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200 recent changes in ACTLawHbk Web retrieved at 21:07 (Local)

Help and remedies in ACTLawHbk
Help and remedies , and Self help In the first instance a consumer should raise their complaint with the trader concerned. The trader may concede the complaint…
Consumer Law in ACTLawHbk
Consumer Law , and About the Australian Consumer Law The Australian Consumer Law (ACL) came into force on 1 January 2011. The ACL is found in Schedule 2 of the…
IntroductionToImmigrationAndRefugeeLaw in ACTLawHbk
The Sources of Migration Law , and . NOTE: Readers should be aware that the Migration Regulations change rapidly. Before using the information listed here, we re…
Tree Protection in ACTLawHbk
and . Which trees are protected? Significant trees in the ACT urban environment are identified and protected through the Tree Protection Act 2005 (ACT). Protected…
PurposeOfTheActLawHandbook in ACTLawHbk
The Purpose of the ACT Law Handbook and We all need to know about the law at some point in our lives. The ACT Law Handbook has been written by academics, lawyer…
Overview in ACTLawHbk
Overview Workers Compensation Schemes and . Workers Compensation - Principles and Features Workers compensation is a scheme for payment of compensation to an in…
WebNotify in ACTLawHbk
* .BenMason: ComcareScheme * .WikiGuest
ACTPrivateWorkersCompensationScheme in ACTLawHbk
ACT Workers Compensation Scheme and . Work related injury Workers Compensation can be claimed for an injury that arises out of or in the course of, employment. …
ACTLawHandbook in ACTLawHbk
Australian Capital Territory Law Handbook Introduction to the Legal System * Purpose of the ACT Law Handbook * Our Legal System * What is the Role of Go…
Comcare_Scheme in ACTLawHbk
ACT Government and Commonwealth Workers Compensation (Comcare Scheme) and . Reading Guide A term (a word or expression) used in legislation can have either its …
Surrogacy in ACTLawHbk
Surrogacy And Health Law and Surrogacy was first legislated in Australia in the Australian Capital Territory. Its regulation is now governed by the Parentage Ac…
Adoption in ACTLawHbk
Adoption in the Australian Capital Territory Introduction Adoption has the reputation of being confusing, expensive and emotionally fraught. This chapter will ex…
ChildAbduction in ACTLawHbk
Child Abduction Child abduction is a very important, confronting and often publicised aspect of family law. It routinely is discussed by the media in cases where …
MarriageAndDivorce in ACTLawHbk
Marriage and Divorce and What does this section cover? This section covers what is a valid marriage, recognition of overseas marriages and getting divorced. Th…
ChildSupport in ACTLawHbk
Child Support and What does this section cover? Following a separation, parents will often have to deal with child support in some way. This can be through an …
ChildrenParentingAfterSeparation in ACTLawHbk
Children - parenting after separation and What does this section cover? This section covers the law and approach in deciding where and with whom children shoul…
GoingToFamilyLawCourt in ACTLawHbk
Going to Court and What does this section cover? This section covers court proceedings and procedures in the Family Courts and provides advice for self represe…
ComingToAnAgreement in ACTLawHbk
Coming to an Agreement and What does this section cover? This section provides information for people who have reached an agreement after separation about prop…
FamilyViolenceAndChildAbuseInTheFamilyLawSystem in ACTLawHbk
Family Violence and Child Abuse in the Family Law System and What does this section cover? This section covers how the family law system deals with family viol…
PrisonersAndCommunityCorrectionsContactsAndResources in ACTLawHbk
Contacts and Resources and . There are a range of services available to detainees once they are released from the AMC. Some of these services include: * Abori…
Tax Contacts and Resources in ACTLawHbk
Contacts and Resources and Further information can be found on the ACT Revenue Office's website: www.revenue.act.gov.au Legal Aid * Legal Aid ACT may be abl…
CriminalLawContactsAndResources in ACTLawHbk
Contacts and Resources and . Legal Aid * Call the Legal Aid ACT Helpline on 1300 654 314 to discuss your matter, apply for Legal Aid or make a booking for a …
AccidentsAndCompensationContactsAndResources in ACTLawHbk
Contacts and Resources and . Legal Aid ACT Legal Aid ACT may be able to provide limited duty assistance in relation to compensation, criminal injuries or accid…
Veterans' Advocacy and Support in ACTLawHbk
Veterans' Advocacy and Support and . There are a significant number of agencies, government and non government, which play a role in respect of veterans' advocac…
ForensicProcedures in ACTLawHbk
Forensic Procedures and . Introduction There are strict rules in place to govern the obtaining and use of what is called forensic evidence from suspects, that i…
SentencingContactsAndResources in ACTLawHbk
Sentencing Contacts and Resources and . Here are some contacts that you might find useful: ACT Courts https://www.courts.act.gov.au Restorative Justice Unit ht…
AppealingASentence in ACTLawHbk
Appealing a sentence and . After a sentence is imposed in either the Magistrates Court or the Supreme Court, an offender has a right to appeal. Time limits apply…
GalambanyCircleSentencingCourt in ACTLawHbk
Galambany Circle Sentencing Court and . The Galambany Circle Sentencing Court is a specialist Aboriginal and Torres Strait Islander sentencing court that exists …
WhatOrdersCanACourtMake in ACTLawHbk
What orders can a court make? and . Section 9 of the Sentencing Act sets out the penalties that a court can impose for an offence in the ACT. The following discu…
TheSentencingProcess in ACTLawHbk
The sentencing process and . The sentencing process can only commence once a person has pleaded guilty or been found guilty of an offence. Before this, a person …
HowTheCourtDecidesOnASentence in ACTLawHbk
How the court decides on a sentence and . In deciding on the appropriate penalty that meets the various purposes of punishment, a sentencing magistrate or judge …
IntroductionToSentencing in ACTLawHbk
Introduction and . A sentence is a penalty imposed on someone for an offence of which they have been found guilty or to which they have pleaded guilty. Sentencin…
CommunityCorrections in ACTLawHbk
Community Corrections and . As discussed in the Sentencing section, courts can impose a prison sentence or a range of non custodial penalties (that is, they do n…
ParoleAndOnReleaseFromPrison in ACTLawHbk
Parole and . For most sentences that are at least one year long, a detainee may apply to be released on parole at the end of their non parole period (for example…
OffencesCommittedInPrison in ACTLawHbk
Offences Committed in Prison and . Detainees are entitled to the protection of the law just like everybody else. If a detainee believes that an offence has been …
MakingAComplaint in ACTLawHbk
Making a Complaint and . Information on making a complaint is provided on the ACTCS website. Individuals are encouraged to first attempt to resolve the complaint…
LifeInPrison in ACTLawHbk
Life in Prison and . Types of Detainees There are two types of detainees held in the AMC. * Sentenced detainees are those who have been sentenced to serve a …
IntroductionAndLegalFrameworks in ACTLawHbk
Prison and Community Corrections and . Introduction The ACT opened its first prison - the Alexander Maconochie Centre (AMC) in 2009. Before that, all people s…
Offences in ACTLawHbk
Content to be provided shortly. If you have any questions, please do not hesitate to contact the Legal Aid ACT helpline on 1300 654 314.
Cycling in ACTLawHbk
Content to be provided shortly. If you have any questions, please do not hesitate to contact the Legal Aid ACT helpline on 1300 654 314.
DrivingAndMotorcycling in ACTLawHbk
Content to be provided shortly. If you have any questions, please do not hesitate to contact the Legal Aid ACT helpline on 1300 654 314.
Introduction to Privacy in ACTLawHbk
Introduction to Privacy and . At a glance Privacy is a fundamental but contested value in Australian life and the legal system. It is an aspect of human dignity…
AccessingGovernmentInformation in ACTLawHbk
Accessing government information and How do I make an FOI request? An FOI request does not have to be in a particular form (though Directorates often have a pa…
BridgingVisas in ACTLawHbk
Bridging Visas and . NOTE: Readers should be aware that the Migration legislation changes frequently. Before using the information listed here, we recommend tha…
Workers Representation and Consultation in ACTLawHbk
Workers Representation and Consultation and . One of the objects of the Work Health and Safety Act 2011 is the provision of fair and effective workplace represen…
Work Health and Safety Contacts and Resources in ACTLawHbk
Contacts and Resources and . Social Media Access Canberra Vimeo Healthier Work Twitter WorkSafe Twitter Publications Australian work health and safety strat…
Compliance in ACTLawHbk
Compliance and . Inspectors can issue notices to enforce immediate compliance with obligations under the Work Health and Safety Act 2011. They can also impose pe…
Health and Safety Representatives and Committees in ACTLawHbk
Health and Safety Representatives and Committees and . A health and safety committee is a useful forum for consultation on work health and safety issues. A commi…
Rights and Responsibilities in Work Health and Safety in ACTLawHbk
Rights and Responsibilities in Work Health and Safety and . The Work Health and Safety Act 2011 imposes safety duties on all people at a workplace including: …
WorkSafe ACT in ACTLawHbk
WorkSafe ACT and . Work Safety Commissioner Mr Greg Jones is the ACT Work Safety Commissioner and Director of Workplace Protection Division of Access Canberra. …
Relevant Work Health and Safety Legislation in ACTLawHbk
Relevant Work Health and Safety Legislation and . Commonwealth Legislation Mutual Recognition Act 1992 (Cwlth) Safety, Rehabilitation and Compensation Act 1988...
Introduction to Work Health and Safety in ACTLawHbk
Introduction and . WorkSafe ACT is a regulatory body and a business unit within the Workplace Protection Division of Access Canberra that forms part the Chief Mi…
AdvanceCarePlanning in ACTLawHbk
Advance Care Planning and Advance care planning is a series of steps that can be taken to plan future health care. The aim of advance care planning is to promot…
LandTax in ACTLawHbk
Land Tax and Beginning on 1 July 2018, ACT residential properties that are not your principal place of residence, or otherwise exempt, are liable for land tax. …
GeneralRates in ACTLawHbk
General Rates and General rates are applied annually to all parcels of land in the ACT under the Rates Act 2004. Rates are calculated as a marginal rate of the …
NegligenceAndInjury in ACTLawHbk
Negligence and Injury and . Key legislation in the ACT 1 Civil Law (Wrongs) Act 2002 1 Domestic Animals Act 2000 1 Limitation Act 1985 1 Victims of …
WillsEstatesAndFuneralsContactsAndResources in ACTLawHbk
Contacts and Resources and . . Contacts Commonwealth Government * ATOlaw: the ATO Legal Data Base law.ato.gov.au * Australian Financial Security Authorit…
WillsEstatesAndFuneralsGlossary in ACTLawHbk
Glossary of Legal Words Used and . . Administration and Probate Act means the Administration and Probate Act 1929 (ACT). Administrator a person appointed…
FuneralsBurialAndCremationInTheACT in ACTLawHbk
Funerals, Burial and Cremation in the ACT and . . Procedure before the Funeral General Duty to Report Death Section 77(1) Coroners Act 1997 imposes a duty to r…
ObtainingAGrantOfRepresentationSomePracticalTips in ACTLawHbk
Obtaining a Grant of Representation - Some Practical Tips and . . Small Estates Simplified procedures for taking out a grant exist for estates valued under $150…
TheHowtoOfAdministeringEstates in ACTLawHbk
Administering A Deceased Estate and . . Introduction to the Task of Administration The law relating to estates is primarily governed by the Administration and P…
SuperannuationAndEstates in ACTLawHbk
Superannuation and Estates and . . Does superannuation form part of your estate? Generally, superannuation does not form part of your estate unless the trustee …
IntestacyDyingWithoutAWill in ACTLawHbk
Intestacy: Dying Without A Will and . . How is the Estate Divided? The basic principle of intestacy is that when a person dies without a will, or leaving a will…
ContestingAWill in ACTLawHbk
Contesting a Will and . . There are several ways in which a will may be contested. In each case you should consult a solicitor. Is the Will valid? A court may d…
Wills in ACTLawHbk
Wills and . . What is a Will? The law concerning wills in the ACT is contained in the Wills Act 1968 (ACT). A will is a document in which a person (called the '...
SuccessionLaw in ACTLawHbk
Will and Estates and . . In this chapter we will explore the nature of wills and deceased estates in the Australian Capital Territory. It is intended to be a us…
PuttingYourHouseInOrderPracticalSteps in ACTLawHbk
Getting Your Estate In Order - Some Practical Steps and . . In this world nothing can be said to be certain, except death and taxes - Benjamin Franklin, in a l…
GettingHelp in ACTLawHbk
Getting help and Many victims/survivors of sexual assault go through their lives without ever accessing support. They can struggle for many years, decades or ev…
SupportersofPeopleWhomHaveExperiencedSexualAssault in ACTLawHbk
Supporters of people who have experienced sexual assault and My Friend Or Family Member Has Been Sexually Assaulted, What Can I Do? If someone chooses to tell …
ReportingSexualAssaultandCriminalProceedings in ACTLawHbk
Reporting sexual assault and criminal proceedings and There are many people who decide not to report to police for a range of reasons, not least because it can …
PenaltyUnits in ACTLawHbk
What are "penalty units"? and . For all criminal offences in the ACT, the Act creating the offence sets out a maximum penalty which may be imposed if a person is…
Sentencing in ACTLawHbk
Sentencing and . According to statistics, more than half of those accused of committing offences end up either pleading to, or being found guilty of, at least so…
TypesOfOffencesAndHowTheyAreDealtWith in ACTLawHbk
Types of offences and how they are dealt with and . There are many different types of offences in the ACT. Some offences may be dealt with by a Magistrate, while…
BasicPrinciplesOfCriminalLaw in ACTLawHbk
Basic principles of criminal law and . There are four major principles of the criminal law system: 1 a person is presumed innocent until proven guilty; 1 a…
IntroductionToCriminalLaw in ACTLawHbk
Introduction to Criminal Law and . What is "the criminal law"? "The criminal law" means any law which says that particular conduct is an "offence", and imposes …
GovernmentDecisionsContactsAndResources in ACTLawHbk
Main.StephanieBooker 30 Mar 2018 Other Resources ACT Ombudsman ombudsman.act.gov.au Commonwealth Ombudsman ombudsman.gov.au
SupportForVictimsOfCrime in ACTLawHbk
Support for Victims of Crime in the ACT and . Introduction While Victim Support ACT provides services to all victims of crime in the ACT, there are a number of …
TheRightsOfVictimsOfCrime in ACTLawHbk
Victim Support in the ACT and . The Rights of Victims of Crime Key legislation and responsible agencies Victim Support ACT is the Government's legislated service…
VictimsOfCrimeContactsAndResources in ACTLawHbk
Contacts and Resources and . Victim Support ACT Tel: 1800 822 27202 6205 2…
IntroductionToRentalHousingInTheACT in ACTLawHbk
Introduction to Rental Housing in the ACT and . Introduction All renters in the ACT are covered by the Residential Tenancies Act 1997 (RTA). This Act regulates …
IntroductiontoMentalHealthLaw in ACTLawHbk
Introduction to Mental Health Law and . This chapter provides an overview of mental health law in the ACT. Much of the law about mental health revolves around th…
MentalHealthResourcesandContacts in ACTLawHbk
Resources and Contacts and . If you or someone you know needs immediate help Call Triple Zero (000) if there is a life threatening situation which requires the…
MentalHealthOrders in ACTLawHbk
Mental Health Orders What are Mental Health Orders? and . A Mental Health Order is a legally binding order made by ACAT under the Act requiring a person to rece…
ContextAimsAndPrinciples in ACTLawHbk
Context, aims and principles and . Some history and context Every Australian state and territory has its own mental health legislation. The ACT's mental health …
VoluntaryTreatmentCareAndSupport in ACTLawHbk
Voluntary treatment, care and support and . As discussed in the previous section, the main purpose of the Act is to provide a legal framework for the authorisati…
EmergencyApprehensionAndDetention in ACTLawHbk
Emergency Apprehension and Detention and . If there are immediate and serious concerns about a person's mental health and wellbeing, a person can be brought into…
MakingDecisionsAboutMentalHealthTreatmentCareAndSupport in ACTLawHbk
Making decisions about mental health treatment, care and support and . The Mental Health Act 2015 affirms the right of everyone to be actively involved in their …
ImportantConcepts in ACTLawHbk
Important Concepts and . The Act contains a number of concepts and phrases which have a specific and sometimes unusual definition. To understand how the Act work…
ImmigrationContactsAndResources in ACTLawHbk
Contacts and Resources , and NOTE: Readers should be aware that the Migration legislation changes frequently. Before using the information listed here, we recom…
DealingWithTheDepartment in ACTLawHbk
Dealing with the Department , and NOTE: Readers should be aware that the Migration legislation changes frequently. Before using the information listed here, we …
Citizenship in ACTLawHbk
Citizenship , and NOTE: Readers should be aware that the Migration legislation changes frequently. Before using the information listed here, we recommend that yo…
SeekingReviewOfDecisions in ACTLawHbk
Review Rights , and NOTE: Readers should be aware that the Migration legislation changes frequently. Before using the information listed here, we recommend that…
RemovalandDeportation in ACTLawHbk
Visa Cancellation, Removal and Deportation , and NOTE: Readers should be aware that the Migration legislation changes frequently. Before using the information l…
BridgingVisas in ACTLawHbk
Bridging Visas , and NOTE: Readers should be aware that the Migration legislation changes frequently. Before using the information listed here, we recommend tha…
TemporaryVisas in ACTLawHbk
Temporary Visas , and NOTE: Readers should be aware that the Migration legislation changes frequently. Before using the information listed here, we recommend th…
HumanitarianVisas in ACTLawHbk
Permanent Visas: Humanitarian and Refugee Visas , and NOTE: Readers should be aware that the Migration legislation changes frequently. Before using the informat…
SkilledMigrants in ACTLawHbk
Permanent Visas: Skilled Migration , and NOTE: Readers should be aware that the Migration legislation changes frequently. Before using the information listed he…
FamilyMigration in ACTLawHbk
Permanent Visas: Family Migration , and NOTE: Readers should be aware that the Migration Regulations change rapidly. Before using the information listed here, w…
Visas in ACTLawHbk
Entry to Australia: Visas , and NOTE: Readers should be aware that the Migration Regulations change rapidly. Before using the information listed here, we recomm…
MentalIllness in ACTLawHbk
For information on mental health and the law, see the Mental Health Law section of the ACT Law Handbook.
Veterans Rehabilitation in ACTLawHbk
Veterans Rehabilitation and . Rehabilitation programs are available under the VEA (Part VIA) and the MRCA (Chap 3) to improve the quality of life of a veteran an…
Veterans Review and Appeals in ACTLawHbk
Veterans Reviews and Appeals and . There is a right of appeal or review for most veterans matters. These include internal review by the Commission and external r…
Veterans Medical and Other Treatment in ACTLawHbk
Veterans Medical and Other Treatment and . Medical Treatment VEA The Commission may provide medical and other treatment for eligible veterans under Part V VEA…
Veterans' Entitlements Act 1986 in ACTLawHbk
Veterans' Entitlements Act 1986 and . Structure of the VEA The VEA comprises contains 35 Parts; broadly the structure is: * Part 1 - Preliminary - definition…
OverviewOfVeteransLegislation in ACTLawHbk
Overview of Veterans Legislation and . The Veterans' Entitlements Act 1986 (Cth) (VEA) is the principal legislation which governs entitlements to pension or comp…
DisabilityContactsAndResources in ACTLawHbk
Contacts and Resources and Commonwealth Government Australian Human Rights Commission Investigates and provides conciliation for discrimination complaints, in…
NationalDisabilityInsuranceScheme in ACTLawHbk
National Disability Insurance Scheme and NDIS Aims The NDIS aims to: : (a) Provide individual funding packages for people with permanent and significant dis…
DisabilityAndTheLaw in ACTLawHbk
Disability and the Law and Disability Overview Defining Disability Disability is defined in several ways in legislation and policy or program documents. The D…
On the spot fines in ACTLawHbk
On the spot fines and . This information is sourced from factsheets developed by Street Law, a program of Canberra Community Law. Australian Federal Police (AFP…
Rehabilitation in ACTLawHbk
Rehabilitation Rehabilitation programs are available under the VEA (Part VIA) and the MRCA (Chap 3) to improve the quality of life of a veteran and to assist the …
Bail in ACTLawHbk
Bail and All matters concerning the granting or refusal of bail by an authorised officer or by a court in the ACT are governed by the Bail Act 1992 (''Bail Act'...
PoliceStopAndSearchPowers in ACTLawHbk
Police Stop and Search Powers and . Power to stop and search people These powers are governed by the ACT Crimes Act 1900 (''Crimes Act”). In the ACT a police o…
PoliceInterrogation in ACTLawHbk
Police Interrogation and Police powers and responsibilities in relation to the interrogation of suspects is governed by the provisions of the Commonwealth Crime…
PoliceArrest in ACTLawHbk
Arrest and The power to arrest In the ACT the power of arrest is regulated by Part 10 (headed Criminal Investigation) of the Crimes Act 1900 (''Crimes Act”). …
Remand in ACTLawHbk
Sentencing and . The majority of people accused of offences either plead guilty or are found guilty of at least some of the charges levelled against them. The la…
Discrimination Contacts and resources in ACTLawHbk
Contacts and Resources and . Getting legal advice You can seek free legal advice about your rights to be treated fairly and inclusively as required by ACT discr…
CthAntiDiscriminationFrameworks in ACTLawHbk
Federal Discrimination Protections and . The Australian Human Rights Commission (AHRC) is able to investigate and resolve complaints of discrimination, harassmen…
ComplainingToTheACTHumanRightsCommission in ACTLawHbk
Complaining to the ACT Human Rights Commission and . Scope Under the Human Rights Commission Act 2005, the Commission can consider allegations of unlawful discr…
ACTAntiDiscriminationFrameworks in ACTLawHbk
The ACT Discrimination Act and . Right of Action Under the Discrimination Act 1991 (ACT) ("the Act"), a person can make a complaint to the ACT Human Rights Comm…
WhatToDoIfYouThinkYouDefamedSomeone in ACTLawHbk
What to do if you think you have defamed someone and . Seek legal advice. Apologising or retracting won't necessarily constitute admission of liability (s132 Civ…
WhatToDoIfYouThinkSomeoneHasDefamedYou in ACTLawHbk
What to do if you think someone has defamed you and . Seek legal advice. Remember, the 'published' matter must cause the average person to think less of you. Per…
DefamationAtWork in ACTLawHbk
Defamation at work and . Sharing workplace investigation information with more than just those legitimately involved, even accidentally, can amount to defamation…
DefamationOnTheInternetAndSocialMedia in ACTLawHbk
Defamation on the Internet and Social Media and . People posting on social media need to be aware that the law of defamation applies to them. There are an increa…
DefencesAndRemedies in ACTLawHbk
Defences and Remedies and . Defences Whilst there are numerous defences to the publication of defamatory matter (see Civil Law (Wrongs) Act s135 139D), the most…
WhatItMeansToHarmAPersonSReputation in ACTLawHbk
What does it mean to harm a person's reputation? and . At law, everyone is presumed to have a good reputation unless facts are proven in court to show that this …
WhatIsDefamation in ACTLawHbk
What is defamation? and . What is defamation? Defamation occurs when 'matter' identifying a party and harming that party's reputation is published (see below fo…
Homelessness Contacts and Resources in ACTLawHbk
Contacts and Resources and Street Law Street Law is a free and confidential outreach legal service for people who are experiencing or at risk of homelessness. …
PublicPlaces in ACTLawHbk
Public Places and . This information is sourced from factsheets developed by Street Law, a program of Canberra Community Law. Some crimes relate to performing ac…
Voting with no fixed address in ACTLawHbk
Voting with no fixed address and . This information is sourced from factsheets developed by Street Law, a program of Canberra Community Law. Voting not compuls…
Traffic, parking and traffic camera fines in ACTLawHbk
Traffic, Parking and Traffic Camera Fines and . Infringement notices for parking and traffic camera offences are issued and administered by the Australian Capit…
ObtainingProofOfIdentityInTheACT in ACTLawHbk
Obtaining proof of identity in the ACT and . Sometimes people need to obtain forms of identification (such as a driver licence, birth certificate or proof of ide…
HomelessnessIntroduction in ACTLawHbk
Introduction Laws that impact on people who are experiencing homelessness and . Apart from recent changes to legislation prohibiting accommodation status based d…
Incorporation in ACTLawHbk
What is incorporation? Incorporation is a form of registration that gives a group legal advantages in return for accepting certain responsibilities. Incorporation…
Heritage in ACTLawHbk
What is heritage? Heritage is generally understood to be unique places and objects that are valued by a community or cultural group that possess historic, religio…
Noise Issues in ACTLawHbk
Noise Pollution in the ACT Noise pollution in the ACT is regulated by the Environment Protection Act 1997 and the Environment Protection Regulation 2005. These ar…
EmploymentContactsAndResources in ACTLawHbk
Contacts and Resources , and . Fair Work Ombudsman www.fwo.gov.au Fair Work Commission www.fwc.gov.au Australian Human Rights Commission www.ahrc.gov.au ACT …
Contacts and Resources Privacy in ACTLawHbk
Contacts and Resources and . Office of the Australian Information Commissioner (dealing with both the Commonwealth Privacy Act and the Territory Information Pri…
Asserting Privacy Rights in ACTLawHbk
Asserting Privacy Rights and . At a glance An implication of the preceding parts of this chapter is that if people are concerned about their own privacy and tha…
Common Questions in ACTLawHbk
Common Questions and . At a glance This part of the chapter provides a brief introduction to a range of common questions about privacy and issues that readers m…
The ACT Privacy Regime in ACTLawHbk
The ACT Privacy Regime and . At a glance The Territory privacy regime has four aspects that are significant for readers concerned with information or other priv…
TheCommonwealthPrivacyScheme in ACTLawHbk
The Commonwealth Privacy Scheme and . At a glance Readers of the preceding paragraphs in this chapter can draw three conclusions about the Commonwealth privacy …
Making sense of privacy law in the ACT in ACTLawHbk
Making Sense of Privacy Law in the ACT and . At a glance It is common for people to talk about privacy rights. It is also common for people, particularly thos…
TerminationofTenancy in ACTLawHbk
Termination of Tenancy , and The termination of a Housing ACT tenancy by either party is governed by the Standard Terms of the Act and the powers of the ACAT at…
DefamationContacts in ACTLawHbk
Contacts and . Legal Aid ACT does not receive funding to assist with defamation matters. For up to date information regarding private practitioners in the ACT, p…
NationalEmploymentStandards in ACTLawHbk
National Employment Standards , and . The National Employment Standards (NES) are minimum employment standards that apply to employees covered by the Fair Work A…
SourcesOfEmploymentRightsAndObligations in ACTLawHbk
Sources of Employment Rights and Obligations , and . Broadly speaking, the sources of employment rights and obligations are: 1 The Fair Work Act; 1 Modern …
Overpayments in ACTLawHbk
Overpayments , and Chapter 5 SSA Where a person is paid a pension, benefit or allowance to which they are not entitled, a debt may be owed to the Commonwealth. …
InternationalAgreements in ACTLawHbk
International agreements , and International pension agreements allow residents who move from or to Australia from one of these countries to qualify for some pe…
Discrimination in ACTLawHbk
Discrimination , and . In addition to the general protections provided by the Fair Work Act, there is also Federal and territory legislation protecting individual…
BullyingAtWork in ACTLawHbk
Bullying at Work , and . Under the Fair Work Act, a worker is bullied at work if they are subject to repeated unreasonable action which creates a risk to health …
TerritoryAndCommonwealthLegislation in ACTLawHbk
Territory and Commonwealth Legislation , and . In addition to the Fair Work Act, the Federal Government, along with its state and territory counterparts, has ena…
TypesOfWorkers in ACTLawHbk
Types of Workers , and . Before discussing rights and obligations of employees, it is necessary to determine whether or not a worker is an employee, and what typ…
EmploymentIntroduction in ACTLawHbk
Introduction , and This section provides information about employment law as it operates in the Australian Capital Territory. It covers: * Types of workers; …
SuperannuationAndEmployment in ACTLawHbk
Superannuation , and . Superannuation is often thought of as one of the key benefits enjoyed by Australian employees. However, the source of the employee's right …
EmploymentRecords in ACTLawHbk
Employment Records , and . Under the Fair Work Act and Fair Work Regulations 2009 (see part 3 6 of the regulations) an employer must give the employee a payslip …
WorkHealthAndSafety in ACTLawHbk
Work Health and Safety , and . Statutory Work Health and Safety Obligations In the ACT, employers must ensure their compliance with the Work Health and Safety A…
GeneralProtectionsPart31FairWorkAct in ACTLawHbk
General Protections (Part 3 1 Fair Work Act) , and . Introduction General protections safeguard the rights of employees, employers and (in certain circumstances…
TerminationOfEmployment in ACTLawHbk
Termination of employment , and . There are a number of ways that employment can be terminated. The most common ways are by resignation and dismissal. The Fair W…
EmploymentContractsAndPolicies in ACTLawHbk
Employment Contracts and Policies , and . All employees have a contract of employment. The contract can be written or oral (or partly written and partly oral), h…
EnterpriseAgreements in ACTLawHbk
Enterprise Agreements , and . Enterprise Agreements are instruments which specify matters relating to the relationship between an employer and employee. In effec…
ModernAwards in ACTLawHbk
Modern Awards , and . Fair Work Act and Modern Awards Under the Fair Work Act, modern awards provide part of the national safety net of employment terms and con…
HumanRightsContactsAndResources in ACTLawHbk
Contacts and resources and . Obtaining Legal Advice A list of law firms is available from the ACT Law Society: https://www.actlawsociety.asn.au/. In addition, a…
FurtherHumanRightsProtection in ACTLawHbk
Further human rights protection and . Complaints to the Australian Human Rights Commission The Australian Human Rights Commission (AHRC) can investigate complai…
TheACTHumanRightsAct in ACTLawHbk
The ACT Human Rights Act and . Introduction The Human Rights Act 2004 (ACT) (HR Act) commenced on 1 July 2004. It provides a framework for the protection of hum…
Pawnbrokers in ACTLawHbk
Pawnbrokers and In the ACT Pawnbrokers are regulated by the Pawnbrokers Act 1902 (ACT) ("Pawnbrokers Act"). A pawnbroker is defined under the Pawnbrokers Act as…
PossibleGroundsToDisputeLiability in ACTLawHbk
Possible grounds to dispute liability , and Before paying any debt, a debtor should be sure they are legally liable for it. Some possible grounds of disputing l…
IntroductionToDebt in ACTLawHbk
Introduction to Debt , and A debt exists when one person (the debtor) owes money to another (the creditor). Unpaid electricity or telephone bills, school fees, …
DemandsForPayment in ACTLawHbk
Demands for payment , and . "Letters of Demand" was contributed by Mary Hawkins, DCLS, for the NT Law Handbook. A debtor who is in arrears on payments (meaning, s…
MortgageDefaults in ACTLawHbk
Mortgage Defaults and . The Land Titles Act 1925 ("LTA") deals with mortgages including the exercise of the power of sale of mortgagees (i.e. lenders). This is a…
MakingADebtorPay in ACTLawHbk
Making a debtor pay Based on the ACTLAF Factsheet entitled 'A Guide to Dealing with Judgment Debt', and . A debtor should be aware that he/she could be liable to…
DebtRecoveryInTheACT in ACTLawHbk
Debt recovery in the ACT , and If demands for payment do not succeed, court or tribunal action may be the only other option available to the creditor seeking to …
DebtorHarassment in ACTLawHbk
Debtor harassment , and A debt collector may become involved in the process if a debtor has been unable to reach agreement to pay debts with the original credito…
Medical and Other Treatment in ACTLawHbk
Medical and Other Treatment Medical Treatment VEA The Commission may provide medical and other treatment for eligible veterans under Part V VEA. A veteran of a…
GuardianshipandManagementofProperty in ACTLawHbk
Guardianship and Management of Property This section is discussed in Guardianship and Financial Management section of the Older People and the Law Chapter (see Gu…
CapacityAndSupportedDecisionMaking in ACTLawHbk
Capacity and Supported Decision Making and Definition of capacity and impaired decision making ability Capacity is generally defined as the ability to make a d…
GoingToTheACTCivilAndAdministrativeTribunal in ACTLawHbk
Going to the ACT Civil and Administrative Tribunal (ACAT) General Information Tribunal (ACAT) General Information factsheet provides information about ACAT, appl…
DuringATenancy in ACTLawHbk
During a Tenancy Access and Privacy All tenants have a legal right to privacy and quiet enjoyment of their home. The Access and Privacy factsheet contains inform…
BeginningATenancy in ACTLawHbk
Introduction Information in this Chapter is sourced from the Tenancy Factsheets developed by the Tenants' Union of ACT Inc. ("Tenants' Union"). Tenants Union of …
ResourcesandLinks in ACTLawHbk
Resources and Links The Following resources are developed by the Tenants' Union of ACT Inc. Standard Lease Agreement * Standard Lease Agreement 2017 contains …
SocialSecurityMoreInformation in ACTLawHbk
More information , and Publications The Guide to Social Security Law published by Centrelink (which sets out the rules it follows in administering all income s…
SocialSecurityAppealsProcess in ACTLawHbk
Social security appeals process , and Introduction If a person is affected by a Centrelink decision, they have the right to appeal that decision. If a person i…
CompensationAndDamagesPayments in ACTLawHbk
Compensation and damages payments , and Section 17 and part 3.14 Compensation payments are treated differently under social security law. Section 17(2) (SSA) d…
ConcessionCards in ACTLawHbk
Concession cards , and Health Care Card The Health Care Card is automatically issued to people receiving a social security allowance or benefit, to those recei…
Bonuses in ACTLawHbk
Bonuses , and Baby Bonus The Baby Bonus has been replaced with the Newborn Supplement and Newborn Upfront Payment. Newborn Supplement and Newborn Upfront Payme…
AllowancesAndPayments in ACTLawHbk
Allowances and payments , and Austudy Eligibility (ss 7, 568) To be eligible for Austudy, a person must satisfy an activity test, be at least 25 (unless recei…
Pensions in ACTLawHbk
Pensions , and Age Pension Eligibility (ss 7, 23, 43) To be eligible for the Age Pension, a person must have reached pension age according to gender and date o…
IntroductionAndKeyLegislation in ACTLawHbk
Social Security introduction and key legislation , and NOTE: Rates of pensions and allowances change regularly. Always check current rates with Centrelink. On…
Portability in ACTLawHbk
Portability , and Sections 1211-1221 A pension or allowance may be portable if the person was receiving a payment immediately before they left Australia, or if …
ContactsandLinks in ACTLawHbk
Contacts and Links and Canberra Community Law (formerly Welfare Rights and Legal Centre)Telephone advice service: 6218 7977Website: www.canberracommunitylaw.org…
TheAppealsProcess in ACTLawHbk
The Appeals Process , and Administrative Review Most administrative decisions of Housing ACT may be appealed. Reviewable decisions (see clause 30 of the Progra…
DuringtheTenancy in ACTLawHbk
During the Tenancy , and Standard Terms A Housing ACT tenancy is subject to the same Standard Terms of the RTA as all ACT tenancies. These terms regulate the r…
ApplyingforHousingACT in ACTLawHbk
Applying for Housing , and A standard Registration form is used for all applications for housing assistance, including transfer applications. Housing ACT has pr…
ApplicationoftheLaw in ACTLawHbk
The application of the Residential Tenancies Act 1997 and the Housing Assistance Public Rental Housing Assistance Program 2013 , and The Residential Tenancies A…
IntroductiontoPublicHousingACT in ACTLawHbk
Introduction , and The history of public housing in the ACT is markedly different from that elsewhere in Australia in that public housing was a fundamental part …
PayrollTax in ACTLawHbk
Payroll Tax and Payroll tax is a tax on wages that employers pay employees under the Payroll Tax Act 2011. The tax is calculated on the amount of wages paid to …
MotorVehicleRegistrationDuty in ACTLawHbk
Motor Vehicle Registration Duty and Motor vehicle registration duty under the Duties Act 1999 is payable when a motor vehicle is first registered in the ACT or …
ConveyanceDuty in ACTLawHbk
Conveyance Duty and Conveyance duty (commonly known as stamp duty) is imposed under the Duties Act 1999 on land transactions in the ACT. Conveyance duty is char…
IntroductionToTaxation in ACTLawHbk
Introduction and The ACT Government imposes taxes to fund a range of city and community services such health, education and transport. Unlike other States the A…
ImpactsandEffects in ACTLawHbk
Impacts and effects and The impacts and effects of sexual assault can be broad ranging, and will depend on a range of factors, including the age of the person a…
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