200 recent changes in ACTLawHbk Web retrieved at 09:28 (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
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...
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
Legalaid ACT Postal Address: GPO Box 512 Canberra ACT 2601 Reception: (02) 6243 3411 Fax: (02) 6243 3423 Email: legalaid@legalaidact.org.au Australian Copyright ...
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
Copyright Owner Rights and Copyright owners have a number of exclusive rights over their material (see s 31 for works and ss 85 – 88 for other subject matter). ...
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
Who gets copyright? and The general rule under the Copyright Act is that copyright will belong to the person who created the copyright material (s 35 for works ...
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
WorkSafe ACT and . Work Health and Safety Commissioner Ms Jacqueline Agius is ACT Work Health and Safety Commissioner and Director of Workplace Protection Divis...
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
Complaining about ACT Government Decision Making , and The ACT Ombudsman an overview The ACT Ombudsman is an independent and impartial officer appointed to i...
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
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...
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
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...
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
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...
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
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...
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
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...
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
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...
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...
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...
DisabilityContactsAndResources
in ACTLawHbk
Contacts and Resources and Commonwealth Government Services and Programs Australian Human Rights Commission Investigates and provides conciliation for discrim...
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