50 recent changes in WALawHbk Web retrieved at 15:20 (AEDT)
PaymentsForPeopleWithChildren
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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
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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
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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
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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
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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
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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
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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
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Social security claims and LEGISLATION Most federal financial assistance is provided through Centrelink under: • the Social Security Act 1991 (Cth) • the Social...
SocialSecurityEntitlements
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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
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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
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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
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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
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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
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Other legislation and Pharmaceutical Benefits Scheme and Medicare Program Guidelines Section 135AA of the National Health Act 1953 (Cth) gives the Federal Priva...
Sentencing
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Aboriginal corporations and Aboriginal and Torres Strait Islander peoples often form corporations to collectively pursue a common activity or undertaking such a...
NTCopyrightAndOtherProtections
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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
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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
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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
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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
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Types of patients and There are three types of patients within the mental health system: • voluntary patients; • involuntary patients; and • mentally impaired d...
MentalHealthLegislation
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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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