The Law and You

"The Mercury" Monday columns
1.	CENTRELINK APPEALS 4 October 1999	10.	CONSUMER CREDIT CODE 13 December 1999
2.	CENTRELINK VISITS 11 October 1999	11.	PROPERTY SALES, SITTING TENANTS 20 December 1999
3.	UNDER ARREST 18 October 1999	12.	HEALTH COMPLAINTS COMMISSIONER 27 December 1999
4.	DOOR-TO-DOOR SALES 25 October 1999	13.	FEES FOR TENANTS 3 January 2000
5.	CHILD SUPPORT 1 November 1999	14.	ELECTRICITY OMBUDSMAN 10 January 2000
6.	BUYING A CAR (who owns it?) 8 November 1999	15.	UNFAIR DISMISSAL 17 January 2000
7.	BUYING A CAR (registration) 22 November 1999	16.	COMMONWEALTH OMBUDSMAN 24 January 2000
8.	RESIDENTIAL TENANCY ACT 29 November 1999	17.	LAY-BY SALES 31 January 2000
9.	TASMANIAN OMBUDSMAN 6 December 1999	18.	BAG CHECKS 7 February 2000
1.	CENTRELINK APPEALS (The Mercury, Monday 4 October 1999)
	You may ask Centrelink to review a decision, if you think it is wrong or unfair. If you want to get a back payment, you must appeal within thirteen weeks of the original decision. The first step is to ask the person who made the original decision to change it. You may be able to give them some extra information, which may change their mind. If this person won’t change their decision, you can ask for the decision to be reviewed by an Authorised Review Officer (ARO). Again, you need to appeal within thirteen weeks in order to get the back payments. If the Authorised Review Officer does not change the decision, you may then appeal to the Social Security Appeals Tribunal (SSAT), again within thirteen weeks. This is an independent body. If the SSAT does not change the decision, you may then appeal to the Administrative Appeals Tribunal (AAT). If you appeal to the AAT, you need to do so within 28 days of being advised of the SSAT decision.. If you need help to prepare an appeal against a Centrelink decision, the Welfare Rights Advocate at the Hobart Community Legal Service can assist. Phone 6223 2500 during normal office hours.
2.	CENTRELINK VISITS (The Mercury, Monday 11 October 1999)
	If someone comes to your door and claims to be from Centrelink, you do not have to let them in. Ask them for their identification and why they want to speak to you. You may either ask them to come back at a time that is convenient to you, or you can make an appointment to visit a Centrelink office. If you make an appointment, make sure you keep it. Be courteous to the Centrelink staff you deal with. You can ask a friend to attend the interview with you. You may also like to contact the Welfare Rights Advocate at the Hobart Community Legal Service for advice before attending the interview. The phone number is 6223 2500. Ask the Centrelink officer to put all questions in writing. You do not have to answer these questions, particularly if you are unsure of your position. However, Centrelink may reduce or stop your allowance if you do not give them certain information.
3.	UNDER ARREST (The Mercury, Monday 18 October 1999)
	Most of us never expect to be arrested. It probably won’t happen to you, but you may have friends or relatives who are arrested sometime. You do not have to go anywhere with a police officer for questioning, unless you are under arrest. However, if you are directed to undergo a breathalyser test you must comply with the direction. The police will usually tell you if you are under arrest. If you are unsure, ask the police officer. The police may only hold you for questioning if they have arrested you. You do not have to answer their questions or make a statement. If you choose to make a statement, you should first seek legal advice. You should be allowed to make a phone call. Children less than 17 years old should have a parent or other responsible adult present before being questioned. The police must take you before a justice as soon as possible after your arrest, unless they release you. Police have the right to fingerprint and photograph you, in some circumstances but not when you have been arrested for traffic or other minor offences.
4.	DOOR-TO-DOOR SALES (The Mercury, Monday 25 October 1999)
	There are two things you need to know about door-to-door sales. One, you do not have to let a door to door sales person into your home. Two, if you sign a door to door sales contract, you may cancel it within ten days without penalty. This is known as the ‘cooling off’ period. During this time the provider of the goods or services in the contract must not accept payment for, or supply the goods or services. Door-to-door sales people may only call on you between 9.00 am and 8.00 pm weekdays, or 9.00 am to 5.00 pm on Saturdays. Door-to-door sales are not allowed on Sundays. The Tasmanian Act applies to most door-to-door sales over $50-00, except insurance sales. This includes sales by telephone. Other things which door-to-door salespeople must do include: Identify the purpose of the call or produce an identity card showing their name and address and the supplier’s name and address. Prepare the contract in printed form Show the total sum to be paid by you, or how it is calculated. Give a detailed description of any work to be done, such as house repairs. Complete contract details and sign it before you sign. Give you a printed copy of the contract as soon as you sign it. If you want more help or advice about door-to-door sales contact the Hobart Community Legal Service on 6223 2500, or Consumer Affairs and Fair Trading on 1300 654 499 during normal office hours.
5.	CHILD SUPPORT (The Mercury, Monday 1 November 1999)
	The Hobart Community Legal Service employs a full-time specialist child support solicitor to help carer parents with all aspects of child support and maintenance law. This includes negotiating agreements with the other parent, obtaining a court order for child maintenance, and obtaining proof of parentage, for child support services. You may also get help to object to a decision of the Child Support Agency or apply for a departure from an administrative assessment of the Child Support Agency. They can also help to draw up consent orders and agreements where the parents already agree about what should happen. This is a free, confidential service. To make an appointment or to obtain free, confidential telephone advice on a child support matter, carer parents should telephone the Hobart Community Legal Service on 6223 2500. The Child Support Service can also provide information to community groups and other organisations. To arrange a free information or advice session, please contact us on the above number.
6.	BUYING A CAR (who owns it?) (The Mercury, Monday 8 November 1999)
	Most people are aware of the need to get the mechanical condition of a car checked before they buy it. There are some other important points to consider before you buy a car, particularly if it is a private sale. Who owns the car? This may seem obvious, but just because someone is offering a car for sale does not mean they are the legal owner. If you pay for a car which is owned by someone other than the person who is selling it, you could be doing your dough in a big way! The vehicle may have been stolen or a finance company may have an interest in it. The car may be legally owned by more than one person . For example, a married or defacto partnership may have broken down and one of the former partners may be selling the vehicle without the other’s knowledge. To find out if there is any debt owed on the car, phone the Vehicle Securities Register on 13 11 05. You should also contact the police to check if the car has been stolen.
7.	BUYING A CAR (registration) (The Mercury, Monday 22 November 1999)
	Is the car registered? If not, you will have to pay to have it registered. You are not allowed to drive the car, or park it in a public street, if it is not registered. If it has been unregistered for over 90 days, you have to have a road worthiness test on it before it will be registered. This will cost you money. If you are selling the car, you will have to tell the Motor Registry within three days of the sale. There is no fee to pay. If you don’t tell them, you may end up having to pay any speeding or other fines the new owner incurs. If you are buying the vehicle, you have to tell the Registrar of Motor Vehicles within fourteen days. You will also have to pay a transfer fee and stamp duty. The stamp duty depends upon the value of the vehicle. You need to complete a special form Application: Transfer of Vehicle Registration and Notice of Disposal. You can get this form from a Service Tasmania shop, or a police station If you do not comply with these regulations, you could be fined up to $500-00
8.	RESIDENTIAL TENANCY ACT (The Mercury, Monday 29 November 1999)
	This week's column is provided by the Office of Consumer Affairs and Fair Trading. The Residential Tenancy Act 1997 commenced on 1 July 1998. It creates clear rules for both owners and tenants in Tasmania. These rules apply to all agreements, whether written or verbal. For example, when first moving in, an owner may ask for rent in advance for one payment period only. This would be either weekly or fortnightly, as agreed. A maximum of four weeks rent may be held as a security deposit. The Act also creates clear rules for eviction. Owners must give proper notice and may not simply ask the tenant to leave. Tenants may not be forced onto the street without an order from a court. At the end of a tenancy, disputes may arise about the amount of security deposit to be returned. The Residential Tenancy Commissioner is able to consider these disputes and make a decision, where appropriate. Generally the Small Claims Division of the Magistrates Court is responsible for issues which arise under this law. Further information may be obtained by ringing the Office of Consumer Affairs and Fair Trading on 6233 4567. You may also check their Internet site at: http://www.justice.tas.gov.au
9.	TASMANIAN OMBUDSMAN (The Mercury, Monday 6 December 1999)
	This week's column is provided by the Tasmanian Ombudsman's Office. Imagine this. You have a complaint about your local council operations but have been unable to come to a satisfactory solution. The Ombudsman may be able to help. The Office of the Ombudsman offers a free, relatively speedy alternative to lengthy legal battles. The Ombudsman takes complaints about State Government departments and local councils where you have been unable to resolve the matter directly with the authority concerned. The Ombudsman is an independent authority who will investigate your complaint by gathering evidence from both sides and making a decision based on the principles of what is generally accepted to be fair and reasonable. The Ombudsman has the power to recommend remedial action or reversal of a decision to government departments or councils. You may lodge a complaint at the Ombudsman's office over the phone, in writing, via a complaint form or by email. An experienced investigator will be allocated to your case and will regularly advise you of progress. The Office of the Ombudsman is located at 99 Bathurst Street in Hobart. Phone 6233 6217, or 1800 001 170 freecall. Email: Ombudsman@justice.tas.gov.au
10.	CONSUMER CREDIT CODE (The Mercury, Monday 13 December 1999)
	This week's column is provided by the Office of Consumer Affairs and Fair Trading. The Consumer Credit Code commenced in all Australian States and Territories on 1 November 1996. The Code covers credit for personal, household and domestic use - such as credit cards, mortgages, personal loans and store credit. The key purpose of the Code is to ensure that consumers have clear and accurate information about a loan before they borrow money. This assists consumers to make informed choices and choose between different types of credit. The Code requires that a pre-contractual statement is given to each borrower, detailing information such as the interest rate, the amount of fees and charges, and the amount of repayments. Consumers must be notified of changes during a credit contract, such as changes to fees and charges or changes to a variable home loan interest rate. There are rules which ensure that appropriate information is given to guarantors. The Code also states what happens when a consumer is in default, and requires an appropriate notice to be given. The Consumer Credit Code is administered in Tasmania by the Office of Consumer Affairs and Fair Trading. Please phone 6233 4567 for further information.
11.	PROPERTY SALES, SITTING TENANTS (The Mercury, Monday 20 December 1999)
	This week's information comes from the Tenants' Union of Tasmania. Can you stay in a rental property if the owner is going to sell it? Where a tenant has a written lease, a tenant is entitled to stay in the property after the property has been sold. The new property owner will be bound by the terms of the lease, unless there is a clause in the lease to the contrary. Tenants who have leases must be aware of this fact. They are entitled to stay in the property until the end of their lease and cannot be asked to leave because the property has been sold. Tenants must be careful not to sign anything that would effect their rights with respect to this issue. Tenants can not be made to sign documents that give the property owner a right to terminate the lease upon sale of the property. Where a tenant does not have a written lease, the property owner can ask the tenant to leave when the property is sold. However, the property owner must give the tenant 28 days to vacate the property. For further information, please phone 1300 652 641
12.	HEALTH COMPLAINTS COMMISSIONER (The Mercury, Monday 27 December 1999)
	This week's information comes from the Health Complaints Commissioner. If you are unhappy with the service from your health care provider, you may complain to the Health Complaints Commissioner. The Health Complaints Commission accepts complaints about issues such as failure treatment, access to services, costs or any other aspect of health care. It also deals with denial of dignity or privacy, or a lack of information about your treatment. The Commission provides a free and independent alternative dispute resolution service. The Commission may investigate a complaint, refer a complaint to a professional body, or recommend conciliation. Wherever possible, you should first discuss your concerns with the health service provider. You should lodge your complaint at the Health Complaints Commission in writing. If you are unsure how to do this, phone the Commission for advice. An experienced investigator will deal with your case and regularly advise you of progress. The Office of the Health Complaints Commissioner is at 99 Bathurst Street, Hobart. Phone 6233 6348 or 1800 001 170 Freecall. Email: Health.Complaints@justice.tas.gov.au
13.	FEES FOR TENANTS (The Mercury, Monday 3 January 2000)
	This week's information comes from the Tenants' Union of Tasmania. Are application fees legal? An application fee (or 'service fee', 'reference fee', etc.) is a fee charged by a real estate agent to a tenant who wishes to apply to rent a property listed with the agent. These fees range from $20 to $60 and may or may not be refundable if the tenant is unsuccessful in renting the property. The legality of these fees in Tasmania is debatable. The Residential Tenancy Act 1997, section 17, states that a prospective tenant may only be charged rent in advance, a security deposit and a holding fee. The real estate industry argues that an applicant is not a prospective tenant but a client of the real estate agent. The agent charges the application fee for their services. Applicants should question any real estate agent who charges a fee. A tenant must be provided with a legitimate service for that fee. The service must not be one which has already been paid for by the property owner, such as checking references or drawing up documents for that tenancy. A tenant should ask the real estate agent to explain what services are provided for the fee. Question any items where a service has not been provided.
14.	ELECTRICITY OMBUDSMAN (The Mercury, Monday 10 January 2000)
	This week's column comes from the Electricity Ombudsman. The Electricity Ombudsman is in its second year of operation. It was established to resolve complaints about electricity companies. If you have a complaint about your electricity bill, the quality of your power supply, the placement of poles or towers - or any other issue relating to your electricity supply - you may complain to the Electricity Ombudsman. The Electricity Ombudsman provides a free and independent alternative dispute resolution service. The office may investigate a complaint and, where appropriate, make an award up to a maximum of $50,000 that the electricity company must pay. You should first discuss your concerns with the electricity company directly. If you are still unable to resolve the dispute you should write to, phone or email the Electricity Ombudsman. An experienced investigator will deal with your case and give you regular progress reports. The Electricity Ombudsman is at 99 Bathurst Street, Hobart. Phone 6233 8669, or 1800 001 170 freecall. Email: Electricity.Ombudsman@justice.tas.gov.au
15.	UNFAIR DISMISSAL (The Mercury, Monday 17 January 2000)
	This week's information comes from the Working Women' Centre. High levels of unemployment and the current economic climate in Tasmania have caused an increase in the number of people being unfairly dismissed by employers. When a woman is dismissed, the legal system is both time-consuming and expensive. The financial award from a successful tribunal hearing may not cover the cost of a private lawyer. Many women are therefore reluctant to seek legal help. The Working Women's Centre provides support and information to women who are considering whether to lodge a claim in either the Federal or State Industrial Relations Commissions. Although the Centre may not represent women, staff can assist clients to prepare their case and accompany them to a hearing as a support person. Further help is available from the Hobart Community Legal Service (6223 2500), Women's Legal Service (1800 682 460) or Legal Aid (1300 366 611). You may also contact a union through the Tasmanian Trades and Labour Council (6224 4336). By using these valuable resources, women can contribute to raising public awareness about workplace issues. By acting against unfair and unethical practices, we will get positive changes to Tasmanian workplaces. The Working Women's Centre phone no. is 6234 7007.
16.	COMMONWEALTH OMBUDSMAN (The Mercury, Monday 24 January 2000)
	This week's information comes from the Commonwealth Ombudsman. The Commonwealth Ombudsman is an independent person appointed to investigate complaints about Commonwealth Government agencies, such as Centrelink, the Tax Office or the Child Support Agency. Over 40,000 complaints and inquiries were received last year. The Ombudsman's Office has two important functions. Firstly, to investigate and resolve citizens' complaints. Secondly, to improve public administration by identifying problems within the system and recommending changes which will prevent problems being repeated. You should always try to resolve your problem with the government agency that you have the problem with before coming to the Ombudsman's Office. The Ombudsman's Office may not investigate the matter if you have not approached the agency first. You may contact the Commonwealth Ombudsman on a National Complaints Line, no. 1300 362 072. This allows you to phone your nearest Ombudsman's office for the cost of a local phone call. There is also an internet web site at www.comb.gov.au This provides information, contact details for offices and an electronic complaint form. The Tasmanian office of the Commonwealth Ombudsman is at 99 Bathurst Street in Hobart. Phone 6233 6217, fax 6233 8966.
17.	LAY-BY SALES (The Mercury, Monday 31 January 2000)
	A lay-by sale is an agreement between you and a retailer, where you pay the purchase price over a fixed period by instalments. The selected goods must be set aside and stored separately from other goods, and clearly identified. The retailer must give you a copy of the lay-by agreement. This should include the following information and conditions: description of the goods transaction date identification mark or number details of deposits and instalments paid period over which payments are to be made date by which you must make final payment. who is responsible for insurance of goods on lay-by. when you actually own the goods. what happens if you are late with payments, change your mind or want to vary the lay-by; and what penalties, if any, are imposed for cancellation of the lay-by by you.. The retailer must not change the price of the goods whilst they are on lay-by. The retailer must also give you ten days written notice if they are going to terminate the lay-by agreement because you have not met the terms and conditions. For further information, contact the Office of Consumer Affairs and Fair Trading on 1300 654 499.
18.	BAG CHECKS (The Mercury, Monday 7 February 2000)
	A shopkeeper may make your entry into their store conditional upon you showing bags, cartons, parcels and containers for checking. The store must display prominent notices to tell you if it plans to check your bag. You must be able to see this notice before you enter the store. You may refuse to have your bag checked, and anyone who uses force to check your bag against your will may to liable for assault. If you refuse to allow your bag to be checked, the shopkeeper may ask you to leave the store. You may not return unless you are prepared to allow the staff to check your bag. A retailer must not forcibly detain anyone unless they are absolutely certain that a crime has been committed. However, a retailer may ask anyone to leave a store at any time if they have any suspicions. A customer is in a store at the invitation of the retailer and may be asked to leave at any time, provided the reasons given for the eviction are not discriminatory. For more detailed information, please ask for a copy of the leaflet Bag Check from the Office of Consumer Affairs and Fair Trading on 1300 654 499. Back to News & Articles