1000 recent changes in ACTLawHbk Web retrieved at 06:43 (AEST)
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...
PurposeOfTheActLawHandbook
in ACTLawHbk
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, ...
PermanentEntryVisaFamilyMigration
in ACTLawHbk
Permanent Visas: Family Migration , and NOTE: The Immigration and Refugees chapter is under substantial revision. The information in the following section may n...
SeekingReviewOfDecisions
in ACTLawHbk
Seeking Review of Migration Decisions , and NOTE: The Immigration and Refugees chapter is under substantial revision. The information in the following section m...
Visas
in ACTLawHbk
Entry to Australia: Visas , and NOTE: The Immigration and Refugees chapter is under substantial revision. The information in the following section may not be ac...
IntroductionToImmigrationAndRefugeeLaw
in ACTLawHbk
Introduction to Immigration and Refugee Law , and . NOTE: The Immigration and Refugees chapter is under substantial revision. The information in the following se...
DealingWithTheDepartment
in ACTLawHbk
Dealing with the Department , and NOTE: The Immigration and Refugees chapter is under substantial revision. The information in the following section may not be ...
ImmigrationContactsAndResources
in ACTLawHbk
Contacts and Resources , and NOTE: The Immigration and Refugees chapter is under substantial revision. The information in the following section may not be accur...
Citizenship
in ACTLawHbk
Citizenship , and NOTE: The Immigration and Refugees chapter is under substantial revision. The information in the following section may not be accurate. Readers...
RemovalandDeportation
in ACTLawHbk
Visa Cancellation, Removal and Deportation , and NOTE: The Immigration and Refugees chapter is under substantial revision. The information in the following sect...
BridgingVisas
in ACTLawHbk
Bridging Visas and . NOTE: The Immigration and Refugees chapter is under substantial revision. The information in the following section may not be accurate. Rea...
VisitorsVisa
in ACTLawHbk
Temporary Visas , and NOTE: The Immigration and Refugees chapter is under substantial revision. The information in the following section may not be accurate. Re...
PermanentEntryVisaHumanitarianEntry
in ACTLawHbk
Permanent Visas: Humanitarian and Refugee Visas , and NOTE: The Immigration and Refugees chapter is under substantial revision. The information in the following...
SkilledMigrants
in ACTLawHbk
Permanent Visas: Skilled Migration , and NOTE: The Immigration and Refugees chapter is under substantial revision. The information in the following section may ...
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 ...
CopyrightAndIntellectualPropertyContactsAndResources
in ACTLawHbk
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 before taking the mat...
MoralRights
in ACTLawHbk
Moral Rights and As well as copyright, creators also have moral rights in their creations. What are moral rights? Moral rights are the reputational rights of t...
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 and How is copyright infringed? Copyright is infringed when the whole or a substantial part of a work is used in one of the ways cont...
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
Howlongdoescopyrightlast
in ACTLawHbk
How long does copyright last? and Works For literary, artistic, dramatic and musical works, copyright will generally last for the life of the creator plus 70 y...
WhoGetsCopyright
in ACTLawHbk
WhatIsNotProtectedByCopyright
in ACTLawHbk
What is not protected by copyright? and Courts have held that copyright does not protect ideas, concepts, styles, techniques, facts or information. For example,...
HowDoYouGetCopyright
in ACTLawHbk
How do you get copyright? and Copyright is free and automatically applies the moment you create something original and express it in ‘material form’ (e.g. paint...
WhatDoesCopyrightProtect
in ACTLawHbk
What does copyright protect? and The Copyright Act sets out eight categories of copyright protected materials. These can be divided into two broad categories: ...
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...
FamilyLawContactsAndResources
in ACTLawHbk
Where to get help and Legal Help Legal Aid ACT Anyone can seek free help from Legal Aid’s duty lawyers: At the Federal Circuit and Family Court of Australia ...
Adoption
in ACTLawHbk
Adoption in the Australian Capital Territory Introduction Adoption provides a new, permanent family to a child who for various reasons cannot live with their bir...
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 ...
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...
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...
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...
GoingToFamilyLawCourt
in ACTLawHbk
Going to Court and What does this section cover? This section covers court proceedings and procedures in the Federal Circuit and Family Court of Australia and ...
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...
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 ...
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) section 8, personal...
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...
ConsumerAndContractsContactsAndResources
in ACTLawHbk
Contacts and Resources and CARE Phone: (02) 6143 0044 Website: https://www.carefcs.org/consumer law centre Address: Ground floor, 19 23 Moore Street, Turner 26...
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 ...
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...
GeneralProtections
in ACTLawHbk
General Protections , and Unconscionable conduct The doctrine of unconscionability is an equitable doctrine based on the general law. This doctrine is incorpor...
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...
RelevantWorkHealthAndSafetyLegislation
in ACTLawHbk
Relevant Work Health and Safety Legislation and . Commonwealth Legislation Mutual Recognition Act 1992 (Cth) Safety, Rehabilitation and Compensation Act 1988 (...
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...
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
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...
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. ...
WillsEstatesAndFuneralsContactsAndResources
in ACTLawHbk
Contacts and Resources and . . Contacts Commonwealth Government * ATOlaw: the ATO Legal Data Base https://www.ato.gov.au/law/#Law * Australian Financial ...
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) of the Coroners Act 1997 imposes a du...
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...
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 ‘...
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 le...
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 use...
GovernmentDecisionsContactsAndResources
in ACTLawHbk
Other Resources ACT Ombudsman General Tel: (02) 6276 3773 or 61 2 6276 0111 for international calls (if you are a non English speaking person, call the Translati...
ComplainingAboutACTGovernmentDecisionMaking
in ACTLawHbk
ComplainingAboutCthGovernmentDecisionMaking
in ACTLawHbk
Complaining about Commonwealth Decision Making , and The Commonwealth Ombudsman an overview The Commonwealth Ombudsman is an independent and impartial statut...
ChallengingAdministrativeDecisions
in ACTLawHbk
Challenging administrative decisions , and Challenging administrative decisions an overview The "administrative decisions" that are referred to in this chapt...
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...
AccidentsAndCompensationContactsAndResources
in ACTLawHbk
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 ...
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...
DebtContactsAndResources
in ACTLawHbk
Contacts and resources and Consumer Law Centre of the ACT Tel: (02) 6143 0044 Monday to Friday 9am 5pm http://www.carefcs.org/consumer law centre act.html C...
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 ...
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...
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...
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, ...
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...
AlternativesToBankruptcy
in ACTLawHbk
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...
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 ...
CriminalRecords
in ACTLawHbk
What is a Criminal Record A criminal record is an official record of a conviction against your name, and is stored in the Australian national criminal database. I...
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 ...
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...
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...
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...
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...
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
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 ...
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...
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...
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...
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...
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...
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...
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...
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:...
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...
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...
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...
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...
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 ...
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 ...
PenaltyUnits
in ACTLawHbk
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...
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...
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...
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 ...
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...
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...
ACTDrugOffencesAndPenalties
in ACTLawHbk
ContactsAndResourcesPrivacy
in ACTLawHbk
Contacts and Resources and . Office of the Australian Information Commissioner (dealing with both the Commonwealth Privacy Act and the Territory Information Pr...
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 tho...
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...
IntroductionAndLegalFrameworks
in ACTLawHbk
Prison and Community Corrections . Current to February 2022. Introduction The Alexander Maconochie Centre (AMC) is the first (and only) prison in Australia desig...
LifeInPrison
in ACTLawHbk
Life in Prison .Current to February 2022. Types of Detainees There are two types of detainees held in the AMC. * Sentenced detainees are those who have been ...
OffencesCommittedInPrison
in ACTLawHbk
Offences Committed in Prison . Current to February 2022. Detainees are entitled to the protection of the law just like everybody else. If a detainee believes that...
ParoleAndOnReleaseFromPrison
in ACTLawHbk
Parole . Current to February 2022. 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...
CommunityCorrections
in ACTLawHbk
Community Corrections . Current to February 2022. As discussed in the Sentencing section, courts can impose a prison sentence or a range of non custodial penaltie...
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...
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...
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...
TaxContactsAndResources
in ACTLawHbk
PayrollTax
in ACTLawHbk
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
GeneralRates
in ACTLawHbk
IntroductionToTaxation
in ACTLawHbk
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
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
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
SupportForVictimsOfCrime
in ACTLawHbk
TheRightsOfVictimsOfCrime
in ACTLawHbk
CoronialInquestsAutopsiesAndTheLaw
in ACTLawHbk
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...
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
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
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...
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
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
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...
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...
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...
SocialSecurityContacts
in ACTLawHbk
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...
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
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).
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
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...
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...
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