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The Law Handbook – Victoria’s most trusted practical information to the regulation since 1977

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Last updated: 30 June 2017


Understanding our legal guidelines and courts

Where our laws come from

The place does regulation come from?

Constitution of Human Rights and Obligations

The constitutions

Aboriginal and Torres Strait Islander regulation

Law reform

Discovering the regulation

Additional info

Contacts

An introduction to the courts

Introduction

Victorian state courts

Commonwealth courts

Tribunals

Juries

Authorized documents

Contacts

Sentencing in the Magistrates’ Courtroom

Laws and tips

Sentencing orders obtainable to the courtroom

Victim influence statements

Defendants with mental and other disabilities

Commonwealth offences

Contacts

The Youngsters’s Courtroom

Phrases defined

What issues can the Youngsters’s Courtroom hear?

Legal representation

Hearings on the Youngsters’s Courtroom

Adjournment, sentence deferral and group conferencing

Diversion

Sentencing

Committal proceedings

Legal appeals

Detention and parole

Baby protection

Contacts

Getting assist

Legal representation

Introduction

The Legal Providers Board and Commissioner

Legal professionals: qualifications

Solicitors and barristers: the variations

Hiring a lawyer

Authorized prices

Making a grievance about your lawyer

Contacts

How authorized help might help

What is authorized help?

Victoria Authorized Assist

Group legal centres

Personal legal professionals

Different sources of legal help

Interpreters

Representing yourself in courtroom

Attending courtroom: your choices

Getting ready to characterize yourself

Representing your self in a felony case in the Magistrates’ Courtroom

Representing your self in a civil case

Representing yourself in a family regulation case

Study more about numerous courts and tribunals

Contacts

Authorized providers that may assist

Group legal centres

Victoria Authorized Assist

Personal legal professionals

Group info centres

Other advice providers

Contacts and assets (all)

Listing of instances

Listing of legislation

Glossary

Fines, infringements and felony regulation

Fines and infringements

Upcoming modifications

The infringements system

Your options in case you get an infringement notice

Are the fines still excellent?

Going to courtroom

Dealing with Magistrates’ Courtroom fines

Contacts

Drug offences

Introduction

Victorian regulation

Federal drug offences

Additional-territorial offences

Contacts

Sexual offences

What’s sexual assault?

Consent

Sexual offences

Sexual offences towards youngsters

Sexual offences towards individuals with a cognitive impairment or psychological sickness

Sexual harassment

Reporting a sexual offence

Going to courtroom

Contacts

Sex work

Key laws

What is intercourse work?

Is intercourse work authorized?

Advertising sex work

Felony offences and penalties

Banning notices

Protected intercourse

Security

Contacts

Arrest, search, interrogation and your rights

Know your rights

Arrest

Interrogation

Proof

Arrest and interrogation of youngsters

Reclaiming authorized costs of defence

How bail works

What is bail?

Forms of bail

Circumstances of release on bail

Who can grant bail?

Applying for bail

Grounds for refusal of bail

Bail and the Constitution Act

Obligation of individual bailed

Sureties

Attraction and variation of bail orders

Pending modifications to bail

Which courtroom for which crime?

Legal Process Act

Classification of offences

Going to courtroom

Contacts

Imprisonment and prisoner rights

An introduction to our prison system

Related legislation

Remand and sentenced prisoners

Prisons in Victoria

The prison system

Prisoners’ rights and cures for breaches of rights

Making requests or complaints

Communication, advice and help

Offences in jail

Medical care

Prisoner rights: employment and different points

Help for exiting prisoners

Contacts

Understanding legal data

Introduction to legal data

Understanding your legal document

Working with youngsters checks

What else could be affected by a felony document?

Contacts

Relationships, families and younger individuals

Marriage and divorce

Family Law Act

Household dispute resolution

Divorce

Injunctions

Intervening parties

Property

Appeals

Prices and costs

Contacts

Parental obligations and youngster help

Parental duty for youngsters

Youngster and spousal upkeep

Baby help

Extra info

Similar-sex and de facto couples and families

Introduction to key legislation and recent reforms

Victorian legislation

Commonwealth legislation

Having the identical identify

Having youngsters

Different monetary issues for de facto and same-sex companions

Transgender and transsexual issues

Contacts

Household violence

What is family violence?

An introduction to the regulation’s remedy of family violence

Family violence intervention orders (state regulation)

Household violence issues and the courts

Undertakings in household violence instances

Private security intervention orders for stalking

Injunctions underneath the Family Law Act (federal regulation)

Binding over (state regulation)

Compensation for victims

Help for victims

Basic advice for victims

Contacts

Adoption and the regulation

Introduction

Legislation, laws and rules

Widespread adoption conditions

Putting a toddler for adoption

Consent

Who can undertake?

Family Courtroom orders

Adoption info providers

Victorian adoption businesses

Contacts

Changing your identify

Registering or altering a reputation

Names and marriage

A toddler’s identify

Altering registered parentage particulars

Extra info

Contacts

Young individuals’s rights and duties

Common rights and duties

Sexual relations and sexual abuse

Medical remedy

Giving evidence and legal liability

Civil legal responsibility

Legal legal responsibility

Rights and duties at college

Household regulation

UN Conference on the Rights of the Baby

Contacts

Schooling and the regulation

Introduction

Obligation of care

Bullying and assault

Disciplinary procedures

Discrimination

Copyright points

Family regulation issues

Confidentiality and privateness

More info

Contacts

Managing your money

Dealing with social security

Introduction and key laws

Pensions

Allowances and funds

Bonuses

Compulsory revenue administration

Concession cards

Worldwide agreements

Portability

Compensation and damages payments

Revenue tax

Overpayments

Social safety appeals process

More info

Contacts

Are you in debt?

Introduction

Modifications to credit score reporting and privacy safety

Queries about your credit report

Contact from the creditor to try to make you pay

Statute-barred debts

Your rights and choices

In case you are sued

Defences in case you are sued

Making use of for a rehearing

Enforcement of courtroom orders

Providers that can assist

Understanding bankruptcy

What is chapter?

Who could be made bankrupt?

Who administers the chapter regulation?

What happens to the bankrupt’s property?

What happens to the bankrupt’s revenue?

The impact of chapter on debts

Leaving Australia

Offences

Means of going bankrupt

When does chapter finish?

Different procedures beneath the Act

Contacts

Monetary counselling providers

Nationwide financial counselling providers

State-wide monetary counselling providers

Melbourne financial counselling providers

Country financial counselling providers

Monetary counselling providers for farming communities

Taxation

Introduction

How is your revenue tax liability decided?

Taxpayers’ obligations and your tax file number

Tax returns

Assessment of your tax return

Queries: personal rulings and oral rulings

Penalties, curiosity costs and offences referring to tax returns

Objections, evaluations and appeals

Paying your tax

Fringe advantages tax

Goods and Providers Tax

State duties and taxes

Contacts and assets

Superannuation

Superannuation schemes

Regulation of funds

Superannuation advantages

Superannuation benefit disputes

Reviewing a trustee’s choice

Reviewing an insurer’s choice

Contacts

Understanding credit and finance

Introduction and key laws

National credit score regulation reform

What’s a credit score contract?

Earlier than you enter a credit contract

Disclosure earlier than getting into a contract

What info must be in a credit contract?

Contacts

Mortgages, bank cards and different finance products

Mortgages

Ensures

Various, re-opening and terminating credit contracts

Shopper leases

Payday loans

Credit-related insurance

Tied credit score contracts

Vendor terms contracts

Pawnbrokers

Finance brokers

Contacts

Credit score reporting

What’s a credit score report?

Credit report regulation

Who can add info to a credit report?

What info is on a credit report?

Correcting credit score studies and complaints

Id theft and credit score reporting

Getting a replica of your credit score report

Contacts

Unauthorised transactions and ePayments Code

Unauthorised transactions and credit score disputes

Credit and finance business codes of conduct

Solving disputes with collectors

The place to get help

Contacts

Homes, communities and the street

Tenancy

Laws

Who’s a residential tenant?

Who’s a landlord?

The agent

Starting a tenancy

In the course of the tenancy

Lease

Ending a tenancy

Procedure for ending a tenancy

Recovering bond money

Deserted goods and documents

Compensation claims

Social housing

Hearings, appeals and offences beneath the Residential Tenancies Act

Tenancy and human rights

Contacts

Buying or selling a home

Introduction

Land titles

Conveyancing

Discovering the cash to buy a house

Buying and promoting

Negotiating the contract

Position of conveyancer

Complaints

Vendor and purchaser disputes

Constructing density

Items and Providers Tax

Overseas purchasers

Contacts

Building or renovating a home

Introduction

Preliminary issues

Constructing contracts

Insurance coverage

Finishing works

Ending a contract

Disputes

The place to get help

Neighbours and noise

Resolving problems

Nuisance

Entry onto land

Injuries in your premises

Fences

Drainage of land

Animals

Noise

Contacts

House owners firms

What’s an house owners corporation?

Key legislation

Entitlement and legal responsibility

Perform and powers

Monetary administration

Repairs and maintenance

Insurance coverage

Meetings and selections

Managers of householders firms

Duties and rights of lot house owners and occupiers

Dispute decision

Different house owners corporation issues

Contacts

Group organisations

Introduction

Key phrases

Forms of group organisations

Other issues to think about

Included associations

More info

Contacts

Shopping for a automotive

Laws and key terms

The hidden prices of buying a automotive

Used automobiles: before you buy – who owns the automotive?

Obligations of the vendor and purchaser

Is there a guaranty?

Tips on how to get out of a automotive deal

Further help

Pattern letters

Driving offences

Introduction

Laws

Varieties of licences

Have you ever been charged with a driving offence?

Courtroom powers to cancel or suspend licences and permits

VicRoads’ licence and allow powers

The proper to attraction

Widespread driving offences

Seizure of motor automobiles

Compulsory protected driving packages

Improper use of a motorcar

Diversion program

Easy methods to cope with visitors offences heard within the Magistrates’ Courtroom

More info

Contacts

Street regulation for cyclists and skaters

Laws

Bicycle-specific legal guidelines

Street regulation for skaters

Basic street legal guidelines

Extra info

Shoppers, contracts, the web and copyright

How contract regulation works

What is a contract?

Should contracts be in writing?

Parts of a contract

The phrases of a contract

Breach of contract

Ending a contract

Shopper safety laws

Australian Shopper Law

ACL shopper protection

Unsolicited sales practices

Pricing

Lay-by sales

Other provisions of the ACL

Shopper ensures

Introduction

When do the buyer guarantees apply?

Shopper guarantees: items

Shopper ensures: providers

Cures

Finance agreements

Contacts

Taking motion as a shopper

Introduction

Self-help

Courtroom or tribunal assist

Various dispute resolution schemes

Courtroom cures

Small claims: VCAT’s Civil Claims Record

Shopper Affairs Victoria

Monetary counselling

Licensing and registration

Contacts

The internet and the regulation

Introduction

Related legislation

Copyright issues

Defamation points

Different safety points

e-Commerce: online purchasing

Managing entry to web content

More info

Copyright

What is copyright?

Possession of copyright

Period of copyright

Requirements for copyright to exist

Exclusive rights of copyright holders

Lack of copyright safety

Infringement of copyright

Moral rights and different copyright issues

Contacts

Commerce marks

What’s a trade mark?

Protecting commerce marks

Applying to register a commerce mark

Cancelling a trade mark’s registration

Avoiding infringement of a registered commerce mark

Using trade marks overseas

Extra info

Contacts

Incapacity, psychological sickness and the regulation

Understanding disability and the regulation

What’s “disability”?

Laws and definitions

Varieties of incapacity

Authorities providers

The rights of people that have a disability

Capacity and consent

Contacts

Incapacity: asserting your rights

What is disability advocacy?

The Public Advocate

Where to get help with incapacity advocacy

Contacts

Incapacity and legal justice

Introduction

Police

At courtroom

Fitness to stand trial and the defence of psychological impairment

Custodial and other supervision orders

Sentencing

More info

Contacts

Physical incapacity

Introdruction

What constitutes bodily incapacity?

National Incapacity Insurance Company

Providers

Unbiased access

Limitation durations

Contacts

Psychological illness

Introduction

Psychological well being remedy, capacity and consent

Obligatory psychological well being remedy and obligatory sufferers

Psychological Well being Tribunal

Other essential new rights within the Mental Health Act 2014

Powers of police and other authorised individuals

The Chief Psychiatrist

Mental health service providers and designated psychological well being providers

Victorian Mental Well being Complaints Commissioner

Voluntary patients

Safety sufferers

Forensic patients

Interstate software of psychological well being laws

Confidentiality and privacy

Psychological well being, the Constitution Act and human rights

Where to get assistance

Contacts

Intellectual disability

Introduction, definitions and key laws

Incapacity providers and packages

Providers and rights protections

Negligence and obligation of care

Legal justice system

Extra info

Contacts

Understanding guardianship

Introduction

Appointing a guardian or administrator

Guardians and administrators

Consent to medical remedy

Advance care planning

Contacts

Understanding powers of lawyer

Introduction

Basic (non-enduring) power of lawyer

Enduring power of lawyer (medical)

Enduring energy of lawyer (financial and personal matters)

Supportive attorneys

Further info

Contacts

Health, aged care and wills

Well being and the regulation

Introduction

Info and consent

Entry to medical data

Privacy and confidentiality

Blood transfusions and organ transplants

Submit-mortem examinations

Making a grievance

Contacts

Aged care

Introduction

Residential aged-care program

Dwelling in a residential care service

Residence care

Flexible care

Complaints and dispute resolution

Different supported and unbiased accommodation

Retirement villages

More info

Contacts

Wills

Introduction

The regulation of wills

Formalities of a will

Storage of a will

The parties concerned

Changing a will

An instance of a will

Having a will drawn-up

Contacts

Mannequin will

Estates

Introduction

Probate

Letters of administration

Executors, directors and trustees

Settled estate

Applying for a grant of probate

Legal actions after dying and bancrupt estates

Contesting a will

Intestacy

Small estates

Duties and prices

Contacts

Funerals

Association of a funeral

Burial, cremation and donation of remains

After burial or cremation

Meeting the prices of a funeral

Complaints about funeral providers

Contacts

Accidents, insurance and compensation

Negligence and damage

Negligence, legal responsibility and damages

Key legislation: Wrongs Act

Limitation of Actions Act

Other issues

Transport accident accidents

Transport Accident Fee

Widespread regulation claims

Contacts

Work injuries

Introduction and key legislation

Staff compensation

Different matters

Widespread regulation claims

Search legal advice

Contacts

Insurance

Introduction

Code of Follow

Legislation

Insurance coverage contracts

Brokers and brokers

Obligation of disclosure

Making a declare

Widespread claims problems

Ending an insurance coverage contract

Monetary hardship

Resolution of insurance coverage disputes

Privacy Act

Extra info

Contacts

Motorcar accidents and insurance coverage

Insurance coverage

What to do about damages

Damages, claims and courtroom

Liability and damages

What to do after an accident

Additional assistance

Contacts

Assistance for victims of crime

Summary of authorized options

Legislation overview

Assistance for victims of crime

Victims of Crime Assistance Tribunal

Recovering compensation from the offender

Contacts

Compensation for some authorized costs

The Attraction Prices Board: introduction

Eligibility for reimbursement of authorized costs

Making a claim

More about authorized prices

If your software is rejected

Contact

Rights, activism and truthful remedy at work

Discrimination and human rights

Key laws

Making a grievance

Victorian anti-discrimination regulation

Exceptions to the prohibition of discrimination

Racial and non secular vilification underneath the RRTA

Disputes about discrimination in Victoria

The Charter of Human Rights and Obligations

Commonwealth anti-discrimination regulation

Further human rights protection

Contacts

Defamation and your rights

What is defamation?

Who can sue for defamation?

Who’s answerable for a defamatory publication?

Defences to defamation

Cures for defamation

In case you are threatened with legal motion

More info

Contacts

Environmental regulation

Introduction

Land use planning

Planning schemes

Planning permits

Aboriginal heritage protection

Victorian Civil and Administrative Tribunal

Environmental impression assessment

Defending the surroundings and human well being from pollution

Nature protection legal guidelines

Legal advice

More info

Contacts

Group activism

Introduction

Construction, finances and insurance coverage

Protesting: your rights and the police

Widespread fees associated with protests

Protests and non-police officers

More info

Contacts

Employment contracts, awards and agreements

Introduction

Employment contracts

Nationwide Employment Standards

Awards

Enterprise agreements

Protection on your rights at work

Implementing your entitlements

Termination of employment

Common protections

Bullying at work

Unemployment schemes

Equal alternative

Contacts

Occupational health and safety

Related legislation

Obligations underneath the Occupational Health and Security Act

Implementation procedures

Enforcement

Different office issues

Contacts

Government and the individual

Immigration and refugees

The sources of migration regulation

Entry to Australia: visas

Funds

Changing standing

Entry by migrants

Permanent entry visa: household migration

Expert migrants

Skilled migrants: the points check and other issues

Everlasting entry visa: economic migration

Everlasting entry visa: humanitarian entry

Citizenship

Removing and deportation

Evaluate rights

Other merits assessment bodies

Freedom of data

Migration agents’ registration scheme

Coping with the DIBP

Contacts

Appealing government and administrative selections

Challenging administrative selections

Judicial evaluation

Administrative appeals tribunals

Extra info

Contacts

Taking an issue to an ombudsman

Commonwealth Ombudsman

Victorian Ombudsman

Privateness and your rights

The right to privacy

Privateness protection in Australia: the UNICCPR and common regulation

Commonwealth privateness legislation: Privacy Act 1988

Summary of the Australian Privacy Rules

Privateness and credit reporting

Privacy safety in Australia: different Commonwealth laws and tips

Complaints to the Australian Info Commissioner

Victorian privacy laws: Privacy and Knowledge Protection Act 2014

Victorian Info Commissioner and PDP Deputy Commissioner

Victorian Info Privacy Rules

Complaints to the Victorian Info Commissioner

Different Victorian privacy laws

Other Victorian laws associated to privateness

Privateness laws in different jurisdictions

Contacts

Freedom of data regulation

Commonwealth freedom of data legislation

Commonwealth freedom of data: accessing documents

Commonwealth freedom of data: outcomes of requests and prices

Commonwealth freedom of data: entry by others and complaints

Victorian freedom of data laws

More info

Contacts

Complaints towards Victoria Police

Introduction

Police misconduct

Police Conduct Unit

IBAC

Amassing proof

Deciding whether or not to lodge a grievance

Timing your grievance

The place can complaints be lodged?

The best way to make a grievance

Investigation of complaints

End result of the grievance

Civil proceedings and claims for compensation

Legal costs towards the police

Contacts

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