Reorder Book

Tasmanian Law Handbook
Welcome to the Tasmanian Law Handbook
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
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
Appearing in Court
Criminal Penalties for Indictable Offences
Appeals in the Supreme Court
Legal Representation
Coroner's Court
Offences tried by Judge and Jury: Indictable Offences
Preparation for the Trial
Preliminary Proceedings
Laying A Charge
Plea of Guilty
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
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
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
The Regulatory Framework
Qualifications to Practice
Professional Conduct
Legal Profession Board
Legal Remedies - Complaints against Lawyers
Lawyers’ Remedies
Time Limits
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
What to do if arrested
Drink Driving and Arrest
After Arrest
Interviews and talking with the police
Getting Help
Illegal Police Action
Interviews, Examinations and Line-ups
Criminal Charges and Bail
Offences under the Police Offences Act and the Criminal Code
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
Cannabis Offences
Sale, Supply and Trafficking
Other Drug Offences
Penalties under the Misuse of Drugs Act
Sentencing Drug Offenders
Commonwealth Law: importing and exporting
Possession in Commonwealth Law
Defences for importing and exporting in Commonwealth law
Search, Seizure and Detention under the Customs Act 1901 (Cth)
Sexual 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)
Other Traffic Offences
Obtaining a Restricted Licence
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
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
Prison and Prisoners
Effect of Criminal Conviction
Prisoners and People in Custody
Going to Jail
Prison Discipline
Prisoners' Rights
Leave Permits and Release
Work and Workers
Employment Law
Employment Contracts
National Employment Standards
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)
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
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
Parents' Rights and Duties
Children's Rights and Duties
Medical Treatment
International and Domestic Law
Leaving Home
Personal Choices
Legal Matters
Court Proceedings
Sex and Relationships
Voting, Driving and Passports
What is Disability?
Government Departments and Services
Work and Domestic Life
Personal Relationships
Care Givers
Disability and the Law
The Protection of Rights
Consumer Protection
Other Ways to Exercise Rights
The Criminal Justice System
Sheltered Workshops
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
Indigenous self-determination, self-government and sovereignty
Aborigines and the Criminal Law
Legal Assistance
Intellectual Property and Copyright
What is Intellectual Property?
How Intellectual Property Protects Your Ideas
What is Copyright?
When Does Copyright Exist?
Copyright Owners
Australian Copyright Bodies
International Copyright - the Berne Convention
Trade Marks
Confidentiality/trade secrets
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
Which Act applies?
Complaints with the AHRC
Going to Court
Contacts and Resources
What is Defamation?
Who Can Be Defamed?
Making Amends and Apologies
Family Law
De Facto and Same-Sex Relationships
Marriage - The Basics
What is recognised as a marriage?
Duties, Responsibilities and Other Matters
Property and Maintenance
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
Removing the Children
International Abduction of Children
Common Misconceptions
Separation and Divorce
Breakdown of Marriage
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
How to Apply
Private Child Support and Collection Arrangements
Child Bearing Expenses
Enforcement and Ending Child Maintenance Orders
Administrative Remedies
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
The Civil Liability Act (Tas) 2002
Negligence and the Duty of Care
Plaintiffs and Defendants
Intoxication - sections 4A-6
Accidents on Land
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
Possible Defences
Claiming Compensation
Losing Insurance Cover
The Contract of Insurance
Reading Insurance Policies
Obtaining Insurance
How to...
What Is?
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
Contacts and Resources
Guardianship and Administration for Adults
Guardianship and Administration Legislation and Bodies
When is a Guardian Needed?
Guardianship: What to know
The Guardianship and Administration Board
Contacts and Resources
Consumers, Money, and Debts
Australian Consumer Law
Introduction to the ACL
Consumer Guarantees - What you need to know
What protection does the ACL provide?
What remedies are available?
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
What is a Contract?
The Effects of Signing a Document
Elements Necessary for a Contract
Who has Legal Capacity?
When is a Contract not a Contract?
Illegal Contracts
Fulfilling or Ending a Contract
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
Private Agreements for Debt Recovery
Bailiff Powers
Action by a debtor when a warrant of execution is issued
Warrant of Execution
Debt Collectors
What is Bankruptcy?
Who can be made bankrupt? Who should consider bankruptcy?
Some Basics of Bankruptcy
Advantages and Disadvantages of Bankruptcy
The Bankrupt's Property
Petitions for Bankruptcy
Examination of the Bankrupt
Alternatives to Bankruptcy
Informal Arrangements
Part IX Debt Agreements
Part X Proposals
Personal Insolvency Agreements
Ending a Bankruptcy
Government, Administration and Justice
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
Commonwealth Legislation
Right to Information in Tasmania
Requests for Information
Freedom of Information Decisions
Right to Information Applications
Nature of the Information
Right to Information Decisions
Review and Complaint
Review of Decisions
Whistleblower Legislation
Commonwealth - Privacy
Tasmania - Privacy
Personal Information Protection Act 2004 (Tas)
Privacy Principles
Criminal Procedure Legislation
Protecting Private Information
Complaints - Privacy
What does the Privacy Act mean to consumers?
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 Small Taxation Claims Tribunal
Commonwealth Administrative Appeals Tribunal
Commonwealth Social Security Appeals Tribunal (SSAT)
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 Schemes and Benefits
What to Know About Superannuation
Choice of Superannuation Funds
Taxation, Pensions and Lump Sums
Regulation of Funds
How is Your Income Tax Liability Determined?
Your Responsibilities as a Taxpayer
Superannuation Benefits
Superannuation Benefit Disputes
Tax File Numbers
The Tax Return
Reviewing a Trustee's Decision
Reviewing an Insurer's Decision
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
Help for Families
General assistance – discounts and concessions
Help for Pensioners
Social Security
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
Boundary Disputes
Boundary Disputes in General
Boundary Fences
Entry of Objects
Environmental Issues
Smoke, Smells, Noise, and Pollution
Trees and Possible Dangers
Problems Outside the Boundary
Dogs, Cats, and Animal Control
Community Organisations
Internet Law and Internet Commerce
Road Rules for Cyclists and Skaters
Immigration and Citizenship
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
Tasmania's Environmental and Planning Law Framework
Bicycle and cyclist specific laws
Copyright Issues
Development Control - Land Use Planning and Approvals Act 1993
Birds, Domestic Fowl and Livestock
Important rules for cyclists and drivers
The Environmental Management and Pollution Control Act 1994 (EMPCA)
Defamation Issues
Environmental Management Tools under the EMPCA
Other Protection Issues
Skateboarders and Others
Injuries Caused by Other Animals
E-Commerce: Online Shopping
Assessing Environmental Impacts
Contacts and Resources
Purchasing from Overseas
Contacts and Resources
Industry Codes of Practice
Codes of Practice
Mining Activities
Parks and Wildlife Service
Marine Farming
Local Government Issues - Rates
Managing Access to Internet Content
Complaints to ACMA
Contacts and Resources
Introduction to Immigration
What Structure Should an Organisation Choose?
Incorporation as an Association
Amalgamation of Associations and Transfers of Incorporation
Australian and New Zealand Citizens
Winding Up and Deregistering of Incorporation
Incorporation as a Company Limited by Guarantee
Australian Visas
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
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
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
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
Local Government Issues - Rates
Contacts and Resources
Residential Tenancy
What is a Tenancy?
Becoming a Tenant
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
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
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