Law Handbook Online - South Australia

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ACCIDENTS AND INJURIES
Accidents on private and 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
Motor vehicle accidents
Legal obligations after a motor vehicle accident
Claiming Compensation
Personal Injuries
Property Damage
Accidents at work
Workers Compensation
At Common Law
Commonwealth Government Employees
Safety legislation
Negligence
Children and negligence
Accidents and injuries at school
ADVANCE DIRECTIVES
Powers of Attorney
Loss of Legal Capacity
How to make a Power of Attorney
Safeguarding a Donor's Interests
Duties of a Donee
Ending a Power of Attorney
Advance Care Directives
The Advance Care Directives Act
Making an advance care directive
When an advance care directive can be used
Changing or revoking an advance care directive
What can be included in an advance care directive
Giving effect to an advance care directive
Advance care directives before July 2014
Disputes about advance care directives
ARREST, YOUR RIGHTS AND BAIL
Questioning, search and arrest
Being questioned
Search and seizure
Arrest
Police powers after arrest
When legal rights are not given
Your rights
Warrants
Aboriginal and Torres Strait Islanders
Children
Bail
Applying for bail
Conditions of bail
Refusal and review of bail conditions
Enforcement of bail agreement
Termination of bail
BANKRUPTCY
An Introduction to Bankruptcy
Who is involved?
Bankruptcy Courts and Jurisdiction
What is Bankruptcy?
What does it cost to go bankrupt?
Who should consider bankruptcy?
Who can become bankrupt?
Types of bankruptcy
Alternatives to bankruptcy
Advantages of Bankruptcy
Disadvantages of Bankruptcy
Effects of bankruptcy
The bankrupt's property
The home
Motor vehicles
Secured Debts
Money received
Goods disposed of for less than market value
Property a bankrupt can keep
Travelling overseas
Income
Property settlements under the Family Law Act
Offences under the Bankruptcy Act
Rights of bankrupts
Debts
Debts covered by bankruptcy
Exceptions (debts not covered by bankruptcy)
Essential services, rates and traffic fines
How to go bankrupt
Ending a bankruptcy
Automatic discharge
Objections to discharge
Annulment
Investigations by the Trustee in Bankruptcy
Public examination
BUSINESS INFORMATION
Business Information
Regulation of Business
Owning a business
Company directors
Criminal offences
Buying a business
Running a business
Eviction by landlord
Repossession by a mortgagee
Changing owners of a business
Dissolution of business
Insolvent Companies
Deregistration of a Company
CHILDREN AND YOUNG PEOPLE
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 and the age of consent
Incest
Marriage
Medical treatment
Abortion
Child sexual assault
Drinking alcohol
Drugs
Alcohol and teenage parties
Gatecrashing and parties
Driving
Smoking
Gambling
Tattooing, body modification and body piercing
Weapons
Wills
Contracts
Graffiti
Sexting (sending suggestive or sexual images over the internet or telephone)
Cyber stalking and cyber bullying
Education
Young Offenders
Criminal responsibility
Police questioning
Juvenile justice system
Detention
Legal advice and assistance
Child Protection
Parental rights and duties
Notification
Investigation and intervention
Care and Protection Orders
Child Protection Restraining Orders and other measures
Your Rights
Family
Becoming independent
Health
School
Police
Youth Court
Witnesses and victims of crime
Discrimination and equal opportunity
Citizenship
Censorship
Weapons
Consumer rights
CHILD SUPPORT
Child support
The role of the Department of Human Services - Child Support
Applying for a child support assessment
Proof of Parentage
Centrelink and child support
Child support assessments
How to change a child support assessment
Objections and appeals to Department of Human Services decisions
Child Support Agreements
Adult child maintenance
Collection of child support and maintenance liabilities
Court applications
Overseas child support and maintenance
COMMUNITY ORGANISATIONS
Community organisations
Unincorporated associations
Incorporated associations
Getting incorporated
Applying for incorporation
Consequences of incorporation
The rules
Powers of incorporated associations
Committee members and officers
Duties of committee members
Duties of officers
Public Officer
Annual general meetings
Minutes of meetings
Financial records
Disputes
Common membership problems
Ending an association
Possible offences when an association is ending
Prescribed associations
Accounting records
Duties of officers of prescribed associations
Incorporation as a co-operative
Insurance
Volunteer protection
COMPLAINTS
Complaints against government
Government decisions
The Ombudsman
Commonwealth Administrative Appeals
State administrative appeals
Judicial Review
Compensation for defective government administration (Commonwealth)
Independent Commissioner Against Corruption (ICAC) and the Office of Public Integrity (OPI)
Complaints against police
Investigating a complaint
Review by the ombudsman
Taking remedial action
Police Disciplinary Tribunal
Police Ombudsman
Making a complaint
Complaints not investigated
Complaints against lawyers
Complaints against banking and financial services
Complaints against health and community services
Australian Health Practitioner Regulation Agency
AHPRA Complaints Process
Health and Community Services Complaints Commissioner (SA)
Aged Care Complaints Commissioner
Medicare
Complaints against insurance companies
General insurance
Life insurance, superannuation and investments
Private health insurance
Complaints against traders
Complaints against vocational education or training
Complaints against superannuation funds
Complaints about taxation (ATO)
Complaints about taxation (State government)
Complaints against telecommunications providers
Complaints against energy and water suppliers
CONSUMERS - CONTRACTS AND CREDIT
Avoiding and Resolving Problems
Contracts
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
Guarantees
False and Misleading Practices
Some specific areas of Consumer Protection
Consumer Remedies
Unfair Contract Terms
Consumer Credit
Laws that Protect Consumers when Borrowing Money
Credit Ratings
Guarantees
Banking
Electronic Funds Transfer (EFT)
Cheques
Banking Standards and Disputes
Consumer Credit
COPYRIGHT
The Copyright Act
What is protected?
Automatic protection
Legal rights of owners
Moral rights
Who owns copyright?
Duration of copyright
Duration periods by category of material
International protection
Assignments and licences
Infringement and remedies
Using copyright material
Acts that do not infringe copyright
Design and copyright
Frequently asked questions
CRIMINAL AND TRAFFIC OFFENCES
What is a Crime?
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
Magistrates Court Diversion Program
Coroner's Court
The Jury
Common Offences
Offences against the person
Offences against property
Offences against police
Offences against public order and similar offences
Other offences
Weapons offences
Traffic Offences
Driver's Licences
Demerit Points
Alcohol, Drugs and Driving
Defect Notices
Driving Offences
Parking Offences
Pedestrian Offences
Public transport passenger offences
Possible Outcomes of Traffic Offences
Sexual Offences
Types of Sexual Assaults
Other Sexual Offences
Evidence
Compensation for Victims
Legal Procedures
Drug Offences
Aggravated offences
Simple Cannabis Offences
Possession for personal use
Manufacture, Cultivation and Sale
Sale or Possession of Instructions
Possession or Sale of Equipment
Production, promotion and sale of controlled drug alternatives
Trafficking
Sentencing Principles
Diversionary Schemes
Police Powers
Additional Offences
Customs Act offences
Serious and Organised Crime
Organised crime, declared organisations and criminal associations
Participation in criminal organisation
Consorting
Fortifications
Unexplained wealth orders
Defences
Alibi
Consent
Defence of property
Duress
Intoxication
Mental Impairment
Provocation
Self defence
COURT - CRIMINAL MATTERS
Criminal Courts
Summary Offences
Bringing a defendant to Court
First appearance in Court
Being dealt with by the Court
Trials - Summary Offences
Indictable Offences
Election
Bringing the person charged to Court
Preliminary Examination
Attending a superior Court
Pre-trial matters
Trials - Indictable Offences
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
Children and civil claims
Minor Civil Actions
Mediation
Deciding to take legal action
Finding out who to sue
Giving notice of intention to sue
Starting minor civil claims proceedings
What does it cost to start a minor claim?
Serving the claim on the defendant
Possible responses from the defendant
How is an undefended minor claim dealt with?
Going to court
Enforcing judgment - monetary judgments
Enforcing judgment - non-monetary judgments
Review of a minor civil action judgment
Magistrates Court (General Claims)
District Court and Supreme Court
DEBT
Debt or Damages?
For Creditors
Negotiation with the debtor
Rules of conduct when pursuing a debt
Deciding whether to take legal action
Enforceable Payment Agreements
Finding out who to sue
Giving notice of intention to sue
Starting proceedings in the Magistrates Court
Possible responses from the defendant
Going to court
Judgment
Other options for Enforcement of a Judgment Debt
For Debtors
Being pursued for a debt
Disputing a debt
External dispute resolution
Paying a debt
Being taken to court
Judgment and Enforcement Action
Investigation Summons
Getting help
Debts in the Building and Construction Industry
Workers Liens
DEFAMATION
What is Defamation?
Who can 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
Criminal Defamation
DISCRIMINATION
Summary of Discrimination Law
Age discrimination
Disability discrimination
Law4All
Marital or domestic partnership status
Identity of spouse or partner
Pregnancy
Family responsibilities
Breastfeeding or Association with a Child
Racial discrimination
Sex discrimination
Sexuality and chosen gender
Changing Sex or Gender in government records
Religion and religious dress
Political opinion
Social origin
What is detriment?
Exemptions from discrimination laws
Racial hatred
Sexual harassment
Victimisation
Whistleblower protection
Vicarious liability
Discriminatory advertising
Making a complaint
EMPLOYMENT
Employment Laws & Contacts
Employees & 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
Federal Employment & Industrial Relations Law
Fair Work Act 2009 (Cth)
The National Employment Standards
Modern Awards
General Protections (protected workplace rights)
Transfer of business
South Australian Employment & Industrial Relations Law
Awards
Enterprise Agreements
State Public Sector Workers
Local Government Workers
Discrimination in the workplace
Unlawful termination protections for State system employees
Services for employees in South Australia
Other Legislation
Long Service Leave
Equal Opportunity
Work health and safety
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'
Redundancy
Unfair Dismissal
Unfair dismissal under federal law
Unfair dismissal under State law
Protection for people assisting with emergency management
Underpayment of Wages
Administrative Remedies
Natural justice
Statutory employees
Employment and Criminal Records
Workplace bullying
Young Workers
ENVIRONMENT
Responsibility for the Environment
Commonwealth Responsibility
State Responsibility
Local Government
International Environmental Law
Individual Responsibility
Environment Protection and the Biodiversity Conservation Act 1999 (Cth) (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 and Waste
Pollution and Waste Licences
Environment Protection Policies
Noise Pollution
Air Pollution
Water Pollution
Ozone Depletion
Waste Disposal
Pollution Offences
Site Contamination
EPA Orders
Civil Penalties
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
EXPIATION FEES AND FINES
Expiation notices
Grounds for withdrawal of expiation notices
Applying for review of expiation notices
Electing to be prosecuted
Paying expiation fees
Enforcement of expiation notices
Applying for review of an enforcement determination
Paying court fines
Enforcement of court fines
Flowcharts
Standard scales for penalties and fees
FAMILY RELATIONSHIPS
The family law system
Family Dispute Resolution
Which court?
Family Law Courts
Marriage
Annulment
Divorce
Grounds for divorce
Separation under one roof
Applying for divorce
Serving a divorce application
Opposing divorce
The divorce hearing
The making of a divorce order
Checklist
De facto relationships
No time requirement for recognition of a de facto relationship
One year time requirement - migration
Two year time requirement - property disputes
Three year time requirement - State law matters
Five year time requirement - adoption
Property disputes not covered by the Family Law Act
Companion relationships and property disputes
Separation
Family violence
Practical measures
Intervention orders
Family Court orders
Criminal charges
Arrangements for children
Coming to an agreement
Applying for parenting orders
Dividing property
Coming to an agreement
Applying for property settlement
Common misconceptions
Maintenance
Change of name
Registering a change of name
Changing a child's name
Having a child
Contraception and abortion
Surrogacy
Registering a birth
Adoption
GUARDIANSHIP AND ADMINISTRATION
Guardianship and Administration
SACAT's role in Guardianship and Administration
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
Tenancy agreements
Fixed term or periodic tenancies?
Shared tenancies
Becoming a tenant
Rental expenses
Ending a tenancy agreement
Rights and obligations
Breach of tenancy
Finalising a tenancy
Resolving Tenancy Disputes
Intervention orders and tenancy agreements
Rooming Houses
House rules
Obligations of proprietors
Obligations of tenants
Rent increases
Termination of agreement
Residential Parks
Principal place of residence
Types of residential park agreements
Making a residential park agreement
What are the rights and responsibilities of each of the parties?
Bond and rent
Other charges
Sub-letting and assignment
Ending an agreement
Abandoned property
Disputes
Public Housing
The waiting list
Rents
Tenancy issues
Special housing programs
Private rental assistance
Community Housing
The role of Housing SA
Community housing providers
Intervention orders and terminating a tenancy
Resolving disputes
Housing Improvement
Disclosure obligations
Tenant's rights
Retaining Walls
Strata and Community Titles
Strata Titles
Community Titles
Buying a home
Titles
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
Auctions
Common forms of land ownership
Offers
Selling a home
Form 1
Retirement housing
Building Work
Licensing of Builders
Building Work Contracts
Other Considerations related to Building Work
Minor Domestic Building Work
IMMIGRATION AND CITIZENSHIP
Migration Law
Family Visas
Skilled Visas
Refugee, Humanitarian and Protection Visas
Student Visas
Visitors' Visas
Bridging Visas
Visa cancellations
Migration Agents
Where to get migration assistance in South Australia
Citizenship
INSURANCE AND SUPERANNUATION
Insurance
Legislation and contacts
Legal Obligations
Making a Claim
Disputes
Health Insurance
Natural Disasters and Insurance
Superannuation
Benefit Payment Issues
Dispute Resolution
LEGAL HELP
Getting Legal Help
Legal Services Commission
Introduction
Applying for legal aid
When legal aid is available
Appeals
Interstate legal aid commissions
Legal Profession
Costs
Complaints against lawyers
Other Legal Services
Community Legal Services
Law Society of South Australia
Litigation Assistance Fund
Aboriginal Legal Rights Movement
Unions
JusticeNet SA
Justices of the Peace
LEGAL SYSTEM
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 Circuit Court of Australia
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
How to find the law
Acts and Delegated Legislation
How to read an Act
Law Reports
How to read a case
LOCAL GOVERNMENT AND PLANNING
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 the Supreme Court
Compulsory Aquisition of Land
Helpful resources
MEDICAL TREATMENT AND RELATED ISSUES
Patients' Rights
Consent
Children under 16 years
When someone 16 or over can't consent
Confidentiality
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
Health Product Safety
Regulation of health products
Action against the supplier
Action against the manufacturer
Sexual Reassignment
Acquired Immune Deficiency Syndrome (HIV/AIDS)
MENTAL HEALTH
Mental Health Act 2009 (SA)
Defining Mental Illness
How is Mental Health Treated?
Community Treatment Orders
Inpatient Treatment Orders
Prescribed Treatment
Appeals
Rights of People with a Mental Illness
NEIGHBOURS
Neighbours and the Law
Nuisance
Fences
Sharing costs between neighbours
Disputes
Access to property
Common questions about fences
Swimming pool fences
Fences Act forms
Boundary Location
Retaining Walls
Encroaching Buildings
Trees
Significant and Regulated Trees
Trespassers
Reclaiming goods
Rights of Way
Water
Noise
Air Pollution
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
Privacy
Use of Land
Development Objections
Potential Dangers
PENSIONS, ALLOWANCES AND PAYMENTS
Centrelink
Clients' Responsibilities
Clients' Rights
Debts and Overpayments
Challenging a Centrelink Decision
Veterans
Pensions and Payments
Appeals
DisabilityCare Australia (NDIS)
PRISONERS
Laws Affecting Prisoners
Imprisonment
Prison Institutions
Types of prisoners
Going to Prison
Admission to prison
Searches and drug testing
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
Aboriginal Prisoners and Offenders Support Services
Prisoners' Advocacy
PRIVACY AND ACCESS TO INFORMATION
Privacy
Privacy overview and useful links
Privacy (South Australian Government)
Privacy (Commonwealth Government)
Access to Government Information
State Government
The Commonwealth Government
Access to Non-government Information
Privacy Act 1988 (Cth)
Consumer Credit Information
Personal files
VICTIMS OF CRIME
Legislation and contacts
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
Who cannot claim compensation?
Where does the money come from?
Discretionary payments by the Attorney-General
Victim Impact Statements
Victim Register
Victims of Domestic Violence and Victim Support Service
WILLS, ESTATES AND FUNERALS
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
Funerals
Organ Donation
Care when dying
Dying in Hospital
Euthanasia
Coroner's Inquests
Suicide
Stillborn Babies
Next of Kin
Obtaining a Death Certificate
Arranging a Funeral
Financial Assistance
Burials and Cremations
Compulsory school attendance
Punishment
Suspension and exclusion
Accidents and injuries
Glossary
Legislation
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