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Title
Welcome to the Tasmanian Law Handbook
Acknowledgments
Elements of the Criminal Justice System
The Law
How to Use This Handbook
What is the Law?
The Constitution
The Common Law
Where the Common law Comes From
Interpreting the Common Law
Legislation
How legislation is made
Legislation vs Common Law
Interpreting legislation
Finding the Law
Primary and secondary sources
Finding case law and legislation
Law Libraries in Tasmania
Law Reform
The Court System
The Jury System
The Courts
The Commonwealth Courts
Federal Circuit Court
The Family Court and the Federal Circuit Court
The High Court
Commonwealth Tribunals, Commissions and Boards
The Federal Court
The State Courts of Tasmania
The Supreme Court of Tasmania
The Magistrates Court
State Tribunals, Commissions and Boards
Aspects of Crime and Punishment
What is Crime?
Crimes vs Civil Wrongs
Which Court?
Fundamental Legal Rights
Hearing a charge against you: magistrates
Guilty/Not Guilty
Conviction
Sentencing
Appearing in Court
Criminal Penalties for Indictable Offences
Appeals in the Supreme Court
Coroner's Court
Legal Representation
Offences
Offences tried by Judge and Jury: Indictable Offences
Preparation for the Trial
Preliminary Proceedings
Laying A Charge
Plea of Guilty
Evidence
Procedure for Defended Hearings
The Court's Verdict
Appeals in the Magistrates Court
Legal Assistance
Legal Assistance Overview
Court or Mediation?
Legal Help
Alternatives to Lawyers and Courts
Alternative Dispute Resolution
Mediation
Overview
Magistrates Court mediation
Advantages of Mediation
Who Offers Mediation in Tasmania?
How to Use a Mediation Service
The Law Society of Tasmania
The Legal Aid Commission of Tasmania
Community Legal Services
Overview
General Assistance & Casework
Community Legal Education
Law Reform & Advocacy
Hobart Community Legal Service
Launceston Community Legal Centre
North-West Community Legal Centre
Your Nearest CLC
Environmental Defenders Office
Tenants Union of Tasmania
Women's Legal Service
Consumer Advice Services
The Legal Profession
Overview
The Regulatory Framework
Qualifications to Practice
Professional Conduct
Legal Profession Board
Legal Remedies - Complaints against Lawyers
Lawyers’ Remedies
Time Limits
Self-Representation
Overview
Civil Litigation
Preparing a Case
What Happens in the Case Itself
Factors to Take Into Account in Self-Representation
Checklist for Self-Representation
Self Representation in the Federal Circuit Court and Family Court
Legal Glossary
Crime and Punishment
Search and Arrest
Introduction to search and arrest
Search and Seizure Without a Warrant
Search and Seizure with a Warrant
Arrest
What to do if arrested
Drink Driving and Arrest
After Arrest
Interviews and talking with the police
Questioning
Statements
Getting Help
Illegal Police Action
Interviews, Examinations and Line-ups
Criminal Charges and Bail
Bail
Extradition
Offences under the Police Offences Act and the Criminal Code
Introduction
Assault
Offences Against Property
Offences Against Public Authority
Offences in Public Places
Computer Crime
Penalty Units
Drug Offences
Tasmanian Law: Poisons Act 1971 and Misuse of Drugs Act 2001
Overview
Cannabis Offences
Possession
Sale, Supply and Trafficking
Other Drug Offences
Penalties under the Misuse of Drugs Act
Sentencing Drug Offenders
Commonwealth Law: importing and exporting
Offences
Possession in Commonwealth Law
Quantities
Defences for importing and exporting in Commonwealth law
Search, Seizure and Detention under the Customs Act 1901 (Cth)
Sexual Offences
Offences
Investigation and Court Procedures
Compensation for Victims
The Firearms Act 1996
Offences and Police Powers Under the Firearms Act
Storage, Licensing, Registration and Prohibited Weapons
Family Violence
What is Family Violence?
Safe at Home
The Family Violence Act 2004 (Tas)
The Children, Young Persons and their Families Act 1997 (Tas)
Resources for Victims and Offenders
Traffic and Parking Offences
How Offences Are Dealt With
Offences Causing Death or Serious Injury
Random Breath Testing (RBT)
Parking
Other Traffic Offences
Obtaining a Restricted Licence
Defences
Youth Justice
The Youth Justice Act 1997
Youth Justice Process
Youth Justice Courts
Community Conferencing
Sentencing Options for Youth Offenders
Victims of Crime
Introduction to Victims' Compensation
Elements Necessary for Compensation
The victim, the offender, and privacy
Sentencing
Where does sentencing law come from?
Purposes and Considerations of Sentencing
Proportionality, parsimony, and other limiting principles
What is a sentence?
Sentencing Under the Youth Justice Act
Who is an offender?
How does the court reach a decision?
Sentencing Process
To punish or not to punish?
Factors for consideration
Examples of sentencing
Crimes and Punishments
Restraint or restraining orders
Public opinion and sentencing
Parole and Probation
Sentencing Policy
Resources
Prison and Prisoners
Effect of Criminal Conviction
Prisoners and People in Custody
Going to Jail
Prison
Prison Discipline
Prisoners' Rights
Leave Permits and Release
Visitors
Parole
Work and Workers
Employment Law
Acknowledgments
Introduction
Employment Contracts
National Employment Standards
Awards
Workplace Agreements
Industrial Actions
Further Terms and Conditions for Negotiation in Individual Agreements
Enforcement of Entitlements Under Workplace Agreements, Awards, National Employment Standards and Contracts
Termination of Employment
General Protections
Wage and Employment Records
Contacts and Resources
Workplace Health & Safety (WHS)
Acknowledgments
Work Safety - a general overview
Worksafe Tasmania
Duties of PCBUs and officers
Duties of Employees and others
Workers' Compensation
Workers Rehabilitation and Compensation Act 1988 (Tas)
When Is Compensation Payable?
Claiming Compensation - What and How
Medical Examinations and Medical Expenses
Payments
Legal Advice and Resources
Rights, Disability and Access
Children's Rights
Care and Protection of Children and Young People
Child Protection
Child Protection and Children
What is Abuse or Neglect?
Mandatory Reporting
Care and Guardianship
Order Hearings
Orders in Care and Protection Proceedings
Care and protection/assessment orders
Assessment Orders
Care and Protection Orders
Options other than Care and Protection Orders
Protocols
Parents' Rights and Duties
Children's Rights and Duties
Medical Treatment
International and Domestic Law
School
Employment
Leaving Home
Personal Choices
Legal Matters
Court Proceedings
Sex and Relationships
Voting, Driving and Passports
Disability
What is Disability?
Government Departments and Services
Work and Domestic Life
Personal Relationships
Housing
Care Givers
Disability and the Law
The Protection of Rights
Consumer Protection
Other Ways to Exercise Rights
The Criminal Justice System
Sheltered Workshops
Wills
Will of a person with an intellectual disability
Providing for the needs of a person with a disability
Aboriginal Law
What is Aboriginal Law?
What is an Aborigine?
Right to Land
Other Rights and Interests
Families
Discrimination
Indigenous self-determination, self-government and sovereignty
Aborigines and the Criminal Law
Legal Assistance
Organisations
Intellectual Property and Copyright
What is Intellectual Property?
How Intellectual Property Protects Your Ideas
Copyright
What is Copyright?
When Does Copyright Exist?
Copyright Owners
Australian Copyright Bodies
Infringement
International Copyright - the Berne Convention
Designs
Patents
Trade Marks
Confidentiality/trade secrets
Discrimination
What is Discrimination?
The Tasmanian Anti-Discrimination Framework
Tasmanian Anti-Discrimination Commissioner and Anti-Discrimination Tribunal
The Tasmanian Anti-Discrimination Act 1998
Exceptions and Exemptions under the Tasmanian Act
Discrimination in Employment
Federal Human Rights Framework
The Australian Human Rights Commission (AHRC)
Age Discrimination
Disability Discrimination
Racial Discrimination
Sex Discrimination
Lodging a Complaint
Going to Court
Complaints with the AHRC
Which Act applies?
Contacts and Resources
Defamation
Introduction
What is Defamation?
Who Can Be Defamed?
Making Amends and Apologies
Presumptions
Defences
Remedies
Family Law
Relationships
Introduction
De Facto and Same-Sex Relationships
Marriage
Marriage - The Basics
What is recognised as a marriage?
Duties, Responsibilities and Other Matters
Property and Maintenance
Application
Property
The Family Home
Property, Property Orders and Property Claims
How Does the Court Decide?
Agreements and Consent Orders
Spousal Maintenance
Spousal Maintenance and Maintenance Agreements
Section 86 and Section 87 Agreements
Variation and Urgent Payments
Case Studies - Maintenance
Common Misconceptions
Parental Responsibility - Who the Child Lives With and Communicates With
Who Can Apply to the Court?
Terms of Reference
Family Reports
Parenting Orders
Spends Time With and Communicates With
Parents' Behaviour
Children
Removing the Children
International Abduction of Children
Common Misconceptions
Separation and Divorce
Breakdown of Marriage
Separation
What is Separation?
Rights on Separation
Applying for Court Orders
When to Apply for Divorce
Serving Divorce Papers
Court Process
Opposing Divorce
Dissolutions and Annulments
Legal Representation and Advice
The Relevant Courts
Child Maintenance
Introduction
How to Apply
Private Child Support and Collection Arrangements
Child Bearing Expenses
Enforcement and Ending Child Maintenance Orders
Administrative Remedies
Adoption
Introduction
The Adoption Act
Who Can Adopt Children?
Assessment and Approval
Adoption Placement and Requirements
Adoption by Spouse of Natural Parent or Relatives
The Adoption Process
Contacts and Resources
Accidents and Insurance
Negligence
The Civil Liability Act (Tas) 2002
Negligence and the Duty of Care
Plaintiffs and Defendants
Intoxication - sections 4A-6
Accidents on Land
Damages
Specific Time Limits
Defences to the Tort of Negligence
Motor Vehicles
What to Do After an Accident
Whether to Sue
Self-Help Handling a Claim
Claims Contested in Court
Types of Insurance
Comprehensive Car Insurance
Personal Injury
Insurance
Claims
Possible Defences
Claiming Compensation
Losing Insurance Cover
Insurance
The Contract of Insurance
Reading Insurance Policies
Obtaining Insurance
How to...
What Is?
Exclusions
Complaints
Insurance Brokers
Wills, Estates and Funerals and Guardianship
Wills, Estates and Funerals
Making a Will
Types of Wills
Changes to Wills
Intestacy - Dying without a Will
Dealing with the Estate
Funeral Expenses
Administrative Concerns
Inheritance Problems
Executors and Trustees
Distributing the Property
Contesting a Will
Providing for the needs of a person with a disability
Costs
Contacts and Resources
Guardianship and Administration for Adults
Guardianship and Administration Legislation and Bodies
When is a Guardian Needed?
Guardianship: What to know
Administrators
The Guardianship and Administration Board
Contacts and Resources
Consumers, Money, and Debts
Australian Consumer Law
Acknowledgment
Introduction to the ACL
Consumer Guarantees - What you need to know
What protection does the ACL provide?
What remedies are available?
Services
Misleading or Deceptive Conduct under the ACL
Unconscionable Conduct under the ACL
Other unfair practices under the ACL
Lay-By Agreements under the ACL
Other Consumer Issues
Other Consumer Protection legislation
Complaints in Tasmania: Consumer Affairs and Fair Trading
Complaints and Alternative Dispute Resolution Schemes
Contacts and Resources
Contracts
Acknowledgment
What is a Contract?
The Effects of Signing a Document
Elements Necessary for a Contract
Who has Legal Capacity?
Uncertainty
When is a Contract not a Contract?
Illegal Contracts
Fulfilling or Ending a Contract
Debt
What is debt? How do you get it? What can be done?
Court Resolution
The Letter of Demand
Recovering Debt
The Judgment Debt
Order for Payment by Installment
Garnishment
Private Agreements for Debt Recovery
Bailiff Powers
Seizure
Warrant of Execution
Action by a debtor when a warrant of execution is issued
Debt Collectors
Bankruptcy
What is Bankruptcy?
Who can be made bankrupt? Who should consider bankruptcy?
Some Basics of Bankruptcy
Creditors
Advantages and Disadvantages of Bankruptcy
The Bankrupt's Property
Petitions for Bankruptcy
Examination of the Bankrupt
Alternatives to Bankruptcy
Personal Insolvency Agreements
Part X Proposals
Part IX Debt Agreements
Informal Arrangements
Offences
Ending a Bankruptcy
Government, Administration and Justice
Ombudsman
What is an Ombudsman?
Ombudsman Offices
State and Federal Ombudsmen Offices
What Can the Ombudsman Investigate?
Complaining to the Ombudsman
Conduct of Investigations
Complaints Against Police
The Energy Ombudsman: Tasmania
Freedom of Information and the Right to Information
Commonwealth - Freedom of Information
Tasmania - Right to Information
Right to Information in Tasmania
Commonwealth Legislation
Requests for Information
Freedom of Information Decisions
Disclosure
Nature of the Information
Right to Information Applications
Review and Complaint
Right to Information Decisions
Review of Decisions
Whistleblower Legislation
Privacy
Commonwealth - Privacy
Tasmania - Privacy
Overview
Overview
Personal Information Protection Act 2004 (Tas)
Privacy Principles
Protecting Private Information
Criminal Procedure Legislation
What does the Privacy Act mean to consumers?
Complaints - Privacy
Other Privacy Legislation
Complaints - Privacy
Metadata retention
Administrative Law - Challenging Government Decisions
Administrative Law and Review
What is Administrative Law?
A Summary of the Means of Review
Who Has Standing to Appeal a Reviewable Decision?
What Administrative Decisions Can I Review?
Some things to consider
Who Makes What Decision?
What is Which Review?
The Importance of Time Limitations
Keeping It Out of Court
Outcomes of a review or reconsideration
Judicial Review
Merits Review
Ombudsmen - Tasmania and Commonwealth
Commonwealth Review Processes
Commonwealth Social Security Appeals Tribunal (SSAT)
Commonwealth Administrative Appeals Tribunal
Commonwealth Small Taxation Claims Tribunal
Tasmanian Review Processes
A brief overview of the main Tasmanian review processes
Supreme Court of Tasmania
Magistrates Court (Administrative Appeals Division) Review
Grounds for Judicial Review
Challenging Methods or Procedures
Challenging the Reasons for a Decision
Income and Government Assistance
Superannuation
Taxation
Acknowledgments
Acknowledgments
Superannuation Schemes and Benefits
Introduction
What to Know About Superannuation
Choice of Superannuation Funds
Taxation, Pensions and Lump Sums
Regulation of Funds
How is Your Income Tax Liability Determined?
Superannuation Benefits
Your Responsibilities as a Taxpayer
Superannuation Benefit Disputes
Tax File Numbers
The Tax Return
Reviewing a Trustee's Decision
Reviewing an Insurer's Decision
Assessments
Contacts
Private Rulings and Oral Rulings
Penalties, Interest Charges and Offences Relating to Tax Returns
Objections, Reviews and Appeals
Paying Your Tax
Fringe Benefits Tax (FBT)
Goods & Services Tax
State Duties and Taxes
Tasmanian Government Assistance
General assistance – discounts and concessions
Help for Pensioners
Help for Families
Social Security
Acknowledgments
WARNING
Pensions
Allowances and Payments
Youth Allowance and Austudy
Newstart Allowance
Sickness and Mobility Allowances
Family, Partner and Parenting Allowances
Income and assets tests for Sickness, Youth, Newstart and Parenting Payment (Partnered)
Special Benefit and Carer Allowance
Bereavement Allowance
Compulsory Income Management
Concession Cards
Crisis Payment and Rent Assistance
International Agreements and Portability
Compensation and Damages Payment
Income Tax and Overpayments
Social Security Appeals
Contacts and Resources
Community and Environment
Neighbourhood Disputes
Introduction
Boundary Disputes
Boundary Disputes in General
Boundary Fences
Access
Entry of Objects
Environmental Issues
Water
Smoke, Smells, Noise, and Pollution
Nuisance
Animals
Trees and Possible Dangers
Problems Outside the Boundary
Immigration and Citizenship
Road Rules for Cyclists and Skaters
Environment
Community Organisations
Internet Law and Internet Commerce
Dogs, Cats, and Animal Control
Acknowledgments
Who and What are Covered by the Road Rules 2009?
Introduction to Animal Care
Introduction to Environmental Law
The General Road Rules that apply to Cyclists
Introduction
Dogs
Tasmania's Environmental and Planning Law Framework
Copyright Issues
Bicycle and cyclist specific laws
Development Control - Land Use Planning and Approvals Act 1993
Cats
Defamation Issues
Birds, Domestic Fowl and Livestock
Important rules for cyclists and drivers
The Environmental Management and Pollution Control Act 1994 (EMPCA)
Skateboarders and Others
Other Protection Issues
Environmental Management Tools under the EMPCA
Wildlife
Contacts and Resources
Injuries Caused by Other Animals
Assessing Environmental Impacts
E-Commerce: Online Shopping
Contacts and Resources
Industry Codes of Practice
Purchasing from Overseas
Codes of Practice
Forestry
Mining Activities
Parks and Wildlife Service
Marine Farming
Heritage
Managing Access to Internet Content
Local Government Issues - Rates
Complaints to ACMA
Contacts and Resources
Introduction to Immigration
What Structure Should an Organisation Choose?
WARNING
Incorporation as an Association
Australian and New Zealand Citizens
Amalgamation of Associations and Transfers of Incorporation
Citizenship
Winding Up and Deregistering of Incorporation
Australian Visas
Incorporation as a Company Limited by Guarantee
An Overview of Visas
Applying for a Visa to Enter Australia
Becoming a Cooperative
Student visas and minor offences or convictions
Registration as a Charity
Temporary Visas
Unincorporated Associations
Family Visas
Overview
Family Violence and Permanent Visa Applications
Fiancé, spouse or de facto partners
Parents and Children
Other Family
Work Visas
Humanitarian Visas
Unlawful Non-Citizens, Removal and Deportation
Review of Migration Decisions
Interpreters
Contacts and Resources
Housing - Renting and Buying
Public Housing
A Guide to the ‘Housing Assessment System’
Eligibility for Public Rental Housing
Tenant Contribution, Rent, and Leases
Eviction
Privacy and Access to Information
Tasmanian Public Housing Review
Contacts and Resources
Planning and Development Controls
Controls and Applications
Land Use Planning and Approvals
The Land Use Planning and Approvals Act 1993 (LUPAA)
Assessing Environmental Impacts
Environmental management tools under the EMPCA
Heritage
Local Government Issues - Rates
Contacts and Resources
Residential Tenancy
What is a Tenancy?
Becoming a Tenant
Boarders
Rent and Security Deposit
Who Pays for What?
Common Residential Tenancy Questions
Miscellaneous Requirements Under the Act
Bond Return Disputes
Ending an Agreement
Contacts and Resources
Buying and Selling Real Estate
Ways to Own Property
Units, Flats and Townhouses
Buying and Selling Real Estate
Conveyancing Costs - Selling
Conveyancing Costs - Buying
Contacts and Resources
Medical Treatment and Medical Products
Medical Treatment and Health Products
Health Product Safety
Rights and Remedies
Taking an Action
Medical Treatment
Rights and the Law
Consent
Medical Negligence
Abortion/Termination of Pregnancy
Access to Information and Confidentiality
Complaints Processes
The First Step: The Treating Agency
Medicare and DHHS
Aged Care
Non-Medical Cosmetic Procedures
The Tasmanian Health Complaints Commissioner
What is the Office of the Tasmanian Health Complaints Commissioner (OHCC)?
The Complaint Process with the Health Complaints Commissioner
Tasmanian Health Practitioners Tribunal
Australian Health Practitioner Regulation Agency (AHPRA)
What AHPRA can do
Regulation of APHRA: National Health Practitioner Ombudsman
Rights and Responsibilities of Health Service Consumers
Contacts and Resources
Mental Health
Overview
Types of Orders, & Custody and Escort Provisions
General Principles for Making an Order
Treatment Orders for Patients Lacking the Capacity to Consent
Orders for Admission to a Secure Mental Health Unit
Voluntariness and Consent
The Mental Health Tribunal and Powers of Review
Official Visitors
Feedback
Disclaimer