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200 recent changes in WALawHbk Web retrieved at 16:04 (AEST)

DependencyClaims in WALawHbk
Dependency claims and Who can claim? When a person (including drivers, passengers, motorcyclists, cyclists and pedestrians) is killed in a motor vehicle accide...
CarAccidentsWhenToMakeAClaim in WALawHbk
When to make a claim under the CTP Scheme vs. under the CIS Scheme and CTP Scheme Persons who suffer injuries, including catastrophic injuries, as a result of ...
CatastrophicInjuriesSupportScheme in WALawHbk
Catastrophic Injuries Support Scheme and The introduction of the Catastrophic Injuries Support Scheme (the “CIS scheme”) under the Motor Vehicle (Catastrophic ...
CompulsoryThirdPartyInsurance in WALawHbk
Compulsory third party insurance and In Western Australia, the MV Act provides that the Insurance Commission of Western Australia (“ICWA”) is the compulsory thi...
TypesOfClaims in WALawHbk
Types of claims and Different laws and schemes apply to a claim depending on the circumstances of the accident, as follows: * ‘fault based’ claims pursuant t...
MotorVehicleAccidents in WALawHbk
Motor vehicle accidents and This section discusses claims for personal injury and death arising out of motor vehicle accidents.Persons who suffer personal injur...
PenaltiesAndPrisoners in WALawHbk
Penalties and prisoners and * Sentencing for State offences * Sentencing for Commonwealth offences * Preparing for sentencing * Appealing a sentence...
Crime in WALawHbk
Crime and * Introduction * General principles * Common offences * Courts * Effect of conviction * Other * Contact points and useful resourc...
InjuriesArisingFromCarAccidents in WALawHbk
Injuries arising from car accidents and
WhenAnAccidentOccurs in WALawHbk
When an accident occurs and
HumanRightsAndComplaintsToTheUnitedNations in WALawHbk
Human Rights Complaints to the United Nations and * What human rights are protected? * United Nations complaints mechanisms * Why seek international re...
WhenSomeoneHasDiedDeathAndFunerals in WALawHbk
When someone has died Death and Funerals and Arranging a funeral Burial and cremation Organ donation Coronial inquests Obtaining a death certificate Dea...
WhenSomeoneHasDiedEstatesAndAdministration in WALawHbk
When someone has died Estates and Administration and If there is a will Getting a copy of the will Problems with the will Letters, videos and anything int...
LegalWills in WALawHbk
Legal wills and What is a Will? Why wills are important What happens is there is no will Can I make a Will myself? Very important parts of a will Optional...
WillsEstatesAndFunerals in WALawHbk
Wills, Estates and Funerals and * Legal Wills * When someone has died Estates and Administration * When someone has died Death and Funerals
SelfManagedSuperannuationFunds in WALawHbk
Self managed Superannuation Funds and
FamilyLawAndSuperannuation in WALawHbk
Family Law and Superannuation and
AccessToSuper in WALawHbk
Access to Super and
TrusteeDecisionsAndDisputes in WALawHbk
Trustee decisions and disputes and
DeathAndSuperannuation in WALawHbk
Death and Superannuation and
TaxationOfSuperannuation in WALawHbk
Taxation of Superannuation and
Contributions in WALawHbk
Contributions and
SuperannuationGuaranteeAndChoiceOfFunds in WALawHbk
Superannuation Guarantee and Choice of Funds and
SuperannuationFunds in WALawHbk
Superannuation Funds and
WhatIsSuperannuation in WALawHbk
What is Superannuation? and
Superannuation in WALawHbk
Superannuation and * What is Superannuation? * Superannuation Funds * Superannuation Guarantee and Choice of Funds * Contributions * Taxation of ...
YourResponsibilitiesAsATaxpayer in WALawHbk
Your responsibilities as a taxpayer and Most taxpayers operate on a system of self assessment which means that, for the most part, you will be responsible for p...
TaxationIntroduction in WALawHbk
Introduction and The principal sources of our income tax law are: • the Income Tax Assessment Act 1936 (Cth) (“the 1936 Act”);• the Income Tax Assessment Act 19...
Taxation in WALawHbk
Taxation and Introduction How is your tax liability determined? Your responsibilities as a taxpayer The tax return Assessable income Capital gains/losses Allow...
PPContactPointsAndOtherResources in WALawHbk
Contact points and other resources and
PrisonOffence in WALawHbk
Prison offence and
PrisonersRightsAndObligations in WALawHbk
Prisoners, rights and obligations and
PrisonersLawAndLegislation in WALawHbk
Prisoners, law and legislation and
SentencingAndParole in WALawHbk
Sentencing and parole and
SentenceAppeals in WALawHbk
Sentence appeals and
MattersTakenIntoAccountAtSentencing in WALawHbk
Matters taken into account at sentencing and
SentencingProcessAndProcedure in WALawHbk
Sentencing process and procedure and
SentencingOptions in WALawHbk
Sentencing options and
SentencingInWesternAustralia in WALawHbk
Sentencing in Western Australia and
NativeTitleAndAboriginalLandHeritage in WALawHbk
Native Title and Aboriginal Land Heritage and * Native Title law * Aboriginal reserves * Aboriginal sites * Contact points and other resources
LegalAssistanceContactPoints in WALawHbk
Contact points other useful resources and
LawyersFees in WALawHbk
Lawyers' fees and
ComplaintsAgainstLawyers in WALawHbk
Complaints against lawyers and
Interpreters in WALawHbk
Interpreters and
OtherServicesOfAssistance in WALawHbk
Other services which may be of assistance and
OtherLegalServices in WALawHbk
Other legal services and
WhereDoIGoForLegalAssistance in WALawHbk
Where do I go for legal assistance? and
WorkingWithLawyers in WALawHbk
Working with lawyers and
LegalAssistance in WALawHbk
Legal Assistance and * When to seek legal help * Working with lawyers * Where do I go for legal assistance? * Other legal services * Other servic...
WhenToSeekLegalHelp in WALawHbk
When to seek legal help and
InjuriesContactPoints in WALawHbk
Contact points other useful resources and
CompensationForVictimsOfCrime in WALawHbk
Compensation for victims of crime and
CompensationForRecreationalInjuries in WALawHbk
Compensation for recreational injuries and
CommonLawClaimsForDamages in WALawHbk
Common law claims for damages and
Comcare in WALawHbk
Comcare and
ContactsAndUsefulResources in WALawHbk
Contacts and useful resources and
DealingWithTheDepartmentOfHomeAffairs in WALawHbk
Dealing with the Department of Home Affairs and
MigrationAgentsAndTheOfficeOfTheMigrationAgentsRegistrationAuthority in WALawHbk
Migration Agents and the Office of the Migration Agents Registration Authority and
Citizenship in WALawHbk
Citizenship and
ReviewOfDecisions in WALawHbk
Review of decisions and
VisaComplianceCancellationRemovalAndReentry in WALawHbk
Visa compliance, cancellation, removal and re entry and The Department of Home Affairs has the power to cancel a visa either before or after entry to Australia ...
CharacterAndHealthRequirements in WALawHbk
Character and health requirements and
VisasForNonCitizens in WALawHbk
Visas for non citizens and Visa applications Under the Migration Act 1958 the Minister for Immigration and his or her delegates (within the Department of Home ...
OverviewOfTheAustralianVisaSystem in WALawHbk
Overview of the Australian visa system and Note: All attempts are made by the contributor to ensure that the law in this chapter is current. However, readers sh...
Immigration in WALawHbk
Immigration and * Overview of the Australian visa system * Visas for non citizens * Character and health requirements * Visa compliance, cancellatio...
DeathAndTissueTransplantation in WALawHbk
Death and tissue transplantation and Responsibilities of doctors following death Coroner's powers to investigate death Organ and tissue donation after death
PublicHealth in WALawHbk
Public health and Registration of birth Notifiable disease Genetic testing Reproduction, surrogacy and termination
AccessToHealthInformation in WALawHbk
Access to health information and The Privacy Act Confidentiality FOI
MedicalNegligence in WALawHbk
Medical negligence and Duty of care Standard of care Causation The need for legal advice
ConsentToTreatment in WALawHbk
Consent to treatment and Free and informed consent Consent to treatment adults Consent to treatment minors Consent to treatment incompetent persons C...
TheDoctorPatientRelationship in WALawHbk
The doctor patient relationship and
HealthConsumersRights in WALawHbk
Health Consumers' Rights and * The doctor patient relationship * Consent to treatment * Medical negligence * Access to health information * Publi...
TypesOfEmploymentEngagement in WALawHbk
Types of employment engagement employee or independent contractor? and
ContactPointsAndUsefulResources in WALawHbk
Contact points and useful resources and
Credit in WALawHbk
Credit and * Introduction * Coverage of the National Credit Code * Credit Contracts * Mortgages and Guarantees * Changes to obligations under cre...
CareAndProtection in WALawHbk
Care and protection and Introduction Overview of the law Children and Community Services Act 2004 (WA) Guiding objects and principles of the Act When a chi...
ChallengingGovernmentDecisions in WALawHbk
Challenging Government Decisions and * Rules for government decision making * Types of review available for government decisions * In what circumstance...
IdentificationParade in WALawHbk
Identification parade and
ATSIAboriginalCorporations in WALawHbk
Aboriginal corporations and ORIC incorporation Prescribed body corporates
ATSIInternationalLawRightsAndObligations in WALawHbk
International law, rights and obligations and UNDRIP
AboriginalAndTorresStraitIslanderPeoples in WALawHbk
Aboriginal and Torres Strait Islander Peoples and * Introduction * Aboriginal traditional lore * Key events affecting ATSI justice issues * Family l...
2014Reforms in WALawHbk
2014 reforms and
WebBottomBar in WALawHbk
WebBottomBar Default WebBottomBar component. Please do not modify. Use .WebBottomBar instead. %IF{"'' ingroup 'AdminGroup'" then=' %FORMATLIST{ "%FLEXWEBL...
EntryToAustralia in WALawHbk
Entry to Australia and VISAS Non citizens entering Australia are required to have visas, which are permits that can allow either temporary or permanent stay. Vi...
WhoCanApplyToReviewAGovernmentDecision in WALawHbk
Who can apply to review a goverment decision and
WebNotify in WALawHbk
* .WikiGuest * Main.EmilyHanson
ImmigrationContact in WALawHbk
Contact points other useful resources CONTACT POINTS TELEPHONE INTERPRETER SERVICEPeople who have difficulty with English can take advantage of the following in...
HousingContact in WALawHbk
Contact points other useful resources CONTACT POINTS TENANCY ISSUESDepartment of Consumer and Employment Protection (DoCEP)219 St George’s TcePerth WA 6000Ph: 1...
FamilyDVContactPoints in WALawHbk
Contact points other useful resources CONTACT POINTS Crisis CareProvides assistance to access emergency accommodation and support for victims of family and dome...
EmploymentContactPoints in WALawHbk
Contact points other useful resources CONTACT POINTS UnionsListed in the Yellow Pages under Union – details also available from the UnionsWA.UnionsWA (Trades ...
DebtsContactPoints in WALawHbk
Contact points other useful resources CONTACT POINTS Baycorp Advantage LtdTo access your credit fileBaycorp Advantage Public AccessPO Box 964North Sydney NSW 20...
ADRContactPoints in WALawHbk
Contact points other useful resources CONTACT POINTS Aged Care Complaints Resolution Schemec/ Department of Health and Aged Care12th Floor, Central Park152 158...
ATSIPContactPoints in WALawHbk
Contact points other useful resources CONTACT POINTS ALS of WA (Inc)Head Office7 Aberdeen StPerth WA 6000Toll free: 1800 019 900Fax: (08) 9221 1767www.als.org.a...
WALSContactPoints in WALawHbk
Contact points other useful resources CONTACT POINTSRefer to contact details provided at the end of LEGAL ASSISTANCE for details of Legal Aid offices, Community...
YoungPeopleContactPoints in WALawHbk
Contact points other useful resources CONTACT POINTS Children's Court of WA160 Pier StPerth WA 6000Ph: (08) 9218 0112Fax: (08) 9221 1705www.justice.wa.gov.auChi...
WillsContactPoints in WALawHbk
Contact points other useful resources CONTACT POINTS Registrar of Births, Deaths and MarriagesLevel 10, 141 St George’s TcePO Box 7720 Cloisters SquarePerth WA ...
SuperannuationContactPoints in WALawHbk
Contact points other useful resources CONTACT POINTS Australian Taxation OfficeSuperannuation Hotline: 131 020www.ato.gov.auAustralian Prudential Regulation Aut...
SSEContactPoints in WALawHbk
Contact points other useful resources CONTACT POINTS Administrative Appeals TribunalQuadrant Building1 William StPerth WA 6000Ph: (08) 9327 7200Ph: 1300 366 700...
RefugeesContactPoints in WALawHbk
Contact points other useful resources CONTACT POINTS RELEVANT APPEALS TRIBUNALS Administrative Appeals TribunalLevel 8, Quadrant Building1 William StPerth WA 60...
PrivacyContactPoints in WALawHbk
Contact points other useful resources CONTACT POINTS Complaints, or requests for more information, may be made to:Office of the Federal Privacy CommissionerLeve...
PrisonersContactPoints in WALawHbk
Contact points other useful resources CONTACT POINTS PRISONS – METROPOLITAN Acacia PrisonGreat Eastern HwyWooroloo WA 6558Ph: (08) 9573 3300Fax: (08) 9573 3350B...
NeighboursContactPoints in WALawHbk
Contact points other useful resources CONTACT POINTS Department of EnvironmentHyatt Centre3 Plain StEast Perth WA 6004Ph: (08) 9278 0300Fax: (08) 9278 0301www.e...
NTContactPoints in WALawHbk
Contact points other useful resources CONTACT POINTS ABORIGINAL AND TORRES STRAIT ISLANDER REPRESENTATIVE BODIES Goldfields Land and Sea Council67 71 Duggan StP...
MentalHealthContactPoints in WALawHbk
Contact points other useful resources CONTACT POINTS Mental Health Law CentreAssists consumers with information, legal advice and representation in some circums...
InsuranceContactPoints in WALawHbk
Contact points other useful resources CONTACT POINTS Australian Prudential Regulation AuthorityLevel 21, Casselden Place2 Lonsdale StMelbourne VIC 3000GPO Box 9...
HRContact in WALawHbk
Contact points other useful resources CONTACT POINTS United Nations Office of the High Commissioner for Human RightsPalais Wilson8 14 Avenue de la Paix1211 Gene...
HCRContact in WALawHbk
Contact points other useful resources CONTACT POINTS Office of Health ReviewLevel 12, St Martins Tower44 St George’s TcePerth WA 6000Ph: (08) 9323 0600Fax: (08)...
GuardianshipContact in WALawHbk
Contact points other useful resources CONTACT POINTS State Administrative TribunalLevel 4, 12 St George’s TcePerth WA 6000GPO Box U1991Perth WA 6845Ph: (08) 921...
FamilyContactPoints in WALawHbk
Contact points other useful resources CONTACT POINTS Child Support Agency15 17 William StPerth WA 6000PO Box 9815Perth WA 6848Ph: 131 272 (local call charge)TTY...
EnvironmentContactPoints in WALawHbk
Contact points other useful resources CONTACT POINTS Appeals Convenor, Environmental Protection Act 198613th Floor, Allendale Square77 St George’s TcePerth WA 6...
DefamationContactPoints in WALawHbk
Contact points other useful resources CONTACT POINTS Arts Law Centre of AustraliaThe Gunnery43 51 Cowper Wharf RdWoolloomooloo NSW 2011Ph: (02) 9356 2566Toll fr...
CrimeContactPoints in WALawHbk
Contact points other useful resources CONTACT POINTS Legal Aid CommissionHead Office55 St George’s TcePerth WA 6000Ph: 1300 650 579 (cost of a local call)TTY: 1...
CopyrightContactPoints in WALawHbk
Contact points other useful resources CONTACT POINTS Australasian Mechanical Copyright OwnersSociety Ltd (AMCOS)6 12 Atchison StLocked Bag 3665St Leonards NSW 2...
CPContactPoints in WALawHbk
Contact points other useful resources CONTACT POINTS Australian Consumers Association57 Carrington RdMarrickville NSW 2204Ph: (02) 9577 3399Fax: (02) 9577 3377w...
COContactPoints in WALawHbk
Contact points other useful decisions CONTACT POINTS Department of Consumer and Employment Protection219 St George’s TcePerth WA 6006Ph: (08) 9282 0777Ph: 1300 ...
CGDContactPoints in WALawHbk
Contact points other useful resources CONTACT POINTS Commonwealth OmbudsmanSt Martin’s Tower44 St George’s TcePerth WA 6000PO Box Z5386St George’s TcePerth WA 6...
BankruptcyContactPoints in WALawHbk
Contact points other useful resources CONTACT POINTS Insolvency Trustee Service of Australia (ITSA)Level 12, Durack Centre263 Adelaide TcePerth WA 6000GPO Box...
AIBContactPoints in WALawHbk
Contact points other useful resources CONTACT POINTS Legal Aid Western AustraliaHead Office55 St George’s TcePerth WA 6000Ph: 1300 650 579 (cost of a local call...
MediationProviders in WALawHbk
Mediation providers and There is a variety of mediation providers in Western Australia. In addition to the court annexed mediation services, the following agenc...
ChildrenInNeedOfCareAndProtection in WALawHbk
Children in need of care and protection and In 2004, after decades of discussion, a new Act finally was passed by the Western Australian Parliament to replace t...
LiabilityInTort in WALawHbk
Liability in tort and CHILDREN’S LIABILITY Children are generally liable for the consequences of their wrongful acts. However, the degree of reasonable care req...
School in WALawHbk
School and SCHOOL ATTENDANCE It is compulsory for a child of ‘compulsory school age’ to be enrolled at and attend the relevant primary or secondary school in th...
Working in WALawHbk
Working and EMPLOYMENT The School Education Act makes it unlawful to employ a child of compulsory school age during school hours. Another restriction is contain...
FamilyRelations in WALawHbk
Family relations and PARENTS AND GUARDIANS Broadly speaking, the law does not intervene between the parent and child unless the parent abuses, neglects or fails...
Adoption in WALawHbk
Adoption and Adoption is the legal arrangement where a child has a new parent approved under the provisions of the Adoption Act 1994 (WA) (“the Act”) and which ...
Inquests in WALawHbk
Inquests and The Coroners Act 1996 (WA) (“the Act”) establishes the Office of the State Coroner and sets out the law in relation to the reporting of, and holdin...
Funerals in WALawHbk
Funerals and There are various funeral schemes available to people in Western Australia. Under some schemes a fixed cash benefit may be payable towards the cost...
ContestingAWill in WALawHbk
Contesting a will and INTRODUCTION There are several ways a person may contest a will. A person may want to challenge a will on the basis that it is unjust and ...
InsolventEstates in WALawHbk
Insolvent estates and If the deceased had more debts than assets it is necessary to deal with the estate in a different way from the normal administration. The ...
TheAdministrationOfEstates in WALawHbk
The administration of estates and INTRODUCTION Following the death of a person two distinct phases occur in winding up of that person’s affairs. Firstly, the ne...
InheritanceProblems in WALawHbk
Inheritance problems and ADOPTED CHILDREN Since 1971 adopted children have been treated as if they were natural children born of the deceased for the purposes o...
EstatesAndPropertyOfAboriginalPersons in WALawHbk
Estates and property of Aboriginal persons and TESTATE ESTATES If the deceased person died leaving a valid will, the estate will be distributed according to the...
ProbateAndLettersOfAdministration in WALawHbk
Probate and letters of administration and WHEN THERE IS A WILL When a person dies leaving a will there are certain procedures which have to be gone through befo...
ChangesToWills in WALawHbk
Changes to wills and CHANGED CIRCUMSTANCES A will remains in force until the will maker formally changes all or part of it. The fact that the circumstances of t...
MakingAWillWEF in WALawHbk
Making a will and VALIDITY OF A WILL Formal requirements For a will to be formally valid there are several requirements to be complied with. These are contained...
Wills in WALawHbk
Wills and WHAT IS A WILL? A will is a document which sets out the wishes of a person for the distribution of that person’s property upon death. It includes a co...
ReviewingAnInsurersDecision in WALawHbk
Reviewing an insurer's decision and Some funds provide insured benefits to members. Members are only entitled to receive such total and permanent disability ben...
ReviewingATrusteesDecision in WALawHbk
Reviewing a trustee's decision and HOW TRUSTEES SHOULD MAKE DECISIONS Trustees are required by law to make decisions solely with the interests of the beneficiar...
SuperannuationInsurance in WALawHbk
Insurance and As mentioned, trustees often, but not always, finance the provision of death and total and permanent disability benefits through a group life insu...
DisabilityBenefitDisputes in WALawHbk
Disability benefit disputes and Disputes about total and permanent disability benefits are also common, since a determination of whether the member is disabled ...
DeathBenefitDisputes in WALawHbk
Death benefit disputes and Disputes about death benefits are common. In addition to the benefits which have accumulated in the fund at the date of death, many f...
SuperannuationBenefits in WALawHbk
Superannuation benefits and Trust deeds provide for benefits to be paid to members and their dependants in different circumstances. These include resignation, r...
RegulationOfFunds in WALawHbk
Regulation of funds and Almost all private sector superannuation funds are regulated by the Superannuation Industry (Supervision) Act 1993 (Cth). These are call...
WhatIsASuperannuationTrust in WALawHbk
What is a superannuation trust? and Virtually all private sector superannuation schemes in Australia are organised through the legal device of a trust. A trust ...
SuperannuationSchemesAndBenefits in WALawHbk
Superannuation schemes and benefits and Saving for retirement is encouraged by government in a variety of ways, mainly by giving superannuation tax concessions....
ReviewAppealAndFOI in WALawHbk
Review, appeal and Freedom of Information and REVIEW AND APPEALS Review by an authorised review officer Anyone affected by an adverse decision made by Centrelin...
OverpaymentAndDebts in WALawHbk
Overpayments and debts and Most payments made by Centrelink to people not entitled to them are debts under the Social Security Act, and can be recovered by Cent...
MaintenancePayments in WALawHbk
Maintenance payments and THE REQUIREMENT TO CLAIM CHILD SUPPORT A person receiving family tax benefit A can have the benefit reduced to the minimum rate if they...
EffectOfMarriageAndMarriageLikeRelationships in WALawHbk
Effect of marriage and 'marriage like relationships' and Centrelink must consider whether a person is a ‘member of a couple’ or not when it decides: • whether a...
PaymentsForPeopleWithChildren in WALawHbk
Payments for people with children and PARENTING PAYMENT There are two parts to the parenting payment: • parenting payment (single), paid to single people with d...
Benefits in WALawHbk
Benefits and NEWSTART ALLOWANCE To receive newstart allowance, a person must be: • between 21 and age pension age;• an Australian resident and in Australia (alt...
Pensions in WALawHbk
Pensions and THE AGE PENSION To qualify for the age pension, a person must be: • a man aged at least 65 or a woman aged at least 62 and a half; and • living in ...
EffectOfCompensationPayments in WALawHbk
Effect of compensation payments and Compensation for an injury or condition can reduce a person’s social security payments, or even make a range of payments not...
ResidenceRequirements in WALawHbk
Residence requirements and To be eligible for a pension or allowance, a person must generally be an Australian resident living in Australia at the time of makin...
Assets in WALawHbk
Assets and EXCLUDED ASSETS The Social Security Act defines assets very broadly, but specifically excludes the value of certain assets, including (s.1118(1)): • ...
Income in WALawHbk
Income and The Social Security Act defines income very broadly. It includes, among other things: • salary and wages • interest on bank or building society depos...
SocialSecurityClaims in WALawHbk
Social security claims and LEGISLATION Most federal financial assistance is provided through Centrelink under: • the Social Security Act 1991 (Cth) • the Social...
SocialSecurityEntitlements in WALawHbk
Social Security Entitlements and This chapter deals with financial assistance from the federal government to individuals. It gives an overview of the main forms...
TheOnShoreProtectionProgram in WALawHbk
The on shore protection program and ELIGIBILITY People can be granted protection visas if: • they are already in Australia; and • they are assessed as being owe...
TheOffShoreResettlementProgram in WALawHbk
The off shore resettlement program and ELIGIBILITY People from outside Australia applying for a visa under the off shore resettlement program must generally be ...
RefugeesIntroduction in WALawHbk
Introduction and There are around 13,000 places in the Australian refugee and humanitarian program. The program is for: • refugees and others in humanitarian ne...
Refugees in WALawHbk
Refugees Australia became a party to the 1951 United Nations Geneva Convention Relating to the Status of Refugees in 1954 and acceded to its 1967 Protocol on th...
PrivacyOtherLegislation in WALawHbk
Other legislation and Pharmaceutical Benefits Scheme and Medicare Program Guidelines Section 135AA of the National Health Act 1953 (Cth) gives the Federal Priva...
Sentencing in WALawHbk
Sentencing and SENTENCING PRINCIPLES Where a person is convicted of a crime that person is then sentenced in accordance with the legislation which creates the c...
NeighboursMediation in WALawHbk
Mediation and Neighbours often approach Courts seeking justice without realising their problem may be due to a lack of communication between themselves and the ...
MisconductRestrainingOrders in WALawHbk
Misconduct restraining orders and In cases where there is actual or threatened damage to a person or to property or where there is harassment or offensive or pr...
BuildingsExtensions in WALawHbk
Buildings/extensions and Residential development in WA is currently regulated by the Town Planning and Development Act 1928 (WA). (Note however that the Plannin...
Encroachments in WALawHbk
Encroachments and BUILDINGS ERECTED ON WRONG LAND In some cases, particularly in respect of older blocks of land, disputes may arise as to the correct position ...
DividingFences in WALawHbk
Dividing fences and Obligations of neighbours relating to dividing fences are governed by the Dividing Fences Act 1961 (WA) (“the Act”). Retaining walls and any...
Animals in WALawHbk
Animals and The law governing the responsibility of people for their animals varies according to the type of animal involved and the circumstances surrounding i...
Trees in WALawHbk
Trees and Another common problem between neighbours is caused by trees. Trees can present a range of problems from the irritation of constantly having to rake u...
FireAndSmoke in WALawHbk
Fire and smoke and If smoke from wood heaters, garden incinerators or barbecues is causing a problem, a person can complain to their local Council or Shire. It ...
StatutoryNuisance in WALawHbk
Statutory nuisance and The Health Act 1911 (WA) deems certain matters to be nuisances in the interest of public health (s.182). The general position is that no ...
Trespass in WALawHbk
Trespass and The most common form of trespass is entering or remaining on land without the permission of the owner. Bringing objects such as rubbish onto the pr...
Nuisance in WALawHbk
Nuisance and Relations between neighbours are frequently governed by the common law of nuisance. The law of nuisance is not simple. It must try to balance certa...
Neighbours in WALawHbk
Neighbours and The closeness of living as neighbours creates the potential for conflict over everything from minor irritations like the occasional football over...
AboriginalCorporations in WALawHbk
Aboriginal corporations and Aboriginal and Torres Strait Islander peoples often form corporations to collectively pursue a common activity or undertaking such a...
NTCopyrightAndOtherProtections in WALawHbk
Copyright and other protections and The Copyright Act 1968 (Cth) protects the work of Aboriginal artists and creators in the same way as it does that of other A...
CulturalHeritageLegislation in WALawHbk
Cultural heritage legislation and STATE LEGISLATION: ABORIGINAL HERITAGE ACT 1972 (WA) The Aboriginal Heritage Act (“the AHA”) applies to: (a) any place of impo...
AboriginalCommunitiesAct in WALawHbk
Aboriginal Communities Act 1979 (WA) and This Act is designed to assist Aboriginal communities to manage and control their community lands through a system of b...
Mining in WALawHbk
Mining and The issuing of exploration and mining tenements pursuant to the Mining Act 1978 (WA) is now subject to the requirements set out in the NTA. MINING AC...
MakingAWill in WALawHbk
Making a will and For a will to be valid, the person making it should be of ‘sound mind’. If there is a challenge in the Supreme Court that a will should be set...
MentallyImpairedDefendants in WALawHbk
Mentally impaired defendants and These patients are those admitted to hospital in accordance with the Criminal Law (Mentally Impaired Defendants) Act 1996 (WA) ...
TypesOfPatients in WALawHbk
Types of patients and There are three types of patients within the mental health system: • voluntary patients; • involuntary patients; and • mentally impaired d...
MentalHealthLegislation in WALawHbk
Legislation and The Mental Health Act 1996 (WA) (“the Act”) commenced operation in November 1997. The purpose of the Act is: • to ensure people with mental illn...
InsuranceClaimLimitationPeriod in WALawHbk
The limitation period for making a claim against an insurance company and In Western Australia, the limitation period for a cause of action against an insurance...
Insurance in WALawHbk
Insurance and This section concerns general insurance, not marine, life or health insurance. It discusses why you might want insurance, how the insurance indust...
InsuranceCompanyCourtConduct in WALawHbk
An insurance company's conduct of a court action on your behalf and It is common for an insurance company to offer to take over the defence of a claim against y...
InsuranceOmbudsmanService in WALawHbk
The insurance ombudsman service and WHAT CAN YOU DO IF YOU ARE NOT HAPPY WITH HOW AN INSURANCE COMPANY HAS DEALT WITH YOUR CLAIM? Firstly, you can ask the perso...
InsuranceContractFeatures in WALawHbk
Some important features of the insurance contract and THE DUTY OF UTMOST GOOD FAITH The governing feature of the insurance contract is the duty of utmost good f...
InsuranceImportantPoints in WALawHbk
Important things you must do when you are about to get insurance and when you have insurance, including when you make a claim and THE DUTY OF DISCLOSURE Section...
InsuranceIntroduction in WALawHbk
Introduction and WHY YOU MIGHT WANT INSURANCE Taking out insurance will not prevent injury or property damage from happening. For example, buying motor vehicle ...
DealingWithTheDepartmentOfImmigration in WALawHbk
Dealing with the Department of Immigration and Whenever you make contact with the Department of Immigration you should keep a note of the time and the name of t...
MigrationAgentsRegistrationScheme in WALawHbk
Migration agents' registration scheme and As from 21 September 1992, anyone who uses knowledge of migration procedures to advise, make representations on behalf...
FreedomOfInformation in WALawHbk
Freedom of information and The Freedom of Information Act 1982 (Cth) gives the right of access to official documents of Commonwealth departments and authorities...
ReviewRights in WALawHbk
Review rights and WHEN CAN A DEPORTEE APPEAL TO THE AAT? Where the Minister signs a deportation order against a permanent resident (as distinct from an unlawful...
RemovalAndDeportation in WALawHbk
Removal and deportation and WHO MAY BE REMOVED? Unlawful non citizens are subject to removal from Australia for reasons given in the Migration Act. All persons ...
EntryByMigrants in WALawHbk
Entry to migrants and Australia’s immigration policy is stated to be selective but non discriminatory in terms of race, nationality, creed or sex and to be guid...
ContentOfTheTreaties in WALawHbk
Content of the treaties and The International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights is the principal h...
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