicationoftheLaw
in ACTLawHbk
The application of the Residential Tenancies Act 1997 and the Housing Assistance Public Rental Housing Assistance Program 2013 , and The Residential Tenancies A...
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...
SexualAssaultWithinParticularGroupsandCommunities
in ACTLawHbk
Sexual assault within particular groups and communities and This section takes into account special considerations regarding sexual assault faced by those in di...
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...
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