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Law Handbook Online - South Australia
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- ACCIDENTS AND INJURIES
- INTRODUCTION
- NEGLIGENCE
- ACCIDENTS ON PRIVATE & PUBLIC PROPERTY
- WHO IS LIABLE?
- THE OCCUPIER'S RESPONSIBILITIES
- ACCIDENTS ON ROADS AND FOOTPATHS
- ACCIDENTS INVOLVING ANIMALS
- INJURIES CAUSED BY DOGS
- INJURIES CAUSED BY OTHER ANIMALS
- INJURIES TO ANIMALS
- ACCIDENTS AT WORK
- WORKERS COMPENSATION
- AT COMMON LAW
- COMMONWEALTH EMPLOYEES
- SAFETY LEGISLATION
- VICTIMS OF CRIME COMPENSATION
- Who can claim compensation?
- Proving the offence
- How much can be claimed?
- Conduct of the victim
- Claims arising from homicide
- Making the claim
- Children's claims
- When does a claim not arise?
- Where does the money come from?
- Discretionary payments by the Attorney-General
- Contacts
- MOTOR VEHICLE ACCIDENTS
- LEGAL OBLIGATIONS AFTER AN ACCIDENT
- CLAIMING COMPENSATION
- PERSONAL INJURIES
- PROPERTY DAMAGE
- ARREST, YOUR RIGHTS AND BAIL
- INTRODUCTION
- ARREST AND QUESTIONING
- SUPPLYING INFORMATION
- SEARCH AND SEIZURE
- ARREST
- AFTER ARREST
- SPECIAL RIGHTS
- WHEN LEGAL RIGHTS ARE NOT GIVEN
- YOUR RIGHTS
- BAIL
- WHAT IS BAIL?
- APPLYING FOR BAIL
- CONDITIONS OF BAIL
- REFUSAL AND REVIEW OF BAIL DECISIONS
- ENFORCEMENT OF BAIL AGREEMENT
- WARRANTS
- TERMINATION OF BAIL
- BANKRUPTCY
- INTRODUCTION
- WHAT IS BANKRUPTCY?
- Who is involved?
- TYPES OF BANKRUPTCY
- Who can become bankrupt?
- ALTERNATIVES TO BANKRUPTCY
- Advantages
- Disadvantages
- EFFECTS OF BANKRUPTCY
- The bankrupt's property
- The home
- Motor vehicles
- Consumer mortgages and bills of sale
- Money received
- Goods disposed of for less than market value
- Travelling overseas
- Property a bankrupt can keep
- Income
- Offences under the Bankruptcy Act
- What does it cost to go bankrupt?
- DEBTS
- Debts covered by bankruptcy
- Exceptions i.e. debts not covered by bankruptcy
- Essential services, rates and traffic fines
- RIGHTS OF BANKRUPTS
- HOW TO GO BANKRUPT
- Public examination
- ENDING A BANKRUPTCY
- Automatic discharge
- Early discharge
- Objections to discharge
- Annulment
- WHO SHOULD CONSIDER BANKRUPTCY?
- BUSINESS AND COMMUNITY ORGANISATIONS
- INTRODUCTION
- COMMUNITY ORGANISATIONS
- UNINCORPORATED ASSOCIATIONS
- INCORPORATED ASSOCIATIONS
- PRESCRIBED ASSOCIATIONS
- INCORPORATION AS A CO-OPERATIVE
- INCORPORATION AS A COMPANY
- INCORPORATION UNDER A SPECIFIC ACT
- INSURANCE
- VOLUNTEER PROTECTION
- LICENCES AND REGISTRATIONS
- BUSINESS ORGANISATIONS
- GOING INTO BUSINESS
- OWNING A BUSINESS
- COMPANY DIRECTORS
- CRIMINAL OFFENCES
- BUYING A BUSINESS
- RUNNING A BUSINESS
- REGULATION OF COMPANIES
- EVICTION BY LANDLORD
- REPOSSESSION BY A MORTGAGEE
- CHANGING OWNERS OF A BUSINESS
- DISSOLUTION OF A BUSINESS
- CHILDREN
- INTRODUCTION
- CHILDREN AND THE LAW
- PARENTAL RESPONSIBILITIES
- LEAVING HOME
- LEGAL AGE TO BABYSIT
- PHYSICAL PUNISHMENT
- NEGLECTED OR ABUSED CHILDREN
- LEGAL ACTION
- CIVIL LIABILITY
- PARENTAL LIABILITY
- EMPLOYMENT
- SEXUAL RELATIONSHIPS & AGE OF CONSENT
- INCEST
- MARRIAGE
- MEDICAL TREATMENT
- ABORTION
- CHILD SEXUAL ASSAULT
- DRINKING ALCOHOL
- DRIVING
- SMOKING
- GAMBLING
- TATTOOING & BODY PIERCING
- FIREARMS
- WILLS
- CONTRACTS
- GRAFFITI
- EDUCATION
- YOUNG OFFENDERS
- CRIMINAL RESPONSIBILITY
- POLICE QUESTIONING
- JUVENILE JUSTICE SYSTEM
- DETENTION
- LEGAL ADVICE AND ASSISTANCE
- CHILD PROTECTION
- VOLUNTARY CUSTODY ARRANGEMENTS
- NOTIFICATION
- REMOVAL OF CHILDREN IN DANGER
- FAMILY CARE MEETINGS
- CARE AND PROTECTION ORDERS
- LEGAL REPRESENTATION
- YOUR RIGHTS
- FAMILY
- BECOMING INDEPENDENT
- HEALTH
- SCHOOL
- POLICE
- WITNESSES AND VICTIMS OF CRIME
- DISCRIMINATION & EQUAL OPPORTUNITY
- CITIZENSHIP
- CENSORSHIP
- WEAPONS
- COMPLAINTS
- INTRODUCTION
- Complaints against government
- Government decisions
- The Ombudsman
- Commonwealth Ombudsman
- South Australian Ombudsman
- Commonwealth Administrative Appeals Tribunal
- State administrative appeals
- Judicial Review
- Challenging a decision
- Application for judicial review - State
- Administrative Decisions (Judicial Review) Act 1977 (Cth)
- Complaints against police
- Investigating a complaint
- Review by the authority
- Taking remedial action
- Police Disciplinary Tribunal
- Police Complaints Authority
- Making a complaint
- Complaints not investigated
- Complaints against lawyers
- Legal Practitioners Disciplinary Tribunal
- Complaints against banking and financial services
- Complaints against credit unions
- Complaints against health and community services
- Chiropractors and osteopaths
- Dentists
- Doctors
- Physiotherapists
- Medicare
- Complaints against insurance companies
- Complaints against insurance companies
- Private health insurance
- Complaints against insurance brokers
- Complaints against traders
- Complaints against vocational education or training
- CONSUMERS AND CONTRACTS
- INTRODUCTION
- CONTRACTS
- WHAT IS A CONTRACT?
- MAKING A CONTRACT
- WHEN A CONTRACT MUST BE IN WRITING
- WHO CAN MAKE A CONTRACT
- WHAT DOES A CONTRACT REQUIRE?
- ARE YOU BOUND ONCE YOU SIGN A CONTRACT?
- EXCLUSION CLAUSES
- PENALTY CLAUSES
- DEFECTIVE GOODS
- ACTIONS FOR NEGLIGENCE
- MISREPRESENTATION
- REMEDIES FOR BREACH OF CONTRACT
- ILLEGAL CONTRACTS
- WHEN A CONTRACT ENDS
- CONSUMER PROTECTION
- UNSATISFACTORY GOODS AND SERVICES
- WARRANTIES
- FALSE AND MISLEADING PRACTICES
- SOME SPECIFIC AREAS of CONSUMER PROTECTION
- CONSUMER REMEDIES
- CONSUMER CREDIT
- CONSUMER CREDIT CODE
- DISCLOSURE REQUIREMENTS
- CONSUMER RIGHTS
- CHANGING A CONTRACT
- TERMINATION
- CONSUMER CREDIT CONTRACTS BEFORE THE CODE
- CREDIT RATINGS
- SOME COMMON CREDIT ISSUES
- BANKING
- THE BANK AND CUSTOMER RELATIONSHIP
- ELECTRONIC FUNDS TRANSFER
- SAVINGS ACCOUNTS
- BANKCARD, MASTERCARD AND VISA
- CHEQUES
- BANKING STANDARDS AND DISPUTES
- CREDIT CONTROL
- COPYRIGHT
- INTRODUCTION
- PROTECTED MATERIAL
- LEGAL RIGHTS OF OWNERS
- MORAL RIGHTS
- WHO OWNS COPYRIGHT?
- DURATION OF COPYRIGHT
- AUTOMATIC PROTECTION
- INTERNATIONAL PROTECTION
- ASSIGNMENTS AND LICENCES
- INFRINGEMENT AND REMEDIES
- USING COPYRIGHT MATERIAL
- Acts that do not infringe copyright
- DESIGNS AND COPYRIGHT
- COMMONLY ASKED QUESTIONS
- CRIMINAL AND TRAFFIC OFFENCES
- INTRODUCTION
- GENERAL PRINCIPLES IN CRIMINAL LAW
- ELEMENTS OF A CRIMINAL OFFENCE
- TYPES OF CRIMES AND COURTS
- Summary Offences
- Minor Indictable Offences
- Major Indictable Offences
- Youth Offences
- Coroner's Court
- The Jury
- COMMON OFFENCES
- OFFENCES AGAINST THE PERSON
- OFFENCES AGAINST PROPERTY
- OFFENCES AGAINST THE POLICE
- OFFENCES AGAINST PUBLIC ORDER
- SEXUAL OFFENCES
- TYPES OF SEXUAL ASSAULTS
- CHILD SEXUAL ASSAULT
- EVIDENCE
- COMPENSATION FOR VICTIMS
- LEGAL PROCEDURES
- OTHER SEXUAL OFFENCES
- DRUGS
- PERSONAL USE
- POSSESSION
- DEALING AND MANUFACTURE
- PENALTIES
- POLICE POWERS
- ADDITIONAL OFFENCES
- TRAFFICKING
- IMPORTING
- PENALTIES FOR IMPORTATION/TRAFFICKING
- POLICE AND CUSTOMS POWERS
- TRAFFIC OFFENCES
- DRIVER'S LICENCES
- DEMERIT POINTS
- ALCOHOL, DRUGS AND DRIVING
- DEFECT NOTICES
- DRIVING OFFENCES
- PARKING OFFENCES
- PEDESTRIAN OFFENCES
- HOW OFFENCES ARE DEALT WITH
- DEFENCES
- Alibi
- Intoxication
- Provocation
- Self defence
- Defence of property
- Home invasion
- Consent
- Necessity
- Duress
- Mental Impairment
- Reasonable Doubt
- Children
- COURT - CRIMINAL MATTERS
- Introduction
- SUMMARY OFFENCES
- BRINGING A DEFENDANT TO COURT
- FIRST APPEARANCE IN COURT
- BEING DEALT WITH BY THE COURT
- THE TRIAL
- INDICTABLE OFFENCES
- ELECTION
- BRINGING THE PERSON CHARGED TO COURT
- PRELIMINARY EXAMINATION
- ATTENDING A SUPERIOR COURT
- PRE-TRIAL MATTERS
- TRIALS
- THE SENTENCING PROCESS
- MATTERS AFFECTING SENTENCE
- SENTENCING PROCEDURE
- PENALTIES
- FINE ENFORCEMENT
- APPEALS
- MAGISTRATES COURT APPEALS
- SUPERIOR COURT APPEALS
- EVIDENCE
- SOME EVIDENCE ISSUES
- EFFECTS OF CRIMINAL CONVICTIONS
- LEGAL CONSEQUENCES
- DUTY TO DISCLOSE CHARGES PROVED
- COURT - SUING OR BEING SUED
- CIVIL CLAIMS
- ENFORCEABLE PAYMENT AGREEMENTS
- MINOR CIVIL CLAIMS
- Giving notice of the intended claim
- Filing the claim
- What does it cost to start a minor claim?
- How is the minor claim served on the defendant?
- What happens after the minor claim is served?
- How is a minor claim defended?
- How is a defended minor claim dealt with by the court?
- How is an undefended minor claim dealt with?
- What steps can be taken to collect money under a judgment?
- MAGISTRATES COURT (GENERAL CLAIMS)
- DISTRICT COURT AND SUPREME COURT
- DEBT
- INTRODUCTION
- DEBT OR DAMAGES?
- DEMAND FOR PAYMENT
- Response to letter of demand
- DEBTORS' OPTIONS
- Legal remedies
- Effect on credit record
- HARASSMENT
- GOING TO COURT
- Time limits
- Which court?
- Issuing the claim
- Serving the claim
- ADMITTING A CLAIM
- Debtor does nothing
- Admission of liability
- Payment into court
- Agreement as to judgment
- Informal agreements
- DEFENDING A CLAIM
- Filing a defence
- Setting the judgment aside
- Admission of facts and discovery
- COUNTERCLAIM
- SETTLING A MATTER
- THE HEARING
- Legal representation
- Adjournments
- Failing to attend hearing
- COSTS
- Interest
- AFTER THE HEARING
- Applying for a new hearing
- HOW TO MAKE THE DEBTOR PAY
- Sale of assets
- Investigation Hearing
- Examination Hearing
- Imprisonment
- Garnishee order
- Attachment of property and earnings
- Bankruptcy
- DEFAMATION
- INTRODUCTION
- WHAT IS DEFAMATION?
- Who can defame and be defamed
- WHERE CASES ARE HEARD
- LIBEL OR SLANDER
- PUBLICATION
- DEFENCES
- Innocent Dissemination
- Truth
- Fair comment
- Absolute privilege
- Qualified privilege
- Proceedings of Public Concern
- Vulgar abuse, jest and triviality
- Whistleblowers Protection Act
- OFFER TO MAKE AMENDS
- Apologies
- REMEDIES
- Damages
- Injunctions
- Time limits
- Other remedies
- DISCRIMINATION
- INTRODUCTION
- Age discrimination
- Disability discrimination
- Marital status
- Pregnancy or family responsibilities
- Racial discrimination
- Sex discrimination
- Sexuality
- Whistleblowers and victimisation
- Special measures
- Making a complaint
- EMPLOYMENT
- INTRODUCTION
- EMPLOYEES AND CONTRACTORS
- Express and implied terms of the contract
- The employee's duty - co-operation, care and fidelity
- The employer's duties and rights
- Other terms implied by circumstances
- Casual employees
- LEGISLATION GOVERNING THE WORKPLACE
- FEDERAL INDUSTRIAL RELATIONS LAW
- Who is covered by the Workplace Relations Act?
- Australian Fair Pay and Conditions Standards
- Federal awards
- Awards and the Australian Industrial Relations Commission
- How to enforce award conditions
- Federal Collective Agreements
- Bargaining and protected industrial action
- How to enforce a CA
- Australian Workplace Agreements (AWA)
- Workplace Authority and Workplace Ombudsman
- Fairness Test
- Bargaining agents
- SOUTH AUSTRALIAN LAW GOVERNING THE WORKPLACE
- Awards
- Enterprise Agreements
- Minimum standards
- Employee Ombudsman
- OTHER LEGISLATION
- Long Service Leave
- Equal Opportunity
- Occupational health, safety and welfare
- TERMINATING EMPLOYMENT
- Upon the sale or winding up of the business
- By giving notice
- By breach or variation of the employment contract
- Summary dismissal - 'on the spot'
- UNFAIR DISMISSAL
- Unfair dismissal under federal law
- Unfair dismissal under State law
- Harsh, unjust and unreasonable
- When is a dismissal unfair?
- Constructive dismissal
- Remedies
- Unlawful termination under Federal law
- Redundancy
- ADMINISTRATIVE REMEDIES
- Natural justice
- Statutory employees
- EMPLOYMENT AND CRIMINAL RECORDS
- ENDURING POWER OF GUARDIANSHIP
- ENDURING POWER OF GUARDIANSHIP
- HELP FOR GUARDIANS
- REVOKING A POWER OF GUARDIANSHIP
- FORMS
- POWERS OF AN ENDURING GUARDIAN
- Restrictions on enduring guardians
- PRINCIPLES TO BE OBSERVED
- Need for an enduring guardian
- HOW IS AN ENDURING GUARDIAN APPOINTED?
- An enduring guardian's relationship to others
- Who can be an enduring guardian?
- ENVIRONMENT
- INTRODUCTION
- RESPONSIBILITY FOR THE ENVIRONMENT
- Commonwealth responsibility
- State responsibility
- Local Government
- International Environmental Law
- Individual Responsibility
- ENVIRONMENT PROTECTION & BIODIVERSITY CONSERVATION ACT
- The EPBC Act
- What does the EPBC Act do?
- What is a 'matter of national environmental significance' (MNES)?
- What is an 'action'?
- What is a 'significant impact'?
- How is the assessment and approval process triggered?
- Commonwealth approval
- Public Participation in EPBC decisions
- Does the EPBC Act override State Law?
- Enforcing the EPBC Act
- POLLUTION & WASTE
- Environment Protection Act
- Pollution and waste licences
- Environment Protection Policies
- Noise Pollution
- Air Pollution
- Water Pollution
- Ozone depletion
- Waste Disposal
- Pollution Offences
- EPA Orders
- NATURE CONSERVATION
- PROTECTED AREAS
- CONSERVATION OF NATIVE PLANTS AND ANIMALS
- NATURAL RESOURCE MANAGEMENT
- NATIONAL HERITAGE PROTECTION
- WORLD HERITAGE
- STATE HERITAGE
- State Heritage Register
- Entry onto the State Heritage Register
- State Heritage and Development Control
- Heritage Agreements
- Stop Orders
- Restoration and No Development Orders
- NATIONAL TRUST
- ABORIGINAL HERITAGE
- Register of Aboriginal Sites and Objects
- Inspection and Control of Aboriginal Heritage
- MOVABLE CULTURAL HERITAGE
- SHIPWRECKS IN AUSTRALIAN WATERS
- SHIPWRECKS IN STATE WATERS
- DEVELOPMENT AND THE ENVIRONMENT
- ENVIRONMENTAL IMPACT ASSESSMENT
- MINING
- FARMING
- FISHING
- FAMILY RELATIONSHIPS
- INTRODUCTION
- Contact points
- FAMILY DISPUTE RESOLUTION
- Family dispute resolution and Legal Aid
- Mediation and Counselling
- GOING TO COURT
- Which court?
- Pre-action procedures
- Disclosure
- Expert witnesses
- Legal costs
- Disputes about costs
- MARRIAGE
- SEPARATION AND DIVORCE
- Rights and duties during separation
- Applying for a divorce
- Joint applications
- Appearing in court
- Arrangements for children
- Divorce Decree
- Divorce by post
- Opposing divorce
- Appeal against grant of decree nisi
- Annulment
- FAMILY VIOLENCE
- PRACTICAL MEASURES
- CRIMINAL CHARGES
- GOING TO COURT
- CHILDREN
- COMING TO AN AGREEMENT
- APPLYING TO THE FAMILY COURT
- THE HEARING
- ORDERS THAT MAY BE MADE
- HOW THE COURT DECIDES
- REPORTS
- INDEPENDENT CHILDREN'S LAWYER
- CHILD SUPPORT
- INTRODUCTION
- PROVING PATERNITY
- CENTRELINK AND CHILD SUPPORT
- CHILD SUPPORT ASSESSMENTS
- CHILD SUPPORT AGREEMENTS
- COLLECTION OF CHILD SUPPORT & MAINTENANCE LIABILITIES
- COURT APPLICATIONS
- PROPERTY
- Introduction
- APPLICATIONS FOR PROPERTY SETTLEMENT
- THE FAMILY HOME
- SUPERANNUATION
- CHANGING PROPERTY ORDERS
- COMMON MISCONCEPTIONS
- SPOUSAL MAINTENANCE
- DE FACTO RELATIONSHIPS
- What is a de facto relationship?
- Is a de facto relationship the same as a marriage?
- Agreements about property
- Types of written agreements
- Property Disputes
- Stamp duty
- Children
- Child support
- Spousal maintenance
- Legal rights following the death of a partner
- Property and de facto relationships not covered by the Domestic Partners Property Act 1996
- SAME-SEX RELATIONSHIPS
- Which same-sex relationships are recognised in South Australia?
- Are same-sex relationships treated the same as opposite sex (de facto) relationships and marriages in South Australia?
- Marriage (Commonwealth)
- Social Security(Commonwealth)
- Taxation (Commonwealth)
- Immigration (Commonwealth)
- PROPERTY
- CHILDREN AND CHILD SUPPORT
- LEGAL RIGHTS FOLLOWING THE DEATH OF A PARTNER
- ADOPTION
- General information
- Step-parent adoption
- Relinquishing parents and their consent
- Dispensation of consent
- Birth certificates
- Access to information
- Contact points
- CHANGE OF NAME
- REGISTERING A CHANGE OF NAME
- CHANGING A CHILD'S NAME
- GUARDIANSHIP & ADMINISTRATION
- Guardianship and Administration
- Mental Incapacity
- Guardianship Board
- Representation at the hearing
- Emergencies and urgent matters
- Guardians - powers and duties
- When to give consent
- Other consent issues
- Administrators - powers and duties
- Principles of Substituted Judgement
- Reviews and Appeals
- Office of the Public Advocate
- Advocacy
- Guardian of last resort
- Investigations
- Education
- HOUSING
- PRIVATE RENTAL ACCOMMODATION
- ROOMING HOUSES
- TENANCY AGREEMENTS
- FIXED TERM OR PERIODIC TENANCIES?
- SHARED TENANCIES
- BECOMING A TENANT
- RENTAL EXPENSES
- RIGHTS AND OBLIGATIONS
- BREAKING A TENANCY AGREEMENT
- ENDING A TENANCY
- THE RESIDENTIAL TENANCIES TRIBUNAL
- RESIDENTIAL PARKS
- INTRODUCTION
- WHAT AGREEMENTS DOES THE RESIDENTIAL PARKS ACT COVER?
- TYPES OF RESIDENTIAL PARK AGREEMENTS
- MAKING A RESIDENTIAL PARK AGREEMENT
- WHAT ARE THE RIGHTS AND RESPONSIBILITIES OF EACH OF THE PARTIES?
- BOND AND RENT
- SUB-LETTING AND ASSIGNMENT
- ENDING AN AGREEMENT
- ABANDONED PROPERTY
- DISPUTES
- PUBLIC HOUSING - HOUSING SA
- THE WAITING LIST
- RENTS
- TENANCY ISSUES
- SPECIAL HOUSING PROGRAMS
- ASSISTANCE TO HOME BUYERS
- APPEALS
- PRIVATE RENTAL ASSISTANCE PROGRAM
- HOUSING IMPROVEMENT
- DISCLOSURE OBLIGATIONS
- TENANTS RIGHTS
- COMMUNITY HOUSING
- SOUTH AUSTRALIAN COMMUNITY HOUSING AUTHORITY
- COMMUNITY HOUSING ORGANISATIONS
- STRATA and COMMUNITY TITLES
- BUYING A STRATA or COMMUNITY TITLE
- STRATA TITLES
- COMMUNITY TITLES
- BUYING A HOME
- TITLES
- OBTAINING FINANCE
- LAND AGENTS
- THE CONTRACT
- GENERAL CONDITIONS OF THE CONTRACT
- THE SCHEDULE
- SPECIAL CONDITIONS
- ADVICE BEFORE SIGNING THE CONTRACT
- AFTER SIGNING THE CONTRACT
- AFTER SETTLEMENT
- HOUSE AND LAND PACKAGES
- IMMIGRATION AND REFUGEES
- INTRODUCTION
- Family Visas
- Skilled Visas
- Refugee, Humanitarian and Protection Visas
- Student Visas
- Visitors' Visas
- Bridging Visas
- Migration Agents
- Where to get migration assistance in South Australia
- INSURANCE and SUPERANNUATION
- INTRODUCTION
- INSURANCE
- TYPES OF INSURANCE
- BUYING INSURANCE
- LEGAL OBLIGATIONS
- MAKING A CLAIM
- RENEWAL AND CANCELLATION
- DISPUTES
- HEALTH INSURANCE
- Contact points
- SUPERANNUATION
- Introduction
- THE DESIGN OF SUPERANNUATION FUNDS
- REGULATION OF SUPERANNUATION FUNDS
- TYPES OF SUPERANNUATION FUNDS
- SUPERANNUATION BENEFITS
- BENEFIT PAYMENT ISSUES
- DISPUTE RESOLUTION
- LEGAL HELP
- INTRODUCTION
- When to seek legal assistance
- Legal Aid
- Contacts
- LEGAL SERVICES COMMISSION
- Introduction
- APPLYING FOR LEGAL AID
- WHEN LEGAL AID IS AVAILABLE
- APPEALS
- OTHER LEGAL AID COMMISSIONS
- LEGAL PROFESSION
- COSTS
- COMPLAINTS AGAINST LAWYERS
- OTHER LEGAL SERVICES
- Community Legal Services
- Law Society of South Australia
- Litigation Assistance Fund
- First Interview Scheme
- Aboriginal Legal Rights Movement
- Unions
- Justices of the Peace
- LEGAL SYSTEM
- INTRODUCTION
- WHAT IS A LAW?
- SOURCES OF LAW
- Case Law
- Legislation
- The Effect of Legislation on Case Law
- THE AUSTRALIAN CONSTITUTIONAL SYSTEM
- LAW REFORM
- ADVERSARIAL MODEL
- STATE COURTS
- COMMONWEALTH COURTS
- High Court of Australia
- Federal Court of Australia
- Family Court of Australia
- Federal Magistrates Court
- TRIBUNALS
- THE COURT SYSTEM
- ALTERNATIVE DISPUTE RESOLUTION
- Advantages of alternative dispute resolution
- Unassisted negotiation
- Lawyer to lawyer negotiation
- Mediation
- Conciliation
- Expert Appraisal
- Expert Determination
- Arbitration
- When not to use alternative dispute resolution
- ALTERNATIVE DISPUTE RESOLUTION SERVICES
- Community Mediation Services
- Family Mediation
- Commercial and Other Mediation Services
- Contact points
- HOW TO FIND THE LAW
- Acts and Delegated Legislation
- HOW TO READ AN ACT
- Law Reports
- HOW TO READ A CASE
- LEGAL TERMS
- INTRODUCTION
- LOCAL GOVERNMENT AND PLANNING
- INTRODUCTION
- LOCAL GOVERNMENT
- Council Structure
- Council Services
- Council Funding
- Council Meetings
- PLANNING AND DEVELOPMENT
- PLANNING STRATEGY
- DEVELOPMENT PLANS
- DEVELOPMENT CONTROL
- MAJOR DEVELOPMENT (and EIA)
- DEVELOPMENT BY STATE AGENCIES
- BUILDING WORK
- APPEALS
- OFFENCES
- APPEALS TO SUPREME COURT
- COMPULSORY ACQUISITION OF LAND
- HELPFUL RESOURCES
- MEDICAL TREATMENT & RELATED ISSUES
- PATIENTS' RIGHTS
- CONSENT
- Children under 16 years
- When someone can't consent
- OBTAINING MEDICAL RECORDS
- MEDICAL NEGLIGENCE
- What is negligence?
- Difficulties in medical negligence cases
- Taking legal action
- Help and advice
- The duty owed by hospitals to patients
- Other claims
- CONFIDENTIALITY
- duty to maintain confidentiality
- breach of confidence
- duty of confidentiality in contract
- ACQUIRED IMMUNE DEFICIENCY SYNDROME (HIV/AIDS)
- HEALTH PRODUCT SAFETY
- Action against the supplier
- Action against the manufacturer
- MENTAL HEALTH
- Mental Health Act
- Defining Mental Illness
- Compulsory Community Treatment
- Being Detained
- Examination by a psychiatrist
- Patient's Statement of Rights
- Police and ambulance officers' powers
- Continuing detention and treatment
- Reviews and Appeals
- Statements of rights, and reasons for Guardianship Board decisions
- Appeals against Guardianship Board orders
- Prescribed Treatment
- Electro-Convulsive Therapy and Psychosurgery
- NEIGHBOURS
- INTRODUCTION
- FENCES
- Sharing costs between neighbours
- Disputes
- Access to property
- Common questions about fences
- BOUNDARY LOCATION
- RETAINING WALLS
- ENCROACHING BUILDINGS
- ENTRY ONTO PRIVATE LAND
- Rights of way
- Reclaiming goods
- Trespassers
- NUISANCE
- Water
- Noise
- Air pollution
- Trees
- Significant trees
- Possible dangers
- ANIMALS
- Who is responsible for a dog?
- Duties of dog owners
- Dog attacks
- Control of certain types of dogs
- Council by-laws
- Registration of dogs
- Seizure and destruction of dogs
- Barking dogs
- Prescribed dogs
- Cats
- Cruelty to animals
- RESTRAINING ORDERS
- NEIGHBOURS' ACTIVITIES
- Privacy
- Use of land
- Development objections
- PENALTIES AND EXPIATION FEES
- Standard scales for penalties and fees
- PENSIONS, ALLOWANCES AND PAYMENTS
- INTRODUCTION
- CENTRELINK
- Clients' responsibilities
- Clients' rights
- Debts and overpayments
- Challenging a Centrelink decision
- VETERANS
- PENSIONS
- APPEALS
- POWERS OF ATTORNEY
- TYPES OF POWERS OF ATTORNEY
- LOSS OF LEGAL CAPACITY
- HOW TO MAKE A POWER OF ATTORNEY
- Land
- Signing a power of attorney
- Commencement
- Interstate and overseas use
- SAFEGUARDING A DONOR'S INTERESTS
- DUTIES OF A DONEE
- ENDING A POWER OF ATTORNEY
- PRISONERS
- INTRODUCTION
- IMPRISONMENT
- Prison Institutions
- Types of prisoners
- GOING TO GAOL
- Admission to prison
- Searches
- Life in prison
- Solitary confinement
- Contacting prisoners
- Breaches of regulations
- Hearings and inquiries
- OFFENCES IN PRISON
- Obstructing a Visiting Tribunal
- Breach of leave conditions
- Escaping
- Offences by others
- RELEASE OF SENTENCED PRISONERS
- Leave of absence
- Home detention
- Parole
- Licence
- Remission
- CHILDREN
- ASSISTANCE FOR PRISONERS
- Duty Solicitor
- The Prison Chaplain
- The Ombudsman
- Offenders Aid and Rehabilitation Services
- Prisoners' Advocacy
- PRIVACY AND ACCESS TO INFORMATION
- INTRODUCTION
- ACCESS TO GOVERNMENT INFORMATION
- STATE GOVERNMENT
- THE COMMONWEALTH GOVERNMENT
- ACCESS TO NON-GOVERNMENT INFORMATION
- PRIVACY ACT
- CONSUMER CREDIT INFORMATION
- PERSONAL FILES
- PRIVACY
- PRIVACY (SOUTH AUSTRALIAN GOVT)
- PRIVACY (COMMONWEALTH GOVT)
- TAXATION
- INTRODUCTION
- Contact points
- INCOME TAX
- Legislation
- What is income?
- Residents and non-residents
- TAX RETURNS
- Introductions
- INCORRECT RETURNS
- TAX ASSESSMENTS & OBJECTIONS
- Assessments
- How long does it take?
- Taxation enquiries
- Objections
- How to object
- The Tax Office response
- Time limits
- Reconsideration
- Appeals
- The Small Taxation Claims Tribunal
- The Administrative Appeals Tribunal
- The Federal Court
- Appeals by the commissioner
- The full Federal Court
- The High Court
- The Taxpayers Charter
- The Ombudsman
- The Inspector-General of Taxation
- PAYMENT OF TAX
- If there is a dispute
- Extensions of time and payment by instalments
- Hardship relief
- Effect of bankruptcy
- PAYG - Pay as you go
- Reporting requirements
- Tax file numbers
- The Medicare levy
- DEDUCTIONS
- Work related items
- Superannuation
- Donations
- Substantion requirements
- Car and travel expenses
- Non deductible items
- Foreign source income
- Tax offsets
- OTHER TAXES
- Capital Gains Tax
- Fringe benefits tax
- Payroll tax
- The goods and services tax
- Stamp duty
- Gift and death duties
- STATE TAXES
- Payroll Tax
- Stamp Duty
- Land Tax
- Debits Tax and FID
- Gift and death duties
- WILLS, ESTATES AND FUNERALS
- INTRODUCTION
- WILLS
- MAKING A WILL
- VALID WILLS
- SIGNING AND WITNESSING A WILL
- SAMPLE WILLS AND CLAUSES
- CHANGING A WILL
- CONTESTING A WILL
- GETTING A COPY OF A WILL
- ESTATES
- IF THERE IS A WILL
- IF THERE IS NO WILL
- PROBATE AND LETTERS OF ADMINISTRATION
- EXECUTORS AND TRUSTEES
- PAYMENT OF DEBTS
- BANKRUPT ESTATES
- RELEASE OF ASSETS
- HARDSHIP
- LEGAL ACTIONS
- COSTS
- INHERITANCE PROBLEMS
- FUNERALS
- ORGAN DONATION
- NATURAL DEATH
- DYING IN HOSPITAL
- EUTHANASIA
- CORONER'S INQUESTS
- SUICIDE
- STILLBORN BABIES
- NEXT OF KIN
- OBTAINING A DEATH CERTIFICATE
- ARRANGING A FUNERAL
- FINANCIAL ASSISTANCE
- BURIALS
- Glossary
- Legislation
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Acts and Legislation
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