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 an accident
- Claiming Compensation
- Personal Injuries
- Property damage
- Accidents at work
- Workers Compensation
- At Common Law
- Commonwealth Government Employees
- Safety legislation
- Negligence
- ADVANCE DIRECTIVES
- 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
- 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?
- Medical Power of Attorney and Anticipatory Direction
- ARREST, YOUR RIGHTS AND BAIL
- Arrest and questioning
- 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
- Bankruptcy Courts and Jurisdiction
- 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
- Goods that are subject to a Consumer Mortgage
- Money received
- Goods disposed of for less than market value
- Travelling overseas
- Property a bankrupt can keep
- Income
- Property settlements under the Family Law Act
- 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
- Objections to discharge
- Annulment
- Who should consider bankruptcy?
- BUSINESS INFORMATION
- Business organisations
- Going into 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
- 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
- Notification
- Investigation and intervention
- Care and Protection Orders
- Child Protection Restraining Orders
- Your Rights
- Family
- Becoming independent
- Health
- School
- Police
- Youth Court
- Witnesses and victims of crime
- Discrimination and equal opportunity
- Citizenship
- Censorship
- Weapons
- CHILD SUPPORT
- Child support
- The role of the Child Support Agency
- 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 liabilites
- 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 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)
- Compensation for defective government administration (Commonwealth)
- 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
- Legal Practitioners Disciplinary Tribunal
- 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 Scheme
- 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 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
- Banking
- Electronic Funds Transfer (EFT)
- Cheques
- Banking Standards and Disputes
- Consumer Credit
- COPYRIGHT
- The Copyright Act
- 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
- 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
- Traffic Offences
- Driver's Licences
- Demerit Points
- Alcohol, Drugs and Driving
- Defect Notices
- Driving Offences
- Parking Offences
- Pedestrian Offences
- Possible Outcomes of Traffic Offences
- Sexual Offences
- Types of Sexual Assaults
- Other Sexual Offences
- Child Sexual Assault
- Evidence
- Compensation for Victims
- Legal Procedures
- Drug Offences
- Aggravated offences
- Simple Cannabis Offences
- Possession for personal use
- Manufacture, Cultivation and Sale
- Possession or Sale of Equipment
- Sale or Possession of Instructions
- Trafficking
- Sentencing Principles
- Diversionary Schemes
- Police Powers
- Additional Offences
- Customs Act offences
- Serious and Organised Crime
- Organised crime, declared organisations and criminal associations
- Unexplained wealth orders
- Fortifications
- Defences
- Alibi
- Consent
- Defence of property
- Duress
- Home invasion
- Intoxication
- Mental Impairment
- Necessity
- 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
- Minor Civil Claims
- 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
- Orders the court can grant
- For Debtors
- Being pursued for a debt
- Disputing a debt
- External dispute resolution
- Paying a debt
- Being taken to court
- Judgment
- Enforcement
- Getting help
- Debts in the Building and Construction Industry
- Video resources
- 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
- 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
- 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
- Transfer of business
- Transitional Arrangements
- South Australian Employment & Industrial Relations Law
- Awards
- Enterprise Agreements
- Minimum standards
- Employee Ombudsman
- 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
- Underpayment of Wages
- Administrative Remedies
- Natural justice
- Statutory employees
- Employment and Criminal Records
- 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 order
- 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
- 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
- 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
- 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
- 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
- Tenancy agreements
- Fixed term or periodic tenancies?
- Shared tenancies
- Becoming a tenant
- Rental expenses
- Rights and obligations
- Ending a tenancy agreement
- Breach of tenancy
- Finalising a tenancy
- Rooming Houses
- Code of conduct
- Implied terms - obligations
- House rules
- 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
- Appeals
- Community Housing
- South Australian Community Housing Authority
- Community housing organisations
- Resolving Tenancy Disputes
- Video resources
- Housing Improvement
- Disclosure obligations
- Tenant's rights
- 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
- IMMIGRATION AND CITIZENSHIP
- Migration Law
- 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
- Citizenship
- INSURANCE AND SUPERANNUATION
- Insurance
- Legal Obligations
- Making a Claim
- Disputes
- Health Insurance
- Services
- 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
- 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
- Acquired Immune Deficiency Syndrome (HIV/AIDS)
- MENTAL HEALTH
- Mental Health Act 2009 (SA)
- Defining Mental Illness
- How is Mental Health Treated?
- Community Treatment Orders
- Detention and Treatment Orders
- What may happen at the end of Mental Health Act 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
- Common scenarios and problems
- Encroaching Buildings
- Trees
- Significant and Regulated Trees
- Trespassers
- Rights of Way
- Reclaiming Goods
- 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
- PRISONERS
- Laws Affecting Prisoners
- Imprisonment
- Prison Institutions
- Types of prisoners
- Going to Gaol
- 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 (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
- 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
- Victim Impact Statements
- Victim Register
- Services
- WILLS, ESTATES AND FUNERALS
- Wills
- Making a Will
- Vaild 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
- 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 and Cremations
- Glossary
- Legislation
Acts and Legislation
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