You are here: ACTLawHbk » WebChanges

1000 recent changes in ACTLawHbk Web retrieved at 08:12 (AEDT)

ComplainingToTheACTHumanRightsCommission in ACTLawHbk
Complaining to the ACT Human Rights Commission Contributed by Elizabeth Samra and Karen Toohey. Current to December 2021. Complaints about vulnerable adults Fro...
PurposeOfTheActLawHandbook in ACTLawHbk
The Purpose of the ACT Law Handbook and We all need to know about the law at some point in our lives. The ACT Law Handbook has been written by academics, lawyer...
PrisonersAndCommunityCorrectionsContactsAndResources in ACTLawHbk
Contacts and Resources . Current to December 2021. There are a range of services available to detainees once they are released from the AMC. Some of these service...
OffencesCommittedInPrison in ACTLawHbk
Offences Committed in Prison . Current to December 2021. Detainees are entitled to the protection of the law just like everybody else. If a detainee believes that...
CommunityCorrections in ACTLawHbk
Community Corrections . Current to December 2021. As discussed in the Sentencing section, courts can impose a prison sentence or a range of non custodial penaltie...
ParoleAndOnReleaseFromPrison in ACTLawHbk
Parole . Current to December 2021. 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 paro...
MakingAComplaint in ACTLawHbk
Making a Complaint . Current to December 2021. Information on making a complaint is provided on the ACT Corrective Services website and in the Corrections Manage...
LifeInPrison in ACTLawHbk
Life in Prison .Current to December 2021. Types of Detainees There are two types of detainees held in the AMC. * Sentenced detainees are those who have been ...
IntroductionAndLegalFrameworks in ACTLawHbk
Prison and Community Corrections . Current to December 2021. Introduction The Alexander Maconochie Centre (AMC) is the first (and only) prison in Australia desig...
TaxContactsAndResources in ACTLawHbk
Contacts and Resources Contributed by ACT Revenue Office and current to December 2021. Further information can be found on the ACT Revenue Office’s website: www.r...
PayrollTax in ACTLawHbk
Payroll Tax Contributed by ACT Revenue Office and current to December 2021 Payroll tax is a tax on wages that employers pay employees under thePayroll Tax Act 201...
ACTLawHandbook in ACTLawHbk
Australian Capital Territory Law Handbook Introduction to the Legal System * Purpose of the ACT Law Handbook * Our Legal System * What is the Role of Go...
ConveyanceDuty in ACTLawHbk
Duties Conveyance duty Contributed by ACT Revenue Office and current to December 2021 Conveyance duty (commonly known as stamp duty) is imposed under the Duties ...
LandTax in ACTLawHbk
Land Tax Contributed by ACT Revenue Office and current to December 2021 ACT residential properties that are not your principal place of residence, or otherwise ex...
GeneralRates in ACTLawHbk
General Rates Contributed by ACT Revenue Office and current to December 2021 General rates are applied annually to all parcels of land in the ACT (unless specific...
IntroductionToTaxation in ACTLawHbk
Introduction Contributed by ACT Revenue Office and current to December 2021. The ACT Government imposes taxes to fund a range of city and community services such ...
PublicPlaces in ACTLawHbk
Public Places Contributed by Anusha Goonetilleke, former Supervising Solicitor of Street Law, a program of Canberra Community Law, with acknowledgement to Liam Me...
HomelessnessContactsAndResources in ACTLawHbk
Contacts and Resources Contributed by Anusha Goonetilleke, former Supervising Solicitor of Street Law, a program of Canberra Community Law, and current to 1 June ...
IntroductionToRentalHousingInTheACT in ACTLawHbk
Introduction to Rental Housing in the ACT Contributed by Canberra Community Law and current to December 2021. Introduction Tenancy, in its simplest terms, is an...
Bail in ACTLawHbk
Bail and current to 16 December 2021. All matters concerning the granting or refusal of bail by an authorised officer or by a court in the ACT are governed by th...
ForensicProcedures in ACTLawHbk
Forensic Procedures and current to 16 December 2021. Introduction There are strict rules in place to govern the obtaining and use of what is called forensic evi...
PoliceStopAndSearchPowers in ACTLawHbk
Police Stop and Search Powers and current to 16 December 2021. Power to stop and search people These powers are governed by the ACT Crimes Act 1900 (''Crimes Ac...
PoliceInterrogation in ACTLawHbk
Police Interrogation and current to 16 December 2021. Police powers and responsibilities in relation to the interrogation of suspects is governed by the provisio...
PoliceArrest in ACTLawHbk
Arrest and current to 16 December 2021. The power to arrest In the ACT the power of arrest is regulated by Part 10 (headed Criminal Investigation) of the Crimes...
SentencingContactsAndResources in ACTLawHbk
Sentencing Contacts and Resources . Current to November 2021. Here are some contacts that you might find useful: Aboriginal Legal Servicehttp://www.alsnswact.org...
AppealingASentence in ACTLawHbk
Appealing a sentence . Current to November 2021. After a sentence is imposed in either the Magistrates Court or the Supreme Court, an offender has a right to app...
WarrumbulCircleSentencingCourt in ACTLawHbk
Contributed by Lorana Bartels and Anthony Hopkins. Current to November 2021. The Warrumbul Circle Sentencing Court is a specialist Aboriginal and Torres Strait I...
SentencingInTheChildrenSCourt in ACTLawHbk
Contributed by Lorana Bartels and Anthony Hopkins. Current to November 2021. The minimum age of criminal responsibility is 10. That means that a child under the ...
GalambanyCircleSentencingCourt in ACTLawHbk
Galambany Circle Sentencing Court . Current to November 2021. The Galambany Circle Sentencing Court is a specialist Aboriginal and Torres Strait Islander sentenc...
WhatOrdersCanACourtMake in ACTLawHbk
What orders can a court make? . Current to November 2021. Section 9 of the Sentencing Act sets out the penalties that a court can impose for an offence in the ACT...
HowTheCourtDecidesOnASentence in ACTLawHbk
How the court decides on a sentence Contributed by Lorana Bartels and Anthony Hopkins. Current to November 2021. In deciding on the appropriate penalty that meet...
TheSentencingProcess in ACTLawHbk
The sentencing process . Current to November 2021. The sentencing process can only commence once a person has pleaded guilty or been found guilty of an offence. B...
IntroductionToSentencing in ACTLawHbk
Introduction Contributed by Lorana Bartels and Anthony Hopkins. Current to November 2021. A sentence is a penalty imposed on someone for an offence of which they...
VictimsOfCrimeContactsAndResources in ACTLawHbk
Contacts and Resources Contributed by Elysha Treacy and Allison Munro from Victim Support ACT. Current at 16 December 2021. Victim Support ACT Phone: 1800 822 272...
SupportForVictimsOfCrime in ACTLawHbk
Support for Victims of Crime in the ACT Contributed by Elysha Treacy and Allison Munro from Victim Support ACT. Current at 16 December 2021. The Victims Services...
TheRightsOfVictimsOfCrime in ACTLawHbk
Victim Support in the ACT Contributed by Elysha Treacy and Allison Munro from Victim Support ACT. Current at 10 December 2021. The Rights of Victims of Crime Vict...
CoronialInquestsAutopsiesAndTheLaw in ACTLawHbk
Coronial Inquests, Autopsies and the law Contributed by Isabel Roper and current at 16 December 2021. Relevant legislation The governing Act in the ACT is the ...
AccessToMedicalRecordsAndConfidentiality in ACTLawHbk
Access to Medical Records and Confidentiality Contributed by Robin Gibson and current at 16 December 2021. One of the patient rights in the Australian Charter of...
HealthConsent in ACTLawHbk
Consent Contributed by Robin Gibson and current at 16 December 2021. Consent When you go to a doctor such as a general practitioner or another health profession...
HealthLawContactsAndResources in ACTLawHbk
Contacts and Resources Contributed by Robin Gibson and current at 16 December 2021. Australian Commission on Safety and Quality in Health Care Australian Commiss...
ComplaintsAndCompensation in ACTLawHbk
Complaints and Compensation Contributed by Robin Gibson and current at 16 December 2021. Complaints and Whistleblowing There may be occasions where you consider...
PalliativeAndEndOfLifeCare in ACTLawHbk
End of Life and Palliative Care Contributed by Robin Gibson and current at 16 December 2021. Introduction The whole question of how individual patients, carers,...
Surrogacy in ACTLawHbk
Surrogacy And Health Law Contributed by Robin Gibson and current at 16 December 2021. Sometimes couples are unable to conceive and give birth to their own childr...
Abortion in ACTLawHbk
Abortion Contributed by Robin Gibson and current at 16 December 2021. Historically, abortion has been considered to be a crime and has been regulated by the crim...
PatientRights in ACTLawHbk
Patient rights Contributed by Robin Gibson and current at 16 December 2021. As a patient of a health practitioner, you have rights which must be observed when yo...
IntroductionToHealthLaw in ACTLawHbk
Introduction to Health Law Contributed by Robin Gibson and current at 16 December 2021. Health law involves a broad range of issues. Regulation of health practit...
VotingWithNoFixedAddress in ACTLawHbk
Voting with no fixed address Contributed by Anusha Goonetilleke, former Supervising Solicitor of Street Law, a program of Canberra Community Law, with acknowledg...
TrafficParkingAndTrafficCameraFines in ACTLawHbk
Traffic, Parking and Traffic Camera Fines Contributed by Anusha Goonetilleke, former Supervising Solicitor of Street Law, a program of Canberra Community Law, and...
OnTheSpotFines in ACTLawHbk
On the spot fines Contributed by Anusha Goonetilleke, former Supervising Solicitor of Street Law, a program of Canberra Community Law, with acknowledgement to Li...
ObtainingProofOfIdentityInTheACT in ACTLawHbk
Obtaining proof of identity in the ACT Obtaining proof of identity in the ACT Contributed by Anusha Goonetilleke, former Supervising Solicitor of Street Law, a pr...
HomelessnessIntroduction in ACTLawHbk
Introduction Laws that impact on people who are experiencing homelessness Contributed by Anusha Goonetilleke, former Supervising Solicitor of Street Law, a progra...
HumanRightsContactsAndResources in ACTLawHbk
Contacts and resources and current to 5 December 2021. Obtaining Legal Advice A list of law firms is available from the ACT Law Society: https://www.actlawsocie...
FurtherHumanRightsProtection in ACTLawHbk
Further human rights protection and current to 5 December 2021. Complaints to the Australian Human Rights Commission The Australian Human Rights Commission (AHR...
TheACTHumanRightsAct in ACTLawHbk
The ACT Human Rights Act and current to 5 December 2021. Introduction The Human Rights Act 2004 (ACT) (HR Act) commenced on 1 July 2004. It provides a framework...
AccessingGovernmentInformation in ACTLawHbk
Accessing government information Contributed by Dr James Popple and current as at 5 December 2021. How do I make an FOI request? An FOI request does not have to ...
WhatisFOI in ACTLawHbk
What is Freedom of Information? Contributed by Dr James Popple and current as at 5 December 2021. Freedom of Information (FOI) is the legal and administrative fra...
Incorporation in ACTLawHbk
and . What is incorporation? Incorporation is a form of registration that gives a group legal advantages in return for accepting certain responsibilities. Incorp...
Heritage in ACTLawHbk
and . What is heritage? Heritage is generally understood to be unique places and objects that are valued by a community or cultural group that possess historic, r...
NoiseIssues in ACTLawHbk
and . Noise Pollution in the ACT Noise pollution in the ACT is regulated by the Environment Protection Act 1997 and the Environment Protection Regulation 2005. Th...
TreeProtection in ACTLawHbk
and . Which trees are protected? Significant trees in the ACT urban environment are identified and protected through the Tree Protection Act 2005 (ACT). The Tree ...
ContactsAndResources in ACTLawHbk
Contacts and resources and ACT GOVERNMENT AGENCIES Access Canberra Post: Access Canberra, GPO Box 158 Canberra, ACT 2601 Phone: 13 22 81 Website: www.accessc...
ConsumerLaw in ACTLawHbk
Consumer Law , and About the Australian Consumer Law The Australian Consumer Law (ACL) came into force on 1 January 2011. The ACL is found in Schedule 2 of the...
DisabilityContactsAndResources in ACTLawHbk
Contacts and Resources and Commonwealth Government Services and Programs Australian Human Rights Commission Investigates and provides conciliation for discrim...
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...
ComcareScheme in ACTLawHbk
ACT Government and Commonwealth Workers Compensation (Comcare Scheme) and . Reading Guide A term (a word or expression) used in legislation can have either its ...
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
Going to the ACT Civil and Administrative Tribunal (ACAT) and . General Information The ACT Civil and Administrative Tribunal (ACAT) is an independent body set ...
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...
HelpAndRemedies in ACTLawHbk
Help and remedies , and Self help In the first instance a consumer should raise their complaint with the trader concerned. The trader may concede the complaint...
IntroductionToImmigrationAndRefugeeLaw in ACTLawHbk
The Sources of Migration Law , and . NOTE: Readers should be aware that the Migration Regulations change rapidly. Before using the information listed here, we re...
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
ACTPrivateWorkersCompensationScheme in ACTLawHbk
ACT Workers Compensation Scheme and . Work related injury Workers Compensation can be claimed for an injury that arises out of or in the course of, employment. ...
Adoption in ACTLawHbk
Adoption in the Australian Capital Territory Introduction Adoption has the reputation of being confusing, expensive and emotionally fraught. This chapter will ex...
ChildAbduction in ACTLawHbk
Child Abduction Child abduction is a very important, confronting and often publicised aspect of family law. It routinely is discussed by the media in cases where ...
MarriageAndDivorce in ACTLawHbk
Marriage and Divorce and What does this section cover? This section covers what is a valid marriage, recognition of overseas marriages and getting divorced. Th...
ChildSupport in ACTLawHbk
Child Support and What does this section cover? Following a separation, parents will often have to deal with child support in some way. This can be through an ...
ChildrenParentingAfterSeparation in ACTLawHbk
Children – parenting after separation and What does this section cover? This section covers the law and approach in deciding where and with whom children shoul...
GoingToFamilyLawCourt 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...
ComingToAnAgreement in ACTLawHbk
Coming to an Agreement and What does this section cover? This section provides information for people who have reached an agreement after separation about prop...
FamilyViolenceAndChildAbuseInTheFamilyLawSystem in ACTLawHbk
Family Violence and Child Abuse in the Family Law System and What does this section cover? This section covers how the family law system deals with family viol...
CriminalLawContactsAndResources in ACTLawHbk
Contacts and Resources and . Legal Aid * Call the Legal Aid ACT Helpline on 1300 654 314 to discuss your matter, apply for Legal Aid or make a booking for a ...
AccidentsAndCompensationContactsAndResources in ACTLawHbk
Contacts and Resources and . Legal Aid ACT Legal Aid ACT may be able to provide limited duty assistance in relation to compensation, criminal injuries or accid...
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.
IntroductionToPrivacy in ACTLawHbk
Introduction to Privacy and . At a glance Privacy is a fundamental but contested value in Australian life and the legal system. It is an aspect of human dignity...
BridgingVisas 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...
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...
WorkHealthAndSafetyContactsAndResources in ACTLawHbk
Contacts and Resources and . Social Media Access Canberra Vimeo Healthier Work Twitter WorkSafe Twitter Publications Australian work health and safety strat...
Compliance in ACTLawHbk
Compliance and . Inspectors can issue notices to enforce immediate compliance with obligations under the Work Health and Safety Act 2011. They can also impose pe...
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...
RightsAndResponsibilitiesInWorkHealthAndSafety in ACTLawHbk
Rights and Responsibilities in Work Health and Safety and . The Work Health and Safety Act 2011 imposes safety duties on all people at a workplace including: ...
WorkSafeACT in ACTLawHbk
WorkSafe ACT and . Work Safety Commissioner Mr Greg Jones is the ACT Work Safety Commissioner and Director of Workplace Protection Division of Access Canberra. ...
RelevantWorkHealthAndSafetyLegislation in ACTLawHbk
Relevant Work Health and Safety Legislation and . Commonwealth Legislation Mutual Recognition Act 1992 (Cwlth) Safety, Rehabilitation and Compensation Act 1988...
IntroductionToWorkHealthAndSafety in ACTLawHbk
Introduction and . WorkSafe ACT is a regulatory body and a business unit within the Workplace Protection Division of Access Canberra that forms part the Chief Mi...
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...
NegligenceAndInjury in ACTLawHbk
Negligence and Injury and . Key legislation in the ACT 1 Civil Law (Wrongs) Act 2002 1 Domestic Animals Act 2000 1 Limitation Act 1985 1 Victims of ...
WillsEstatesAndFuneralsContactsAndResources in ACTLawHbk
Contacts and Resources and . . Contacts Commonwealth Government * ATOlaw: the ATO Legal Data Base law.ato.gov.au * Australian Financial Security Authorit...
WillsEstatesAndFuneralsGlossary in ACTLawHbk
Glossary of Legal Words Used and . . Administration and Probate Act means the Administration and Probate Act 1929 (ACT). Administrator a person appointed...
FuneralsBurialAndCremationInTheACT in ACTLawHbk
Funerals, Burial and Cremation in the ACT and . . Procedure before the Funeral General Duty to Report Death Section 77(1) Coroners Act 1997 imposes a duty to r...
ObtainingAGrantOfRepresentationSomePracticalTips in ACTLawHbk
Obtaining a Grant of Representation – Some Practical Tips and . . Small Estates Simplified procedures for taking out a grant exist for estates valued under $150...
TheHowtoOfAdministeringEstates in ACTLawHbk
Administering A Deceased Estate and . . Introduction to the Task of Administration The law relating to estates is primarily governed by the Administration and P...
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 ...
IntestacyDyingWithoutAWill in ACTLawHbk
Intestacy: Dying Without A Will and . . How is the Estate Divided? The basic principle of intestacy is that when a person dies without a will, or leaving a will...
ContestingAWill in ACTLawHbk
Contesting a Will and . . There are several ways in which a will may be contested. In each case you should consult a solicitor. Is the Will valid? A court may d...
Wills in ACTLawHbk
Wills and . . What is a Will? The law concerning wills in the ACT is contained in the Wills Act 1968 (ACT). A will is a document in which a person (called the ‘...
SuccessionLaw in ACTLawHbk
Will and Estates and . . In this chapter we will explore the nature of wills and deceased estates in the Australian Capital Territory. It is intended to be a us...
PuttingYourHouseInOrderPracticalSteps in ACTLawHbk
Getting Your Estate In Order – Some Practical Steps and . . In this world nothing can be said to be certain, except death and taxes – Benjamin Franklin, in a l...
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 ...
PenaltyUnits in ACTLawHbk
What are "penalty units"? and . For all criminal offences in the ACT, the Act creating the offence sets out a maximum penalty which may be imposed if a person is...
Sentencing in ACTLawHbk
Sentencing and . According to statistics, more than half of those accused of committing offences end up either pleading to, or being found guilty of, at least so...
TypesOfOffencesAndHowTheyAreDealtWith in ACTLawHbk
Types of offences and how they are dealt with and . There are many different types of offences in the ACT. Some offences may be dealt with by a Magistrate, while...
BasicPrinciplesOfCriminalLaw in ACTLawHbk
Basic principles of criminal law and . There are four major principles of the criminal law system: 1 a person is presumed innocent until proven guilty; 1 a...
IntroductionToCriminalLaw in ACTLawHbk
Introduction to Criminal Law and . What is “the criminal law”? “The criminal law” means any law which says that particular conduct is an “offence”, and imposes ...
GovernmentDecisionsContactsAndResources in ACTLawHbk
Main.StephanieBooker 30 Mar 2018 Other Resources ACT Ombudsman ombudsman.act.gov.au Commonwealth Ombudsman ombudsman.gov.au
IntroductiontoMentalHealthLaw in ACTLawHbk
Introduction to Mental Health Law and . This chapter provides an overview of mental health law in the ACT. Much of the law about mental health revolves around th...
MentalHealthResourcesandContacts in ACTLawHbk
Resources and Contacts and . If you or someone you know needs immediate help Call Triple Zero (000) if there is a life threatening situation which requires the...
MentalHealthOrders in ACTLawHbk
Mental Health Orders What are Mental Health Orders? and . A Mental Health Order is a legally binding order made by ACAT under the Act requiring a person to rece...
ContextAimsAndPrinciples in ACTLawHbk
Context, aims and principles and . Some history and context Every Australian state and territory has its own mental health legislation. The ACT’s mental health ...
VoluntaryTreatmentCareAndSupport in ACTLawHbk
Voluntary treatment, care and support and . As discussed in the previous section, the main purpose of the Act is to provide a legal framework for the authorisati...
EmergencyApprehensionAndDetention in ACTLawHbk
Emergency Apprehension and Detention and . If there are immediate and serious concerns about a person’s mental health and wellbeing, a person can be brought into...
MakingDecisionsAboutMentalHealthTreatmentCareAndSupport in ACTLawHbk
Making decisions about mental health treatment, care and support and . The Mental Health Act 2015 affirms the right of everyone to be actively involved in their ...
ImportantConcepts in ACTLawHbk
Important Concepts and . The Act contains a number of concepts and phrases which have a specific and sometimes unusual definition. To understand how the Act work...
ImmigrationContactsAndResources in ACTLawHbk
Contacts and Resources , and NOTE: Readers should be aware that the Migration legislation changes frequently. Before using the information listed here, we recom...
DealingWithTheDepartment in ACTLawHbk
Dealing with the Department , and NOTE: Readers should be aware that the Migration legislation changes frequently. Before using the information listed here, we ...
Citizenship in ACTLawHbk
Citizenship , and NOTE: Readers should be aware that the Migration legislation changes frequently. Before using the information listed here, we recommend that yo...
SeekingReviewOfDecisions in ACTLawHbk
Review Rights , and NOTE: Readers should be aware that the Migration legislation changes frequently. Before using the information listed here, we recommend that...
RemovalandDeportation in ACTLawHbk
Visa Cancellation, Removal and Deportation , and NOTE: Readers should be aware that the Migration legislation changes frequently. Before using the information l...
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...
VisitorsVisa in ACTLawHbk
Temporary Visas , and NOTE: Readers should be aware that the Migration legislation changes frequently. Before using the information listed here, we recommend th...
PermanentEntryVisaHumanitarianEntry in ACTLawHbk
Permanent Visas: Humanitarian and Refugee Visas , and NOTE: Readers should be aware that the Migration legislation changes frequently. Before using the informat...
SkilledMigrants in ACTLawHbk
Permanent Visas: Skilled Migration , and NOTE: Readers should be aware that the Migration legislation changes frequently. Before using the information listed he...
PermanentEntryVisaFamilyMigration in ACTLawHbk
Permanent Visas: Family Migration , and NOTE: Readers should be aware that the Migration Regulations change rapidly. Before using the information listed here, w...
Visas in ACTLawHbk
Entry to Australia: Visas , and NOTE: Readers should be aware that the Migration Regulations change rapidly. Before using the information listed here, we recomm...
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...
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
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 ...
ContactsAndResourcesPrivacy in ACTLawHbk
Contacts and Resources and . Office of the Australian Information Commissioner (dealing with both the Commonwealth Privacy Act and the Territory Information Pri...
AssertingPrivacyRights in ACTLawHbk
Asserting Privacy Rights and . At a glance An implication of the preceding parts of this chapter is that if people are concerned about their own privacy and tha...
CommonQuestions in ACTLawHbk
Common Questions and . At a glance This part of the chapter provides a brief introduction to a range of common questions about privacy and issues that readers m...
TheACTPrivacyRegime in ACTLawHbk
The ACT Privacy Regime and . At a glance The Territory privacy regime has four aspects that are significant for readers concerned with information or other priv...
TheCommonwealthPrivacySchemeNew in ACTLawHbk
The Commonwealth Privacy Scheme and . At a glance Readers of the preceding paragraphs in this chapter can draw three conclusions about the Commonwealth privacy ...
MakingSenseOfPrivacyLawInTheACT in ACTLawHbk
Making Sense of Privacy Law in the ACT and . At a glance It is common for people to talk about privacy rights. It is also common for people, particularly thos...
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...
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...
PossibleGroundsToDisputeLiability in ACTLawHbk
Possible grounds to dispute liability , and Before paying any debt, a debtor should be sure they are legally liable for it. Some possible grounds of disputing l...
IntroductionToDebt in ACTLawHbk
Introduction to Debt , and A debt exists when one person (the debtor) owes money to another (the creditor). Unpaid electricity or telephone bills, school fees, ...
DemandsForPayment in ACTLawHbk
Demands for payment , and . "Letters of Demand" was contributed by Mary Hawkins, DCLS, for the NT Law Handbook. A debtor who is in arrears on payments (meaning, s...
MortgageDefaults in ACTLawHbk
Mortgage Defaults and . The Land Titles Act 1925 (“LTA”) deals with mortgages including the exercise of the power of sale of mortgagees (i.e. lenders). This is a...
MakingADebtorPay in ACTLawHbk
Making a debtor pay Based on the ACTLAF Factsheet entitled 'A Guide to Dealing with Judgment Debt', and . A debtor should be aware that he/she could be liable to...
DebtRecoveryInTheACT in ACTLawHbk
Debt recovery in the ACT , and If demands for payment do not succeed, court or tribunal action may be the only other option available to the creditor seeking to ...
DebtorHarassment in ACTLawHbk
Debtor harassment , and A debt collector may become involved in the process if a debtor has been unable to reach agreement to pay debts with the original credito...
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
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...
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...
CthDrugOffencesAndPenalties in ACTLawHbk
Commonwealth Drug Offences and In addition to the ACT laws that prescribe a number of offences there are also Commonwealth laws that create offences in relation...
ProceedsOfCrime in ACTLawHbk
Proceeds of crime and It is an offence in the ACT to receive property knowing that that property is directly derived from a drug offence, in circumstances where...
ACTDrugOffencesAndPenalties in ACTLawHbk
ACT Drug Offences and A number of offences prohibit the possession, distribution and production of illicit drugs in the ACT. The list of drugs to which these of...
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...
UrbanFences in ACTLawHbk
Urban Fences and Information for Owners What are my rights and responsibilities? A common side or rear fence is the joint responsibility of all property owner...
NeighboursContactsAndResources in ACTLawHbk
Neighbours and Neighbourhood Disputes Contacts and Resources and Canberra Community Law Level 1, 21 Barry DriveTurner ACT 2612Tel: 02 6218 7977Website: http:...
NeighboursAndSafety in ACTLawHbk
Neighbours and Safety and If you are feeling threatened by your neighbour’s behaviour, you can apply for a Personal Protection Order (PPO). Refer to Personal Pr...
PublicHousingNeighbourhoodDisputes in ACTLawHbk
Public Housing Neighbourhood Disputes and How do I make a complaint? If you live in public housing property and have a conflict with a neighbour also living in...
UnitTitlePropertyStrataAndNeighbourhoodDisputes in ACTLawHbk
Unit Title Property (Strata) and Neighbourhood Disputes and What is unit title? Most flats, apartments, units or townhouses are held under unit title, or strat...
BuildingAndRenovations in ACTLawHbk
Building and Renovations and Home owners who want to build or renovate their property have to comply with the ACT Building Code. The building code contains prov...
NeighboursPrivacy in ACTLawHbk
Privacy and Can my neighbour look into my house? There is no legal right to privacy which prevents your neighbour from looking over the fence or listening to c...
Parking in ACTLawHbk
Parking and General Information Your neighbour is not allowed to park on your driveway or property. They may be trespassing if they continue to park on your pr...
NatureStrips in ACTLawHbk
Nature Strips and What is a nature strip? A nature strip is the strip of land between your property and the road. It contains essential services such as sewera...
SharedDriveways in ACTLawHbk
Shared Driveways and What is the law? Most shared driveways are created by an easement. Easements allow limited access to someone else’s property, and only for...
WaterAndFlooding in ACTLawHbk
Water and Flooding and Disputes over flooding and entry of water can arise when a neighbour’s pool, sewer or drain leaks onto your property. This can cause prop...
Trees in ACTLawHbk
Trees and What is the law? There are no specific legislative provisions in the ACT on invasive trees. The law on neighbours’ rights and responsibilities in rel...
Trespass in ACTLawHbk
Trespass and What is trespass? Deliberately interfering with someone else’s land without permission constitutes trespass. Some common trespass scenarios includ...
SmokeOdourAndFumes in ACTLawHbk
Smoke, odour and fumes and What are my rights and responsibilities? Excessive smoke from BBQs, fumes from painting and odour from uncollected rubbish may be de...
NoisePollution in ACTLawHbk
Noise pollution and What are my rights and responsibilities? All people in the ACT have a general duty to avoid or minimise environmental harm and nuisance, wh...
AnimalNuisance in ACTLawHbk
Animal nuisance and What are my rights and responsibilities? It is the responsibility of animal owners and carers to exercise care and ensure that their animal...
LightPollution in ACTLawHbk
Light pollution and What are my rights and responsibilities? Light from adjoining properties which interferes with your enjoyment of your property may amount t...
IntroductionToNeighboursAndNeighbourhoodDisputes in ACTLawHbk
Introduction and Neighbourhood disputes can arise over a range of issues, including fences, noise pollution, pets etc. Resolving the issue in a friendly manner ...
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...
CreditReporting in ACTLawHbk
Credit Reporting and In Australia, credit reporting is regulated by: * Part IIIA Privacy Act 1988 (Cth) (“Privacy Act”); * the Privacy Regulation 2013 (Ct...
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...
ProtectionsAndRightsAvailableToConsumersOfCreditContracts in ACTLawHbk
Protections and rights available to consumers of credit contracts and Early termination Where no credit has been obtained or where the credit facility (e.g. cr...
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...
ObligationsBeforeEnteringIntoCreditContracts in ACTLawHbk
Obligations before entering into credit contracts and Responsible lending From 1 July 2010 (or 1 January 2011 for banks and registered finance companies), cre...
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...
DebtContactsAndResources in ACTLawHbk
Contacts and resources and Consumer Law Centre of the ACT Tel: (02) 6143 0044 Monday to Friday 9am 5pm Wednesday after hours drop in service 5.30pm – 7.30pm ...
ConsumerAndContractsContactsAndResources in ACTLawHbk
Contacts and Resources and The Consumer Law Centre of the ACT Phone: (02) 6143 0044Telephone advice line: Monday, Tuesday, Thursday, Friday from 2.00 pm — 4.00...
ContractLaw in ACTLawHbk
Contract Law , and The information contained in this part is a very brief overview of contract law as it can apply to the purchase of goods and services. There ...
GeneralProtections in ACTLawHbk
General Protections , and Unconscionable conduct The doctrine of unconscionability is an equitable doctrine based on the general law. This doctrine is incorpo...
CareAndProtection in ACTLawHbk
Care and Protection and A Starting Point It is a given that all children have the right to be safe and receive care and support. According to the United Nation...
BankruptcyContactsAndResources in ACTLawHbk
Contacts and Resources , and Australian Financial Security Authority (AFSA) Post: GPO Box 821, Canberra ACT 2601Telephone: 1300 364 785Website: www.afsa.gov.au...
WhatIsBankruptcy in ACTLawHbk
What is Bankruptcy? , and Bankruptcy is a method that enables some control to be taken over a debtor's affairs, so that their financial disaster can be brought ...
AlternativesToBankruptcy in ACTLawHbk
Alternatives To Bankruptcy , and Other agreements under the Bankruptcy Act Part IX debt agreements Under Part IX of the Bankruptcy Act, a debtor can enter int...
EndingBankruptcy in ACTLawHbk
Ending Bankruptcy , and When does bankruptcy end? Automatic discharge Bankruptcy usually lasts for three years after the date the bankrupt files the statement...
EnteringBankruptcy in ACTLawHbk
Entering Bankruptcy , and Process of going bankrupt A debtor must first commit an ‘act of bankruptcy’ (see s 40 of the Bankruptcy Act) to be declared bankrupt....
BankruptcyAndDebt in ACTLawHbk
Bankruptcy and Debt , and The effect of bankruptcy on debts After bankruptcy a bankrupt is released from most 'provable' debts. A bankrupt is however not relea...
BankruptcyAndIncome in ACTLawHbk
Bankruptcy and Income , and What happens to the bankrupt's income? Contributions to trustee Bankrupts who earn above a certain amount must make some payments ...
BankruptcyAndProperty in ACTLawHbk
Bankruptcy and Property , and What happens to the bankrupt's property? Divisible property Property that can be taken by the trustee is called divisible proper...
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...
WebBottomBar 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...
OurLegalSystem in ACTLawHbk
Our Legal System and This chapter explains the basics of the Australian legal system. It aims to provide a background understanding of the Australian legal syst...
HowToDealWithInfringement in ACTLawHbk
How to deal with infringement and If your copyright and/or moral rights have been infringed, there are a number of steps that you can take without taking the ma...
MoralRights in ACTLawHbk
Moral Rights and As well as copyright, creators will also have moral rights in their creations. What are moral rights? Moral rights are the reputational rights...
Copyrightexceptions in ACTLawHbk
Copyright Exceptions and There are a number of exceptions to copyright infringement in the Copyright Act. If an exception applies to your use of the copyright m...
Infringementofcopyright in ACTLawHbk
Infringement of copyright $CONTRIBUTED_BY% and How is copyright infringed? Copyright will be infringed when the whole or a substantial part of a work is used in...
Copyrightpermissions in ACTLawHbk
Copyright Permissions and If you wish to use the whole or a substantial part of another person’s copyright material in any of the ways listed in Copyright Owner...
Copyrightownerrights in ACTLawHbk
Copyright Owner Rights and Copyright owners have a number of exclusive rights over their material. Anyone who wants to use someone else’s material in any of the...
Howlongdoescopyrightlast in ACTLawHbk
How long does copyright last? and Works For literary, artistic, dramatic and musical works, copyright will last for the life of the creator plus 70 years. Howe...
WhoGetsCopyright in ACTLawHbk
Who gets copyright? and The general rule under the Copyright Act is that copyright will, at default, belong to the person who created the copyright material. Ho...
WhatIsNotProtectedByCopyright in ACTLawHbk
What is not protected by copyright? and Copyright does not protect ideas, concepts, styles, techniques, facts or information. For example, if you write an outli...
HowDoYouGetCopyright in ACTLawHbk
How do you get copyright? and Copyright free and automatically applies the moment you create something original and express it in material form (eg., paint a pa...
WhatDoesCopyrightProtect in ACTLawHbk
What does copyright protect? and Under the Copyright Act, it sets out eight categories of copyright protected materials. These can be divided into two broad cat...
WhatIsCopyright in ACTLawHbk
What is copyright? and Copyright is a legal concept that protects creative work. By granting this protection, copyright creates an incentive for people to inves...
ComplainingAboutCthGovernmentDecisionMaking in ACTLawHbk
Complaining about Commonwealth Decision Making , and The Commonwealth Ombudsman an overview The Commonwealth Ombudsman is an independent and impartial statut...
WhereToFindLegalHelpInTheACT in ACTLawHbk
Where to find legal help in the ACT and There are plenty of situations where you may need legal advice. Examples of these situations include: * If your landl...
FamilyViolenceAndPPOUsefulContacts in ACTLawHbk
Useful Contacts and Legal Aid Legal Aid ACT provides free advice and help about Family Violence Orders, Personal and Workplace Protection Orders. You can call ...
PersonalProtectionOrders in ACTLawHbk
Personal Protection Orders and Workplace Protection Orders and What is personal violence? According to the Personal Violence Act 2016 (ACT), personal violence ...
FamilyViolenceOrders in ACTLawHbk
Family Violence Orders and What is family violence? Family violence is a pattern of abusive behaviour that happens in many different ways. In general, it invol...
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...
LearningMoreAboutTheLaw in ACTLawHbk
Learning More About the Law and You can find out about the law from a variety of resources, including libraries, law reports, legislation and popular culture. ...
ChangingTheLaw in ACTLawHbk
Changing the Law and Changing the law is not an activity exclusively reserved for parliamentarians and judges. The Australian Law Reform Commission and communit...
DifferentAreasOfLaw in ACTLawHbk
Different areas of the law and Australian law can be private or public. Private laws applies to individuals and their dealings with each other. Public law conce...
WhatIsTheRoleOfGovernmentInMakingAndEnforcingTheLaw in ACTLawHbk
What is the role of the government in making and enforcing the law? and All levels of government in Australia have a role in making and enforcing the law. Maki...
ComplainingAboutACTGovernmentDecisionMaking in ACTLawHbk
Complaining about ACT Government Decision Making , and The ACT Ombudsman an overview The ACT Ombudsman is an independent and impartial officer appointed to i...
ChallengingAdministrativeDecisions in ACTLawHbk
Challenging administrative decisions , and Challenging administrative decisions an overview The "administrative decisions" that are referred to in this chapt...
UsefulContacts in ACTLawHbk
Contacts and Resources and ACT Law Society CanberraTel: (02) 6274 0300Email: mail@actlawsociety.asn.auWebsite: https://www.actlawsociety.asn.au Aboriginal Leg...
CourtsAndTribunals in ACTLawHbk
Courts and Tribunals and Courts and tribunals both exist to resolve legal disputes, however, both do so in different ways. Courts are staffed by judges and magi...
WhatIsTheRoleOfCourtsInMakingAndEnforcingTheLaw in ACTLawHbk
What is the role of the Courts in making and enforcing the law? and Judge made law The Courts make and enforce the law every time they hear a case and are requ...
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 ...
PropertyDivisionAndFinancialSupportAfterSeparation in ACTLawHbk
Property Division and Financial Support after separation and What does this section cover? How the law approaches property division, time limits that apply, sp...
FamilyLawContactsAndResources in ACTLawHbk
Where to get help and Legal Help Legal Aid ACT Anyone can seek free help from Legal Aid’s duty lawyers: * Address: 2 Allsop Street, Canberra ACT 2600; *...
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...
WhatIsFamilyLaw in ACTLawHbk
What is ‘family law’? and What does this section cover? A brief overview of the family law system, including Family Dispute Resolution, Family Courts and what ...
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 ...
HowLongDoesCopyrightLast in ACTLawHbk
Main.StephanieBooker 19 Apr 2018
CopyrightOwnerRights in ACTLawHbk
Main.StephanieBooker 19 Apr 2018
CopyrightPermissions in ACTLawHbk
Main.StephanieBooker 19 Apr 2018
InfringementOfCopyright in ACTLawHbk
Main.StephanieBooker 19 Apr 2018
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...
ArrestInterrogationAndBailContactsAndResources in ACTLawHbk
Content to be provided by Contributor (TBC).
DiscriminationAndAdvocacy in ACTLawHbk
Content to be provided by Karen Toohey.
Advocacy in ACTLawHbk
Content to be provided by Karen Toohey.
CommunityActivismContactsAndResources in ACTLawHbk
Main.StephanieBooker 30 Mar 2018
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...
ExternalAdministrationOfEstates in ACTLawHbk
ASK AUTHOR ABOUT THIS SECTION
18 Mar 2018 - 17:41, StephanieBooker
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...
System in ACTLawHbk
%IF{"$WEBSUMMARY = ''" then=" "}% * Table of contents Project Description The ACT Law Handbook is under construction. During this process, the Handbook may c...
WebAtom in ACTLawHbk
AustLII Communities's ACTLawHbk web
WebLeftBar in ACTLawHbk
" warn="off"}% * ** * * * * * * * *
WebRss in ACTLawHbk
" else="AustLII Communities's ACTLawHbk web"}% /ACTLawHbk
371 topic(s) found

See also: rss-small RSS feed, recent changes with 50, 100, 200, 500, 1000 topics, all changes

This site is powered by FoswikiCopyright © by the contributing authors. All material on this collaboration platform is the property of the contributing authors.
Ideas, requests, problems regarding AustLII Communities? Send feedback
This website is using cookies. More info. That's Fine