Young Lawyers English

A GUIDE TO THE LEGAL SYSTEM IN NSW
Second edition, March 2008 This information applies to people who live in, or are affected by, the law as it applies in NSW, Australia. This publication is also available in Chinese, Arabic and Farsi. An electronic copy of this publication in English, Chinese, Arabic and Farsi is available online in the NSW Young Lawyers website (www.lawsociety.com.au/page.asp?partid=6306) The material in the publication is designed as a plain English guide and to provide information only. It is not to be used as a substitute for legal advice. NSW Young Lawyers, the Law Society of NSW and any other person involved in the production of the contents of this publication disclaim any liability for direct, indirect or consequential loss arising in connection with the use of the contents of this publication or reliance on those contents by any person, whether used in the original form or altered in some way by the user. NSW Young Lawyers, the Law Society of NSW and the authors give no warranties nor make any representations in respect of the contents of this production. Any opinions expressed in this publication are those of the authors and do not necessarily reflect the views of the Law and Justice Foundations Board of Governors.
Title: New land new law : a guide to the legal system in NSW / Author, New South Wales Young Lawyers. Edition: 2nd ed. Publisher: Sydney : NSW Young Lawyers, March 2008. ISBN:9780975600245 (pbk.) Subjects Minorities--Services for--New South Wales. Law--New South Wales. Other Authors/Contributors: NSW Young Lawyers. Available online: www.lawsociety.com.au/page.asp?partid=6306 Dewey Number: 349.944
New Land New Law. A Guide to the Legal System in NSW
TABLE OF CONTENTS
Acknowledgements Preface Chapter 1: Lawyers and legal services How to find a lawyer and how lawyers can help you Chapter 2: Government and courts in NSW Court structure and what to do if you need to go to court Chapter 3: Immigration and citizenship Visas and your rights to stay in Australia Chapter 4: Discrimination and harassment Inappropriate behaviour in public places and what you can do about it Chapter 5: Privacy Protecting your private information iv vi 1 5 8 16
Chapter 12: Victims compensation Getting money when you are a victim of violence Chapter 13: Apprehended violence orders What to do when you are afraid someone will be violent Chapter 14: Family law Separation, divorce, children and family violence Chapter 15: Employment problems Understanding your rights at work Chapter 16: Contracts Making agreements Chapter 17: Debt Loans, credit and owing money Chapter 18: Consumer protection Your rights when shopping for goods or services Chapter 19: Financial services Knowing more about your money Chapter 20: Wills Your money and assets after you die Glossary
53 61 67 74 86 89 97 103 105
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Chapter 6: Tenancy 23 Your rights and obligations when you are renting a home Chapter 7: Traffic offences Important road rules and penalties Chapter 8: Police powers Your rights when dealing with police Chapter 9: Criminal law Crimes and punishment of criminals Chapter 10: Torts Going to civil court and getting money for injuries Chapter 11: Civil liability Going to civil court and getting money for injuries in public places, injuries to your relatives and injuries from medical treatment 32 34 40 46 50
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ACKNOWLEDGEMENTS
This publication has been produced with the financial assistance of the Law and Justice Foundation of NSW. We are thankful for their recognition of the value of this project. The Foundation seeks to advance the fairness and equity of the justice system and to improve access to justice, especially for socially and economically disadvantaged people. www.lawfoundation.net.au Several members of New South Wales Young Lawyers have been instrumental in getting this book to publication: Chief Editor Mila Cerecina Senior Editors Louise Jardim Viviane Mouait Seranie Gamble Katherine Bennett Updating Rocelle Ago Mathew Alberto Kamal Boutros Joanne Chaina Lillian Chan Dr Tushar Das Philippe Doyle Gray Henry El Hage Bryony Feltham Hilary Goldman Anusha Gonteilleke Maria Guarnieri Jumana Haddad Nancy Housalas Elaine Johnson Edwina Kwan Andrew Lee
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Reviewing Natalie Ballard Liza Booth Philippe Doyle Gray Leah Georgakis Megan Foster Harmers Workplace Lawyers Rebecca Harper Nan Howard Jonathon Hunyor Proofing/Formatting Trudy Hobart Multimedia Languages and Marketing Organisational Assistance Amy ORourke
Shauna Jarrett Larissa Mepstead Kerry Murphy Kian Safaei Jane Sanders Melanie Shea Michael Walton Sarah Yu
Anthony Levin Sarah Loch-Wilkinson Mary Nagle Brynn OBrien Daniel Petrushenko Tom Porter Tiara Relativo Mousumi Sanyal Eloise Schnierer Ellen Tilbury Alanna Van der Veen Greg Walsh Maria Waltz Angela Warton Ben Webster Michael Whitbread Yu Zhang
Translation Many thanks to Tea Dietterich from Multimedia Languages and Marketing and her team of NAATI accredited translators for their guidance and skill. www.2m.com.au Further thanks to the following members of the Human Rights Committee who assisted with the translation: Pouyan Afshar, Viviane Mouait, Daniel Petrushenko, Kian Safaei, Yu Zhang, Mimi Zou.
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PREFACE
The second edition of New Land, New Law is a project of the NSW Young Lawyers Human Rights Committee and builds upon the first edition that was published in 2003. The committee is a group of young lawyers and law students interested in the area of human rights, who volunteer their time to educate the legal profession and the broader community about these issues and their importance. This handbook has been created to provide new migrants, refugees and visitors with an overview of the law of New South Wales. The handbook is free of charge and is available in English, Farsi, Arabic and Chinese. It is also available on our website at www.younglawyers.com.au. There is free Internet access at public libraries in NSW as well as some community centres. On behalf of the Committee, I sincerely hope that you find this publication a useful resource for finding your way though the legal system in NSW. Louise Jardim Chair, Human Rights Committee NSW Young Lawyers January 2008 Sydney FEEDBACK Do you have any comments or recommendations on how this publication could be improved? Other languages? Topics that should be included? Is it easy to access and easy to understand? We would love to hear from you! Please contact us on (02) 9926 0270 or email at hrc.chair@younglawyers.com.au
LAWYERS AND LEGAL SERVICES

1.1 Things you should know about lawyers
Lawyers have studied law and give you legal advice for your problems or prepare your matter and speak for you in court. Lawyers must keep your case confidential, even if you are not paying them. This means they are not allowed to tell anyone about your case unless you let them. You can find female lawyers and lawyers who speak your language. Lawyers can be called solicitors, barristers, attorneys, advocates or prosecutors. If you want to speak to someone in a language other than English, you can call the Translating and Interpreting Service (TIS) on 131 450. You can ask telephone interpreters to call any service for you, such as Legal Aid or Victims Support. TIS is free and confidential.
1.2 Legal Information Access Centre (LIAC) legal information help at your library
You can visit the Legal Information Access Centre (LIAC) for help with finding legal information: State Library of NSW, Macquarie Street, Sydney Tel: (02) 9273 1558 Email: iac@sl.nsw.gov.au Website: www.liac.sl.nsw.gov.au Ask the staff at the State Library LIAC where you will have access to the Librarys collection of legal resources. All inquiries are confidential no one will be told about your case. You do not have to make an appointment. LIAC staff can also help you to find agencies who offer legal advice and an interpreter if you want one.
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Visit LIACs website at www.liac.sl.nsw.gov.au for information on many topics including immigration, housing, human rights, government and criminal law. You can also visit your local library and ask the staff there about finding legal information.
1.4
Community Legal Centres (CLCs)
Community legal centres can give you free legal advice and information. They may also run legal seminars and programs for people and communities across NSW. If you need legal advice or help and cannot afford to pay for a lawyer, you can call a community legal centre. Interpreters can be available. There are also some special community legal centres that specialise in areas like domestic violence, disability discrimination, consumer credit, immigration advice and HIV/AIDS advice. To find a centre near you or to find a special legal centre contact: National Association of Community Legal Centres Tel: 02 9264 9595 Website: www.naclc.org.au Email: naclc@clc.net.au
1.3 Legal Aid Commission of New South Wales

The Legal Aid Commission of New South Wales is a free legal service paid for by the New South Wales government. For free face-to-face legal advice you can call a Legal Aid Commission office near you. You need to make an appointment to see a lawyer for free legal advice. You do not need to make an appointment for family law advice at the Sydney office. There are rules about whether the Legal Aid Commission can act for you in court. You can make an appointment to find out if the Legal Aid Commission can act for you (see Chapter 2: Government and Courts in NSW). If you need an interpreter, an interpreter will be arranged for free when you make an appointment to see a legal aid lawyer. If you are going to court, your legal aid lawyer can arrange an interpreter. Contact the Head Office for information and to find your nearest Legal Aid centre: Tel: TTY: Website: (02) 9219 5000 (02) 9219 5126 www.legalaid.nsw.gov.au
1.5
Law Access New South Wales
LawAccess NSW is a free government telephone service that provides legal information, advice and referrals for people who have a legal problem in NSW. Tel: TTY: 1300 888 LAW (1300 888 529) 1300 889 529
The LawAccess website is available in a number of languages including: Arabic, Khmer and Somali: www.lawaccess.nsw.gov.au 1.5.1 Law Talks Tel: 1300 888 LAW (1300 888 529) then press 1 for Law Talks. You can ring at any time and listen to taped legal information. There are many topics to choose from including debt, divorce and wills.
Legal Aid Youth Hotline (under 18 years old): Tel: 1800 10 18 10
1.6 Private lawyers

You can pay a private lawyer to act for you. You can call the Law Society of New South Wales to find private lawyers in your local area. The Law Society of New South Wales Tel: 02 9926 0333 Email: lawsociety@lawsocnsw.asn.au Find a lawyer: www.lawsociety.com.au/Search/Query.aspx
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GOVERNMENT AND COURTS IN NSW
2.1
There are three levels of government in Australia:
Government structure
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The Law Handbook 2007
This is an excellent resource that has detailed information about all the areas of like in this handbook plus many more. It is available at:
the Commonwealth Government, also known as the Australian Government; State and Territory governments; and local government.
most Community Legal Centres; most local libraries; and online at www.rlc.org.au
While Australias structure of Government is modeled on the British system, it has some features of the constitution of the United States of America. Each government, at each level, has a parliament which has power to make statutes. Under the Constitution, the Queen is the head of state and is represented in Australia by the Governor-General. At the State and Territory level, a legislature, executive government and judiciary are responsible for matters that are relevant to the States and Territories. About 730 local government bodies operate in Australia at the city, town, municipal and shire level.
2.2
Court structure
You should call all Judges and Magistrates Your Honour in court. In every Court, the Court Officer is the person who calls the name of the case and helps in the courtroom. If you are unsure of where you should be, this is the person to ask. The court structure in New South Wales is divided into levels.
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HIGH COURT
Court of Appeal Court of Criminal Appeal Appeals from most NSW courts
Anything you tell a lawyer is confidential; this means they cannot tell anyone else unless you give them permission. It is possible to have lawyers that speak your language and are the same sex. If you are unhappy with a decision made by a Court you only have 28 days in which to appeal the decision to a higher Court. It is important that you speak to a lawyer or a Chamber Magistrate if you are thinking of appealing a decision.
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SUPREME COURT OF NSW

Serious criminal matters Civil matters
Civil matters worth $60, 001 - $750, 000 Serious traffic offences Serious criminal matters, usually with a jury
DISTRICT COURT
2.4 Civil and Criminal matters

Criminal matters All matters where a person commits something wrong which is a crime, for example, murder, stealing or a traffic offence. The police or the Director of Public Prosecutions runs the case against the accused and the accused can be punished for what they did. Civil matters All matters that are not criminal, so for example tort law, contract law and family law. This involves one person (the plaintiff) suing another person (the defendant) to protect their rights. The plaintiff can ask the Court for compensation or an order to set things right, but the Court does not punish the defendant. Administrative matters are a special type of civil matter where a person sues the government to protect their rights. For example, this might happen in immigration law.
Simple criminal matters (speeding, stealing etc) without a jury Civil matters worth up to $60, 000 Family law issues and apprehended violence orders
LOCAL COURT
2.3 Important points to remember

1. If you have been given any documents from the police or Court then you must attend Court on that day. Most Courts will let lawyers go first. If you do not have a lawyer then you should wait at the back of the Court until your name is called. At most Courts a Chamber Magistrate can give you free advice about civil and criminal matters. Legal Aid has offices at most Courts. You can attend these offices for free legal advice and representation.
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2.5 Court contact details

You can find the contact details and information for every Court in NSW on this website provided by the Attorney Generals Department: www.nsw.gov.au/thankyou.asp?linkid=1801
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IMMIGRATION AND CITIZENSHIP
3.1 Introduction
In Australia, the Department of Immigration and Citizenship (DIAC) looks after immigration and visas. DIAC is your main contact for questions about your visa, and its website has a lot of information - www.immi.gov.au Immigration law in Australia can be very complicated. You should get proper help from a lawyer who is also a registered migration agent or from a registered migration agent about your case. In most situations a person is not allowed to give you immigration help unless they are a registered migration agent. All registered migration agents may be found on the Migration Agents Registration Authority website (see below). If you are not an Australian citizen, you can only be in Australia if you have a visa.
3.2.2 Temporary visas These visas allow you to stay in Australia for only a certain amount of time. These can be a business visa, a student visa, visitor visa or a temporary protection (refugee) visa. You might be able to get Medicare benefits on your temporary visa so you should check with the Medicare office. Sometimes if you want to get a permanent visa, you need to get a temporary visa first. Then later if you satisfy certain criteria, you may be granted a permanent visa. Examples: A temporary protection visa allows you to stay in Australia for 3 years. After 3 years you might be able to get another temporary protection visa or a return pending visa or a permanent residence visa. A spouse or independent partner visa allows you to stay or travel in Australia with your spouse or partner. After 2 years if you can prove that the relationship is real and continuing, you are likely to be given a permanent visa. You might get a permanent visa even sooner if you suffer domestic violence, or if your spouse or partner dies before 2 years are over or if you have separated but have children. A bridging visa allows you to stay in Australia if you are already in Australia and are applying for another visa. It allows you to stay in Australia until your visa application is decided. The bridging visa replaces your old visa so be careful to check the conditions on your bridging visa as it may not allow you to work or obtain Medicare benefits.
3.2 What type of visa do I hold?

Do you have a permanent visa or a temporary visa? This is the first thing to check. If you are not sure, a DIAC officer can answer that question. Usually your visa type will be on the visa label in your passport or in a letter from DIAC. 3.2.1 Permanent visas Permanent residence visas give people the right to many benefits in Australia. Examples of common permanent visas are: family migration (spouses, de facto partners, parents Do you have a permanent visa or a temporary visa? This is the first thing to check. If you are not sure, a DIAC officer can answer that question. Usually your visa type will be on the visa label in your passport or in a letter from DIAC.
3.3 Do I need to report to anyone on my arrival?

No. But here is some important information about living arrangements when you arrive: If you have a temporary visa and you have applied for a permanent visa you must write to DIAC to tell them if you change your address. Sometimes DIAC will write to you so if you dont give them your correct address you will not receive their letters. If DIAC writes to you when it is time to apply for a new visa and you do not answer, then your temporary visa
family migration (spouses, de facto partners, parents, siblings, carers, other relatives); skilled migration (business skills/professionals and other skilled workers/distinguished talent visas); and permanent protection visas.
might expire or be cancelled. If that happens you will not have a right to stay in Australia. This means the government can detain you or remove you from Australia. You may also have trouble getting a visa in future. If you arrive in Australia on a humanitarian visa, you should contact the On Arrival Accommodation Program or Community Refugee Settlement Scheme to get accommodation and other help. DIAC can provide you with further information on these programs. If you have a permanent residence visa, you can get Medicare and some social security help (most social security payments, including unemployment benefits, will not be available for two years but there are some exceptions). You should apply for a Medicare card for yourself and your family at any Medicare office. You can also visit a Centrelink office for information about what social security help you can get.
If you stand at the counter of a friends shop as a favour while your friend steps out for five minutes, it could count as work. So you should be careful if you are not allowed to work on your visa. Also you have to be careful if you are only allowed to work for a certain number of hours. If you are at work for 10 hours, but you spend 6 hours waiting for work and only really do work for 4 hours, then it will probably still count as 10 hours work. DIAC sometimes checks to make sure you are not working more than you are allowed on your temporary visa. People and organisations can call DIAC to tell them that you are working more than you are allowed. If DIAC finds out that you are working more than you are allowed to then they can cancel your visa and it can be an automatic crime. It is very important to understand the rules of your visa. If you do not understand the rules on your visa, speak to a registered migration agent. 3.4.2 Time limits Temporary visas run out after a certain amount of time or when something happens. It is very important that you know how long you can stay in Australia on your temporary visa. If you stay longer then you become an unlawful non-citizen so it means you can be detained and removed from Australia. You should keep a calendar or diary that you check regularly and write in it the important dates for your visa. Give yourself enough time to be prepared for when your visa runs out. This might mean booking a plane ticket to your home country or applying for a new visa. With most types of permanent visas, you can go overseas on holiday or business and then come back to Australia. This is like a second visa, called Resident Return Visa. On many permanent visas you have to renew this Resident Return Visa every 5 years. So before you go overseas, make sure your Resident Return Visa is not about to run out. If you leave Australia and your Resident Return Visa has run out you cannot come back until you get a new one. This is very difficult and takes a long time.
3.4 Understanding the rules of your visa

3.4.1 Visa conditions Temporary visas often have strict rules. The rules might be: you cannot work; or you can only work for 20 hours; or you cannot study; or you cannot change your address without first letting DIAC know. It is very important to understand what work means in the visa rules. It means any activity that a person would usually get paid for in Australia. If you do any work that a person usually gets money for then even if you do not get any money for it, that will count as work. Example: If you mop the floor of your friends restaurant as a free favour, that counts as work.
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If you do not understand the time limits on your visa, go to a local DIAC office where they can explain it, or seek the advice of a registered migration agent.
3.5 Your visa can be cancelled

All visas, even permanent visas, can be cancelled on certain grounds. If your visa is cancelled and you are in Australia then you will become an unlawful non-citizen and you can be detained or removed from Australia. So you should try to get Australian citizenship as soon as you can, because citizenship is much harder to cancel. Your visa may be cancelled by DIAC if: you do not obey any of your visa rules ( conditions); or you have done something wrong such as a crime; or you got the visa using false information or false documents; or you did not tell DIAC if your situation changed (such as your work or family or address) while DIAC was deciding your visa application; or you are a danger to Australias security, then your visa may be cancelled.
If DIAC cancelled your visa and there is an error of law in the decision then even if you are not in Australia, you can ask the Federal Court to review your decision. If the MRT or the RRT made an error of law in reviewing the decision, then even if you are not in Australia, you can ask the Federal Court to review your decision. You should speak to a lawyer or a registered migration agent to figure out if you can or should have your decision reviewed, and where.
3.7 Immigration detention

If you are in Australia and DIAC knows or suspects that you do not have a visa or your visa has been cancelled or has run out then DIAC must detain you. DIAC can detain you as soon as they cancel your visa. Once you are in detention you can be removed from Australia at any time. If you have asked the RRT or the MRT or the Federal court to review DIACs decision to cancel your visa then you may stay in detention at least until the review is finished. DIAC can detain you even if they only suspect (rather than know) that you do not have a visa or are not a citizen of Australia. There has to be a good reason for them to suspect this. However, it could happen that you are detained by mistake. You will be released when the mistake is found out and you prove that you have a valid visa. If you have been detained by mistake you should speak to a lawyer. It costs money for DIAC to detain you. You are supposed to pay this money even if you are removed from Australia. Anything you dont pay is a debt to the government. You have to pay off the debt before you can get another visa. While you are detained, DIAC must do what is reasonable to make sure you are not hurt. If DIAC does not do this then you should speak to a lawyer about a civil liability claim (see Chapter 11: Civil Liability). You should keep a diary of what happens to you every day in detention. The way to be released from immigration detention is to ask the Review Tribunal or the Federal Court or the Minister of DIAC to review the decision to put you in detention. Except in a few cases, you should be able to get a
Depending on your visa there are other reasons that your visa may be cancelled. You should check this with DIAC.
3.6 What if I dont agree with the decision to refuse the visa application or to cancel my visa?
If you are in Australia then you can ask a tribunal (such as the Migration Review Tribunal, the Administrative Appeals Tribunal or the Refugee Review Tribunal) to make the decision. The Tribunal you go to depends on your case and you should get advice before lodging any review application. You have to do this within a set period of time and mostly these times cannot be extended in any circumstances. While the Migration Review Tribunal (MRT) or the Refugee Review Tribunal (RRT) is reviewing your decision you can usually get a bridging visa to stay in Australia. If you are not in Australia and you have an Australian sponsor, they may have a right of lodging a merits review application.
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bridging visa while your decision is being reviewed. Before you can get a bridging visa, DIAC must be satisfied that you will obey the rules of the visa. Usually this will mean you have to pay a large security bond (money) which DIAC can keep if you do not obey the rules of your visa. If you do obey the rules then you will get the money back. If in the past you did not obey your visa rules then DIAC might decide it will not give you a bridging visa even if you can pay a bond.
3.9
Citizenship information
You can become an Australian citizen in many ways, including if you have been in Australia for 4 years and on a permanent residence visa for at least one year. For more information: Department of Immigration and Citizenship (DIAC) Citizen Information Line Tel: 131 880 Website: www.citizenship.gov.au
3.8 Refugee or protection visas

If you arrive in Australia on any valid visa and then want to apply for a protection visa, you must apply within 45 days after arriving so that you will be allowed to work while your application is decided. If you apply for the permanent protection visa later than 45 days after you arrive, you will not be allowed to work. If you do get a permanent protection visa you will be allowed to stay in Australia permanently. The application forms are not available on the DIAC website. You have to go to a DIAC office to collect them or you can talk to a registered migration agent. Alternatively you can contact the Refugee Advice and Case Work Services (RACS) for further information. You should speak to a registered migration agent about a protection visa, because it is very important that you give the correct details and evidence to DIAC as early as possible. DIAC might doubt the need for you have a permanent protection visa if you do not give them enough details or if you take too long to apply for the protection visa. If you arrived in Australia without a visa (on a boat for example) or on a false document, then if successful, you can only be granted a temporary protection visa. If you do get that visa you can only stay in Australia for 3 years. After 30 months, you have a right to have any new protection visa application considered. Whether you can apply for another type of visa depends on a number of circumstances so you should get advice on this matter. Otherwise you must leave Australia. If you want to apply for a protection visa you should say so as soon as possible when you are speaking to an Australian government official. They can give you the application forms. You can also speak to a registered migration agent.
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3.10 Other Useful Contact Details

Immigration Advice and Rights Centre (IARC) Tel: 9279 4300 Advice line: 9262 3833 (Tuesday and Thursday 2-4pm) Website: www.iarc.asn.au Refugee Advice and Casework Service (RACS) Tel: 9211 4001 Website: www.racs.org.au Migration Agents Registration Authority (MARA) You can use the MARA Register of Agents on their website to check if the agent you are using is registered and operating legally. You can also find a registered migration agent near you. Tel: 9299 5446 Website: www.themara.com.au Migration Review Tribunal Tel: 1300 361 969 Website: www.mrt.gov.au Refugee Review Tribunal Tel: 9276 5000 Website: www.rrt.gov.au
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DISCRIMINATION AND HARRASSMENT
There are Commonwealth and State laws that prohibit discrimination and harassment.
Discrimination can happen in two main ways: Direct discrimination is when someone treats you worse than others because of a personal characteristic such as your sex, ethnic origin, age etc. Example: A real estate agent does not allow you to rent a house or apartment and tells you that it is because he does not trust people of your race. Indirect discrimination is when a condition, requirement or practice that applies to everyone is actually unfair to people of a particular group. This will be unlawful when the condition, requirement or practice is not reasonable. Example: A public building that can only be entered by climbing steps stops people in wheelchairs or who have limited mobility from entering the building. This may be indirect discrimination if it is not reasonable to only have stairs, for example because a ramp could be installed.
4.1
Discrimination
Discrimination happens when a person or group is treated unfairly: because of a particular characteristic; or in a particular area of public life. The characteristics that are covered by Australian discrimination laws include: sex, marital status, pregnancy; sexual preference, transexuality or transgender status; race, colour, descent, nationality, national origin, ethnicity or religion; disability or impairment; age; trade union membership or union or industrial activity; or responsibilities as a carer. It is unlawful to discriminate against you on the basis of these characteristics in areas of public life such as: work; school, TAFE or university; at a shop; in accommodation; or in registered clubs. If you are treated unfairly and believe that you may have been discriminated against, you can complain to special State and Federal agencies.
To get more information, contact one of the organisations listed in this chapter. 4.1.1 Disability discrimination Disability discrimination is when you are treated less fairly than people without a disability because: you have a disability currently; you had a disability in the past ; you will have a disability in the future; and/or someone thinks you have a disability.
The types of disabilities that are covered by the law are: physical or intellectual disabilities; learning disabilities; or having a disease such as HIV/AIDS.
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Disability discrimination also happens when you are treated less fairly because you are a relative, friend, carer or co-worker of a person with a disability. It is also unlawful to discriminate against a person because they are accompanied by an assistance animal that is trained to help them with their disability. Example: If a taxi driver does not let a blind person into their taxi because they have a guide dog. 4.1.2 Sexual harassment Sexual harassment is also against the law in a range of areas of public life such as at work. Sexual harassment is when: there is unwelcome sexual behaviour; and it is reasonable for you to be offended, humiliated or intimidated by that behaviour. Unwelcome sexual behaviour may include: pressure or demands for dates or sexual acts; unwanted physical contact; sexual jokes or innuendo; offensive telephone calls; offensive sexual gestures; and/or unwelcome comments or questions about sex. Example: In a workplace, it is harassment if your boss or co-worker makes comments about your body and tells you that you should wear tighter clothing. 4.1.3 Vilification Vilification is when a person does something in public to: encourage others to hate people belonging to a particular group; humiliate people because they belong to a particular group; or threaten or intimidate people because they belong to a particular group.
These acts may be against the law when they are done towards people who: are homosexual or transgender; have HIV/AIDS; or are of a certain race.
Example: If a person hands out flyers or makes a speech saying that people of a certain race are less intelligent and should not be allowed in Australia, that may be racial vilification. There are exemptions to racial vilification laws that apply in some cases to allow for freedom of speech, provided that the act is done reasonably and in good faith. 4.1.4 Victimisation have complained or are going to complain about discrimination; have helped someone complain about discrimination; or provided some information or evidence about a complaint of discrimination.
Victimisation is when someone treats you badly because you:
Example: You support your co-worker when she complains to your boss that she is being sexually harassed and because of this you are fired.
4.2
What you can do
If you are being discriminated against or vilified, you should not ignore it. There are different ways of handling the problem. For example, if the discrimination or harassment is happening at work, you can ask the person to stop. Check to see if your employer has a system to deal with harassment. If they do, there should be someone who can help you deal with these issues. If not, perhaps you can talk to your supervisor and ask for their help in telling the person harassing you that their behaviour is not right. (See Chapter 15: Employment problems.)
If someone at work is harassing you, there may be someone senior in your workplace who can help. If you are a member of a union, you can contact the union and tell them what has happened to you. Also you can contact special organisations depending on where you work, for example if you are a teacher you can complain to the Department of Education, if you work in a hotel you can contact the Australian Hotels Association. If you are afraid for your safety, you should contact the police. 4.2.1 Making a legal complaint If you want to make a legal complaint you should speak to a lawyer so they can help you. You may be able to get free legal advice from Legal Aid or a Community Legal Centre. (See Chapter 1: Lawyers and legal services.) There are time limits for bringing legal action (usually 12 months for discrimination complaints). If your time has run out you might still be able to complain if you have a good reason for why it is late. You must lodge your complaint with either the Anti-Discrimination Board of New South Wales (ADB) or the Human Rights and Equal Opportunity Commission (HREOC) - see details below. Those organisations can provide information to help you with a discrimination problem. You cannot complain to both the ADB and HREOC about the same matter. You should contact them to discuss which one is best to deal with your problem, or discuss this with a lawyer. The ADB and HREOC will investigate your complaint and try to resolve it by conciliation. If your case cannot be resolved by conciliation, you can take your case to court.
Here are the contact details: Anti-Discrimination Board of New South Wales (ADB) Tel: (02) 9268 5555 or 1800 670 812 TTY: (02) 9268 5522 Website: www.lawlink.nsw.gov.au/adb Human Rights and Equal Opportunity Commission (HREOC) Tel: 1300 656 419 or (02) 9284 9600 TTY: 1800 620 241 Email: complaintsinfo@humanrights.gov.au Website: www.humanrights.gov.au Some further excellent online information may be found here: Legal Aid Discrimination Toolkit www.legalaid.nsw.gov.au/data/portal/00000005/ public/41648001175059224281.pdf NSW Disability Discrimination Legal Centre Website: www.ddlcnsw.org.au
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5
PRIVACY
Government agencies and private organisations have to protect your privacy when they deal with your personal information. The types of organisations that may have personal information about you include banks, health service providers and other businesses. These organisations must tell you: why they want to collect your personal information; how they are going to use it; who they are going to give it to; and how you can get access to the information they hold about you and how to correct it if you think it is wrong.
6
TENANCY
6.1 Introduction
There are many different types of housing that you can live in as a tenant. A tenant is a person who pays to live in a property owned by another person, called a landlord. The most important thing is to choose housing that you can afford. You may chose to rent a house or an apartment for you and your family to live in. You may decide to live with a group of people who share the costs of rent. You may need to apply for public housing. Public housing is provided by the State and is not very expensive. This involves getting your name on a list. It usually takes a long time to get public housing. Whatever type of accommodation you choose, unless you buy a house or apartment, you have certain rights as a tenant and responsibilities to your landlord. The Renting Guide is a very useful booklet written by the Department of Fair Trading. This Guide will be given to you when you rent a place to live. The Renting Guide is written in several languages. You can call the Department of Fair Trading for more information. The details are: Department of Fair Trading Tel: (02) 9895 0111 Website: www.fairtrading.nsw.gov.au
They must also protect your personal information by keeping it secure. It is against the law for a government agency or an organisation to collect your personal information in a way that is unlawful. It is against the law to lie to you or trick you to give your personal information. If you think that an ACT or Federal government agency or an organisation has not respected your right to privacy you should contact the Office of the Privacy Commissioner: Tel: 1300 363 992 TTY: 1800 620 241 Email: privacy@privacy.gov.au Website: www.privacy.gov.au If you think that a NSW government agency or organisation that handles your health information has not respected your privacy, you should contact Privacy NSW: Tel: Email: Website:
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6.2 Finding accommodation

Houses and apartments to rent are advertised in most newspapers in the To Let section. Notices for places to rent can also be found at some community centres, TAFE and university campuses, and on notice boards at the front of real estate agent offices. You can also look on the internet. You should arrange to see the property before you agree to rent it.
(02) 9268 5588 privacy_nsw@agd.nsw.gov.au www.lawlink.nsw.gov.au/privacynsw

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There may be set times when you can view the property, or sometimes you can talk to the real estate agent or landlord and try to arrange another inspection time. If you are applying to move into a share house, you will probably need to arrange an interview to meet the other people living in the house.
if you want to leave the property before the rental term is finished? Do you have to clean the carpets, can you have extra persons living in the property? The special conditions are usually on a separate page attached to the back of the agreement. 6.4.3 Bond A bond is a security deposit in case you stop paying rent, leave the premises early or damage the property. What bond do you have to pay? If the premises are not furnished, the maximum you can be asked to pay is 4 weeks rent. If the premises are furnished there is no limit to how much bond you have to pay. However, if the rent is less than $250 per week, the bond can be no more than 6 weeks rent. The landlord must give the rental bond money to the Rental Bond Board, a government organisation. It is an offence for the landlord or agent not to do this. You will be sent a receipt and reference number by the Bond Board which you should keep so that you can get your bond back. There are rules on when and how much a landlord can claim. Contact the Department of Fair Trading. 6.4.4 Rent in advance Real estate agents normally make you pay rent in advance. If your rent is less than $300 each week you may have to pay up to 2 weeks rent in advance. If your rent is over $300 per week you may have to pay up to 4 weeks rent in advance. 6.4.5 Paying rent Make sure you check how often you have to pay rent. Is it every week, every fortnight or once a month? Also check how you have to pay rent. Many landlords and real estate agents want you to pay directly into a bank account, over the phone or at a post office. Make sure you understand how this works and that you are able to pay this way. For example if you have to pay at the post office, can you get to a post office during the day? Make sure you get a receipt for all the money you pay to the landlord or real estate agent. Keep your receipts as they may help you if there is an argument about how much rent you have paid.
6.3
Applying for a tenancy
If you find a property that you want to rent through a real estate agent you will have to complete an application form. You may have to provide the following details on the form: personal details such as age and previous address; details about how much you earn; and/or references from people you know or from previous landlords; and rental history. Once you have completed the application it may take a week before the landlord decides whether you are able to rent the property. The real estate agent or landlord is not allowed to discriminate against you because of things such as your race, gender, age or even unemployment. See Chapter 4 for more information about what you can do if you think you are being discriminated against by a real estate agent.
6.4
Signing the tenancy agreement
You and the landlord must sign a Residential Tenancy Agreement. This is a legal contract. It is very important that you understand the terms of the agreement before you sign it. In particular you should check the following: 6.4.1 The length of the agreement You should check how long the lease goes for. Will you be renting for 6 months, 12 months or longer? The amount of rent you pay cannot be changed during this term. 6.4.2 Special conditions Check if there are any special conditions attached to the agreement, for example are you allowed to have pets or do you have to pay for advertising
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6.5
Guarantor
A guarantor is a person, usually a family member or a friend, who agrees to pay debts that you cannot pay. It is now illegal for a real estate agent or a landlord to ask you to provide a guarantor, for example to meet rental payments if you cannot pay. It is also illegal for the real estate agent or landlord to ask for money to give you the keys for the property, unless it is agreed that the money will be given back to you when you hand the keys back at the end of the tenancy.
If your landlord has broken the agreement then you have a right to apply to the Residential Tenancies Tribunal. It is important that you do not stop paying your rent. You can also get information and advice on your rights as a tenant from the Tenants Union. The details are: Tenants Union of NSW Tel: (02) 9251 6590 (free information service) Website: www.tenants.org.au. This website has fact sheets about renting, some of which have been translated.
6.6
Condition report
Once you move into the new property your real estate agent or landlord must give you a condition report to fill out. You should fill out the condition report very carefully. It is a record of how the property looked when you moved in. The report is for your protection. If there is something wrong with the property when you move in and you write it on the condition report you will not have to pay for it when you leave because it will be clear that it was damaged before you got there. You should write on the report if anything does not work. You should also write down if there are marks on the walls or carpets. You need to return the condition report to your real estate agent or landlord within 7 days. The agent or landlord should also complete the condition report to show that you have agreed on the condition of the premises. You should be given a copy of the final report and you should keep this.
6.8
Your responsibilities as a tenant
Your responsibilities to your landlord are also set out in The Renting Guide. You have to: pay rent on time; look after the property and not damage it; make any additions to the property; not interfere with the peace or privacy of your neighbours; leave the premises in the same condition as when you moved in and obey any other special conditions that were attached to your lease agreement.
6.7
Your rights as a tenant
6.9
Ending your tenancy
Your rights as a tenant are set out in The Renting Guide. Some of your rights include: you must be given rent receipts; the property must be clean when you move in; you have exclusive use of the property, this means your landlord or real estate agent need to warn you before entering the property. There are limits on how many times a landlord may ask to enter the property; and your landlord must fix the property when needed.
If your lease lasts for a fixed time, such as 12 months, then either you can tell your landlord that you want to end the lease and your landlord can do the same. If this is done then the agreement will end 14 days late. When the fixed time of your tenancy is over, your landlord may want you to sign another lease. If you do not, or are not asked to sign another lease, then the lease continues. If you want to end the lease you have to let the landlod know at least 21 days before. If your landlord asks you to leave after the fixed term has ended, then they have to let you know at least 60 days in advance.
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If the landlord wants to sell the property, after the lease has ended, they only need to give you 30 days notice. If the landlord decides to sell the property before the lease ends, he or she cannot ask you to move. 6.9.1 Getting your bond back At the end of your tenancy the landlord will inspect the property. It is a good idea to clean the property very well before this inspection. The landlord cannot take money from you for general wear and tear, which is the type of damage, which would be expected from living in the property. If they believe there is any damage caused by you then they may claim some of the bond to fix it. If you disagree with your landlord about how much bond they can keep, you should contact the Department of Fair Trading. If your landlord does not want to keep any of your bond, you need to get your landlord to sign the bond claim form (they will give this to you). You should give the form to the Rental Bond Board to have your bond refunded. You can fill in the form and send it to the Rental Bond Board without getting the agent or landlord to sign first. You can send the form in any time after you have given notice that you want to leave. If the landlord does not make a claim on the bond within 14 days from the date which you sent the claim form in you will get a full refund of your bond. Rental Bond Board Tel: (02) 9377 9000 or 1800 422 021
It can be expensive to break a lease agreement before the end of the fixed term. You may have to pay the following costs: rent until new tenants move in or until the end of your lease; an agents fee; and/or advertising costs.
6.12 Consumer, Trader and Tenancy Tribunal

Any tenant or landlord can apply to the tribunal to make a decision on certain matters. The tribunal has the power to look at a wide range of problems such as: terminations and evictions; arguments about bond money; payment of compensation for economic and non economic loss; if the landlord does not meet their obligations, for example, not providing good security or fixing the property when needed; rent increases; goods left on premises.
6.10 Termination for a breach of the lease agreement

If the landlord thinks you have broken a term of your lease agreement they can give you a notice of termination at any time. If this happens you will only get 14 days notice before you have to move out. This could happen if you do not pay your rent for more than two weeks, if you seriously damage the property, or do something illegal on the property.
Tribunal orders are like court orders. If the Tribunal orders the landlord to pay you money and they do not, you can go to the local court to make the landlord pay you. If the Tribunal orders you to pay money and you do not pay, you may get a $5,000 fine, 12 months prison or both. You can also be fined if the Tribunal thinks you have brought a claim only to annoy your landlord or if the problem is not serious.
6.13 Types of housing

6.13.1 Share housing If you move into share housing you need to understand exactly how much money you have to pay. Make sure you know:
6.11 If you want to end your lease agreement early

If you want to end your agreement early, you should write to your landlord or real estate agent and tell them when you want to leave.
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the amount of the weekly rent; the amount you have to pay as a bond; if you have to pay rent in advance; if you have to pay extra money for telephone, electricity and water bills; and if you have to pay extra money for things like food or cleaning products.
by the Residential Tenancy Act, but the community housing association may have special rules about how much rent you pay or how the tenancy can be ended. For more information about community housing you can contact the NSW Federation of Housing Associations: Tel: (02) 9281-7144 Website: www.communityhousing.org.au/nswfha/ 6.13.4 Charity groups There are also various charity groups who offer temporary accommodation to people who are and/or are in danger of being homeless, such as the Salvation Army, Mission Australia, Wesley Mission and St Vincent de Paul Society. 6.13.5 Buying or building you own home If you plan to buy or build your own home, you should get advice from a bank about what you can afford, a lawyer about the building contract or contract for sale and an accountant about paying tax.
If you are asked to sign a Residential Tenancy Agreement in a share house it means you are a co-tenant and must have the responsibilities of a tenant explained above. If you are not asked to sign a lease you are a sub-tenant. You still have the same rights as other tenants if you are a sub-tenant. 6.13.2 Public housing Public housing is owned by the government and is rented to people on low incomes. You need to be an Australian citizen or approved person to apply for public housing. To apply you should fill out an Application for Housing Assistance available at your local Department of Housing office. You may have to wait several years before a house is available for you. If you need accommodation urgently, you can complete an Immediate Housing Assistance form. To find the closest Department of Housing office, or for more information, contact the Department of Housing: Tel: Website: 131 571 (available 24 hours, 7 days a week) www.housing.nsw.gov.au
6.14 Tenancy Advice Services

Tenants Union of NSW Tel: (02) 9251 6590 or 1800 251 101 Website: www.tenants.org.au
6.13.3 Community housing Community houses are provided for people on low incomes who need secure housing. There are around 50 community housing associations in New South Wales. If you live in community housing you are still covered
The Union may help you if you are having problems with a house that you are renting. You may be having problems with the quality or repair of the house, or if you are having problems with your landlord being unfair or acting illegally. You can use their website to find a Tenancy Advice Service in your local area.
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7
TRAFFIC OFFENCES
7.1 Serious offences
The Local Court or District Court deals with serious offences. Serious offences include: causing death or serious injury due to dangerous driving; driving dangerously or too fast; driving while with more than the allowed amount of alcohol in your system; driving while affected by other drugs.
7.4 Helpful contacts

Roads and Traffic Authority (RTA) Tel: 131 782 TTY: Website: 1800 331 412 www.rta.nsw.gov.au
NRMA Member Legal Service Tel: 1800 427 426 or 8741 6280 Website: www.mynrma.com.au
7.2 Less serious offences

The Local Court deals with less serious traffic offences like breaches of road rules or traffic regulations or parking rules. You can: be charged with an offence. This means you receive a Court Attendance Notice. (See Chapter 9: Criminal law for information about Local Court procedure.) receive an infringement notice. You can pay the fine or dispute it in a Local Court.
7.3 Driving licenses

You must always drive with a valid drivers license. The penalty, or part of the penalty, for many driving offences is to automatically lose points from your license. Be aware that at special holiday periods you can lose double the points for any offence. You can visit the Roads and Traffic Authority website to see how many points you can lose for what type of offences. You can get your license suspended or cancelled if you lose enough points. You must not drive if your license is suspended or cancelled or you might have more penalties imposed on you.
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8
POLICE POWERS
8.1 Introduction
Police in Australia have a wide range of powers, including powers to stop, search, question and arrest people. This chapter will give you information about the most common police powers in New South Wales only. Most police powers are not arbitrary and must be based on reasonable suspicion. This means that the police must honestly hold a belief at the time that you have done something wrong, this is different in each case but has been defined by the courts as more than a suspicion. For more free information and advice you should contact these services: Legal Aid Hotline for Under-18s Legal Aid Commission Community Legal Centres Law Access
It is a good idea to be polite and helpful with police at all times. However, you should not answer police questions or sign statements until you get legal advice.
8.3
Search without arrest
If police suspect on reasonable grounds that you are carrying an illegal drug, stolen property, a knife or dangerous implement, or something you are about to use to commit an offence, then the police can search you without arresting you. The police can also search you if you agree, if you have been arrested or are in police custody.
8.4
Sniffer dogs
Police are allowed to use sniffer dogs to detect illegal drugs. Police can use sniffer dogs in places such as on public transport, at or outside clubs, a concert or a dance party and sometimes in other places. When using sniffer dogs the police must keep the dog or dogs under control and try to stop them from touching you. If a sniffer dog detects a scent of illegal drugs on you the police will then have the power to search you for those drugs.
8.5 Searches of your home

Usually the police cannot enter and search your home unless you agree; however, there are some situations where the police will be able to enter your home without your consent. These are: if they believe that a person has been or is likely to be injured; where they are going to arrest someone who they have a good reason to believe is in your home; to arrest a person who has escaped from the police or from prison; to stop or prevent a crime or breach of the peace or public disturbance; or to carry out a search warrant.
8.2
Questioning by police
If you are questioned by police you have the right to stay silent and you do not have to answer any questions. If you choose to answer police questions anything you say can be taped and/or written down and can be used against you in Court. The police must arrange an interpreter in your own language if you ask for one. Police have powers to ask you to identify yourself in some cases, such as if you are at a scene of a crime and police believe you may have information that may help them, or if you are under 18 and are suspected of having alcohol on you. It is usually a good idea to give the police your name and address or show them identification. If you are under 18, there must be a responsible adult with you whilst the police question you otherwise anything you say may not be able to be used against you in court.
8.6 Search after arrest

The police will almost always search you and your property if you have been arrested. The police may also take from you anything found in the search.
In some limited circumstances the police may give you a strip search, where they ask you to remove parts of your clothes. The police must first tell you why it is being done and take you to a private place. The police must not do a search of your body by touch or search any body cavities. This type of search must be done by a police officer or other person who is the same sex as you.
8.9 What will happen if you are arrested by the police

Once you have been arrested you will be usually taken to a police station. At the station the police must read to you your rights called a Part 9. You do not have to say anything to police or answer their questions. You have the right to contact a lawyer, an interpreter if you need one and/ or a relative/friend. If you are not an Australian citizen or a permanent Australian resident you have the right to contact a consular official from your country. The person you contact can be with you at the police station. The police can normally keep you in custody for up to 4 hours without charging you while they investigate a crime. If they need more time they can ask a Magistrate for permission to hold you for another 8 hours, you or your lawyer will have the chance to speak to the magistrate. It is important to know that not all time spent at the police station is counted in this time, for example, time spent taking you to the police station, seeing a doctor, waiting for lawyers, friends, interpreters and so on is not counted in this time. This means that you may be held for longer than the 12 hours before you are released on bail or taken to court. The police must record all times not counted. If you are charged this means the police have made a legal complaint against you and you will need to appear in court. In most cases you will be released on bail from the police station with paperwork to attend court at a later date. In some cases the police will place conditions on you to ensure that you attend court, do not commit further offences and that any victims are protected. These conditions can include prohibitions from attending certain areas, contacting certain people and reporting to the local police station. If you are under arrest you should seek legal assistance. If you do not have a lawyer, ask the police to contact the Legal Aid Commission. It is important that you speak to a lawyer before you speak to the police. If you are under 18 years of age, you should ask the police to contact the Legal Aid Youth Hotline.
8.7 Stop and search a vehicle

The police have powers to stop and search a car when they have a good reason to think that: there is something in the car that is stolen; the car was used to commit an offence; there is something in the car that was or will be used to commit an offence; there is something dangerous in the car and the car is in a public place; or there is a prohibited plant or drug in the car. Police also have the power to take anything found inside the car that may be evidence of a crime.
8.8 Arrest
The police have the power to arrest you if they believe that you have committed an offence and they have no other options available such as giving you a fine or a warning. The police are not allowed to arrest you simply to question you, they must intend to start criminal proceedings against you. Being under arrest means that you are in police custody and you are not free to leave if you wanted to. The police must identify themselves; tell you that you are under arrest and why you are being arrested. If you are not sure then you then you should ask the police. You do not have to go anywhere with police unless you are under arrest. If the police are acting within their power it is against the law to try and stop them from arresting you or someone else, even if you think no crime has been committed.
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8.10 The move on power

Sometimes if you are in a public place like a street, railway station, childcare centre or shop, the police can give you directions to leave the area, stand aside or be quiet. They can only do this if they have reasonable grounds to believe that you are: harassing, intimidating or scaring another person; stopping people or cars from moving; or trying to buy or sell drugs. Any police direction must be reasonable in all the circumstances. Before a police officer can give you a direction they must show you their police identification (unless they are in uniform), tell you their name, station and the reason they are asking you to move on. If you do not obey the direction, the police must warn you that if you do not do as they direct, you may be committing an offence and may given a punishment, such as a fine. You have the right to ask the police why they are giving you a direction to move on. If the police have given you a lawful, reasonable direction and you disobey it, you are committing an offence.
quarantine you if you might have been exposed to dangerous chemicals; and remove you and your car from a dangerous area.
When using any of these powers, the police officer must show you evidence that they are a police officer (unless they are in uniform) and tell you their name and station. The officer also must tell you the reason they are exercising the power. It is an offence to try and stop the police from exercising any of these powers. If you do not co-operate, they can arrest you and/or use necessary force to do what they need to do.
8.13 Complaints against police

If you want to make a complaint about a police officer, you should make a record of all relevant information as quickly as possible, this can include photos of injuries, names of witnesses, including officers and description of events leading up to the problem. To make a complaint, you can contact the following: Your lawyer Legal Aid Youth Hotline Community Legal Centres The NSW Ombudsman Tel: (02) 9286 1000 or 1800 451 524 TTY: 9264 8050 Website: www.ombo.nsw.gov.au The NSW Police Force Tel: 131 444 or 1800 622 571 TTY: 9211 3776 Website: www.police.nsw.gov.au The Police Integrity Commission Tel: (02) 9321 6700 or 1800 657 079 Website: www.pic.nsw.gov.au
8.11 DNA, photographs and finger prints or palm prints

Sometimes the police will ask you for a sample of your blood, saliva or hair. You should speak to a lawyer before you agree to this. Sometimes the police can obtain these things without your consent. If you have been arrested, the police can also do some things to identify you. They can take your fingerprint, palm-prints and your photograph without your consent. If you are under 14 they need a court order to do this. If you do not co-operate with the police they can use as much force as is necessary.
8.12 Special police powers
The police have special powers to deal with terrorism. In some cases the police can demand that you give them your name and address and provide identification documents; search you, your car, or your home without a warrant; keep anything they have a good reason to think might be used to commit a terrorist act, or might provide evidence of a serious offence;
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9
CRIMINAL LAW
9.1 Courts
The Local Court has the power to hear all small offences; this includes traffic matters and offences like assault and stealing. The maximum penalty the Local Court can give you is two years in prison for one offence and up to five years for more than one. The court can only give you a fine up to $10,000. More serious cases such as robberies will be heard in the District Court. Even more serious cases will be heard in the Supreme Court, such as murder and some sexual offences. The Childrens Court will hear all offences committed by people under the age of 18. Crimes that carry a penalty of 25 years or more, such as murder, manslaughter, robberies with guns or causing serious injuries and certain sexual offences, will be heard in another court. The Childrens Court is also not able to hear driving offences for young people old enough to have a licence (usually 16) unless they are charged with another crime as well. You have the right to contact a lawyer, an interpreter if you need one and/ or a relative/friend.
When deciding whether to give you bail, the police officer has to look at factors such as: whether you will appear at court; whether you will continue to break the law; the protection of any victims: and your interests.
The more serious the offence the less chance you have of getting bail by the police. The less serious the offence the more chance you have of getting bail. The police can look at any other times you have been in trouble when deciding whether or not to give you bail. 9.2.2 Court Bail If you are not granted bail by the police, the police must take you as soon as possible to a court so that the court can decide whether to give you bail. In most cases, you will be taken to court the next day. At the court, you will be able to ask for bail. You have a right to be represented by a lawyer from the Legal Aid Commission if you are in custody or if you are a child.
9.3 What happens in Local Court

Turn up to the Local Court on the day it says on your Court Attendance Notice. You should find the Court Officer and tell them your name. They will then tell you which court room to go to and will tell you when you matter is being dealt with. The Magistrate runs the Court. The Magistrate will ask you what you want to do with your matter. You have three choices. You can: 1. 2. 3. Ask the Court for an adjournment, which is extra time so you can get legal advice. Plead guilty. This means that you agree with what the police say and you admit that you committed the offence. Plead not guilty. This means that you do not agree with what the police say and you claim that you did not to the wrong thing.
9.2 Bail
Bail may be granted by the police or the courts. If you are granted bail, you do not have to remain in prison until your case goes to court. 9.2.1 Police Bail If you have been charged with a criminal offence you can be given bail at the police station. You have a right to contact a lawyer or another person, who may help you in getting bail. To get bail, you may have to pay some money, have someone collect you or make promises to the police.
If you enter a plea of guilty, the Court will convict you and then give you a penalty.
40 New Land New Law. A Guide to the Legal System in NSW New Land New Law. A Guide to the Legal System in NSW 41
If you enter a plea of not guilty, then there will be a trial and it will be at a later date to give you time to prepare your case. The police must usually give you their evidence within 4 weeks. Then you will have about 2 weeks to look at the evidence and get legal advice before you go back to Court. When you go back to Court, the Magistrate will want to know if you still want to plead not guilty. If you plead guilty, the Court will convict you and give you a penalty. If you still plead not guilty, the Court will ask the police and you how many witnesses you will have and how long you estimate the hearing will take. The Court will then give you a day to come back and have your hearing. On the day of the hearing, the Court will have a few matters to deal with so it will usually check with each group of people whether or not they are ready to go and then give you a time for your matter. At a hearing, you are presumed to be innocent until and unless you are proven to be guilty. When your hearing starts, the police give their evidence first. You are allowed to cross-examine the police witnesses. After the police have given their evidence, you and your witnesses give your evidence and the police are allowed to cross examine you and your witnesses. Once all the evidence is given, both you and the police summarise what you want the Court to accept and what you want the Court to do. The Magistrate then gives a judgment. If you are found guilty, the Magistrate will convict you and give you a penalty. If you are found not guilty, your matter will be dismissed.
about your family circumstances; about your work commitments and/or your education and training; and your financial circumstances.
You should be ready to tell the Court these things. If you think you might get nervous and forget, you should write these things down and take that information with you to Court. If you want you can give the information in writing to the Magistrate or Judge. 9.5.1 Penalties other than prison Dismissal and conditional discharge Here, the court has found you guilty, but dismisses the charge. They can also do this with conditions such as a good behaviour bond. This means that you have to promise the court that you will behave well for an agreed period of time. This is the only sentencing option where a conviction is not put on your record. Fines The magistrate may order you to pay a fine. In deciding the amount of the fine, the court will consider your finances. This means it is important to tell the court what your income is, and also what your expenses are. A fine must usually be paid in 28 days. However, you can ask the court for more time to pay if you need it. Bonds A bond is a promise that can be broken by committing another offence or by not meeting with the conditions ordered by the court. The most common are conditions of bonds are to attend counselling, rehabilitation services or other courses. Bonds cannot go for more than five years. Deferred sentence A Magistrate may decide not to sentence you until you have completed a course or rehabilitation. If you complete the course or rehabilitation you may receive a smaller sentence. Community service orders The court can order you to complete up to 500 hours of community service instead of sentencing you to prison. If you have a drug problem or have
9.4
What happens in District and Supreme Court
The District Court and the Supreme Court procedure is similar, but it will be decided by a Judge and sometimes there will be a jury. It may be the police or the Director of Public Prosecutions that runs the case against you.
9.5
Possible Penalties
Once you are found guilty and convicted, a court in NSW can give you different penalties. The Court needs to know certain information when it is giving you a penalty. The Court always needs to know:
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shown that you are not reliable, you will not be able to get a Community Service Order. If you do not complete the hours given, you can be brought before the court and sentenced again for the original crime. 9.5.2 Prison Suspended sentences The court can impose a sentence in prison, but allow you to serve this sentence out of prison if you enter into a good behaviour bond. You are more likely to have your prison term suspended if the court thinks that you may be rehabilitated. If you breach the bond by breaking the law again or by not meeting by the conditions imposed in your bond, you may have to serve the time in prison. Periodic detention If you get a sentence of less than three years, the court may allow you to serve the sentence only part of the time. This may mean going to prison only on weekends. If you breach this sentence you will be arrested and will remain in prison until your case is decided. You may be given another chance or you may have to serve the sentence in prison full time or at home. Prison Prison terms are considered a last resort and will be given for serious offences or after most other options have failed. Home detention The court can consider if you are able to serve home detention once you have been sentenced to full time imprisonment. It takes about three weeks to make a decision on a home detention sentence. Home detention includes telephone checks and visits to make sure you are at home when you are meant to be. You may also be tested to see if you have been drinking alcohol or taking illegal drugs.
9.7 Children and criminal law

Special rules apply to children under the age of 18. The Childrens Court is more focused on preventing criminal behaviour in children than punishing. A child under the age of 10 cannot be charged with a criminal offence and children between the ages of 10 and 14 are in a special category. All children have a right to be represented by a lawyer free of charge. All children who are arrested for a criminal matter should ring the Legal Aid Youth Hotline before speaking to a police officer: Legal Aid Youth Hotline: Tel: 1800 10 18 10 Children with few or no prior convictions may not have to go to Court. They can be given a caution at the police station or go to a Youth Justice Conference. This is a chance for young people to say sorry to the victim. Punishments available in the Childrens Court include fines, bonds and Community Service orders. There are similar to punishments given when an adult commits a crime. Children can also be sentenced to time in detention. The court will only send a child to detention if it believes that no other sentencing options are available. Juvenile detention centres are like prisons for children. Children cannot be sentenced to periodic or home detention.
9.8 Convictions
If you are an adult, a conviction will be recorded after a finding of guilt unless your charges have been dismissed. A child under 16 cannot be convicted and therefore cannot have a criminal record. If a child is aged 16 to 18 the magistrate has a choice whether or not to record a conviction. Generally magistrates in the Childrens Court will not record a conviction for minor or first offences. The general public cannot watch the proceedings in the Childrens Court. Convictions can affect visa status and it is not uncommon for people to be deported once they have served their sentences. Convictions for certain matters, particularly drug matters, can affect entry into certain countries.
9.6 If you are unhappy with the decision

If you believe the Magistrate or Judge made a mistake about facts or law in convicting you, you can appeal the conviction. If you believe the Magistrate or Judge made a mistake about fact or law and imposed a penalty that was too harsh, you can appeal the penalty. You should contact the Registry of the Court immediately and lodge your appeal within 28 days.
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10
TORTS
10.1 Introduction
A tort is a wrong done by one person to another person, or to another persons things or land. The law allows, in some circumstances, the injured person to bring a case against the person who has caused the injury in a civil court. Under Australian law, a civil court may order a person to pay money to an injured person as compensation for the injury caused by the tort. A person includes a company in tort law. A person can commit a tort without intending to or without knowing they are harming another person. Sometimes torts are also crimes. If a tort is also a crime, it may be dealt with in the criminal courts as well as the civil courts. In the criminal courts, the person who committed the crime may be punished. This is different to civil courts where a person may only be ordered to pay money to the injured person.
lawyers and accountants have a duty of care to their clients; users of the road have a duty of care to each other; and people living in a house or apartment have a duty of care to people who visit those buildings.
A person may breach their duty of care to you if: 1. they do not use reasonable care in the way that they deal with you; and 2. you suffer harm as a result of the breach of the duty of care. Example: if you see a doctor and the doctor does not find out what is wrong with you because they did not use reasonable care and you suffer harm then the doctor has breached the duty of care they owed to you. (See Chapter 11: Civil liability). You can recover money if you are hurt in this way. This is called compensation. You must show that: 1. you have suffered harm; 2. the person who caused the harm had a duty of care towards you; 3. the person who caused the harm did not take reasonable care - the court will look at what an average person would have done; and 4. the harm you suffered must have happened because the other person breached their duty of care. You must show that you took reasonable care for your own safety. If you did not, then the court might find that you were partly responsible for the harm done to you. If you were partly responsible, then the court may reduce the amount of money awarded to you to take into account your own carelessness or negligence. Example: if the court thinks that you caused half of your own injury, the court will decide that you should only receive half the amount that the injury is worth.
10.2 Negligence
In Australian law, every person must use reasonable care (or sufficient care) not to harm another person. This is known as a duty of care. Everyone has to obey this duty. If they breach this duty of care then they are negligent. If someone breaches their duty of care and it harms you, then you may be able to sue them. A court may decide that the person was careless or negligent. Examples of when there is a duty of care: employers have a duty of care to their employees; doctors have a duty of care to their patients;
10.3 Types of harm

The kinds of harm that you can get compensation for include: physical injury
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mental injury loss of money If someone sues you for negligence you should let your insurer know or see a lawyer quickly. Examples of types of insurers are your CTP insurer, public liability insurer and professional indemnity insurer. You may have duties to your insurer under your policy of insurance, for example you might not be allowed to admit liability to another person in a car accident because that is a decision for your CTP insurer to make.
10.4 Compensation
If a court decides that a person is negligent towards you, that person or usually their insurer may have to pay compensation to you. This sum of money paid in compensation is known as damages. The amount of money you can get will vary because the court will choose an amount that tries to put you back in the same position as you were before you suffered the harm. If your injury is physical or mental you might get money for: medical expenses (for the past and future); loss of wages up to the time of the court hearing; any future loss of wages (for example if you cannot work anymore); and/or some other kinds of loss such as your pain and suffering. There is a limit to the amount of money you can receive and it may not be exactly the amount that the injury costs you. If your property is lost or damaged you might get an amount of money to repair or replace the property.
10.6 Personal property damage

Personal property are things that you own (not including buildings or land), for example cars or computers. The law protects peoples rights to their personal property. The law is based on the idea that it is wrong to steal, damage or sell someone elses property without their permission. Example: if you sell another persons car without their permission then a court might make you pay the person who owns the car compensation or damages equal to the value of the car. If someone has damaged or taken your property, you should see a lawyer for help.
10.5 Limitation periods

You should get advice from a lawyer as soon as possible if: you think you have been harmed by someones negligence; or someone is suing you for negligence.
10.7 Damage to land

It is a tort to use someone elses land as if it is your own. damage another persons land. stop another person using their land the way they want to. For example if branches from a neighbours tree hang over the fence onto your land or if a neighbour places rubbish on your land and this damages your land or stops you using it.
You are usually allowed 3 years from the date of the harm to make a claim for compensation. A lawyer can help you work out the timing. It can sometimes be difficult to figure out exactly when the harm happened, for example it may take a while for an injury to be noticed. This might mean that your 3 years has already run out. If this has happened, you should speak to a lawyer. You might still be able to make a claim if you have a good reason for why you did not make your claim on time.
If another person damages your land you may be able to get compensation. If another person uses your land or part of it but does not damage it, you may only be able to get a small amount of compensation.
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11
CIVIL LIABILITY
11.1 Public liability
If you are injured in a public place then you might be able to sue the person that owns or manages the public place. To make a claim, you need to show that: you have suffered an injury due to the fault of another person; and prove that the person owed you a duty of care; and that the person was negligent.
You will need to show: that the person owed your relative a duty of care, and that the person was negligent.
You also need to show that you are financially dependent on that relative. Only close relatives can make a claim. A close relative is a: wife/husband; de facto partner; brother/sister; half sister/half brother; parent; child.
A close relative can only make one claim for a persons death. If there is more than one relative who wishes to make a claim for that persons death, then they will all need to make their claim together. This is different if there is more than one dependent spouse (each spouse can make their claim separately). If you are successful in your claim, you can recover: any money that the deceased relative would have provided to you if he or she were still alive; any services that your deceased relative would have provided to you if he or she was still alive (such as services provided by a parent to a child); any income that your deceased relative lost before they died; funeral expenses; or hospital and medical expenses.
This means that you can sue that person for money to make up for the damage or loss caused to you. This is called compensation. You can get compensation for: pain and suffering; loss of past or future earnings; cost of any care provided to you; or interest on the compensation (which you may receive).
The Court may choose to reduce your compensation if it considers that you caused your own injury in any way. If you have been injured outside your workplace after 2002, then you may be able to make a public liability claim.
11.2 Compensation to relatives

You may be compensated if a relative of yours has died due to another persons negligence.
The Court may choose to reduce any compensation to a relative if it considers that the deceased person caused his or her own death in any way.
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11.3 Medical negligence

A person who gives you medical care, such as a doctor, nurse, dentist, midwife, chiropractor must use reasonable skill and care in their job. This means they must use a fair and proper level of care and skill in giving medical information, making a diagnosis and treating patients. If they do not do so then they can be guilty of negligence. If you believe that: you have suffered physical, psychological or financial harm from a person giving you medical care, and you can show that the person giving you medical care did not use reasonable skill and care
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VICTIMS COMPENSATION
12.1 Are you a victim of violence?
You are a victim if you have a serious injury because of someones violence. If the violence happened in another state, you should contact Victims Services in that state. This chapter is useful if you live in NSW.
12.2 Who can help?

You should speak to your lawyer about the services available and what money you can receive. If you do not have a lawyer, you should contact the Law Society to be referred to a lawyer in your area who can help you apply for victims compensation. Law Society Community Referral Service Tel: 02 9926 0137
then you may be entitled to receive money to make up for the damage or loss caused to you. This is called compensation. You can receive compensation for: medical and treatment expenses; loss of income; pain and suffering; or help you need around the home.
11.4 How much time do you have to make a claim in Court?

You have 3 years from the day of the accident which caused the damage, loss or injury. To work out if you are able to make a claim for public liability, compensation to relatives or medical negligence, it is important that you talk to a lawyer as soon as possible.
Victims Services You can apply to Victims Services to spend 2 hours with a counsellor. A counsellor is trained to help you deal with what has happened to you. If you feel you need more time with a counsellor after 2 hours, you can apply for more time. You can apply to the Victims Compensation Tribunal (through Victims Services) for compensation, which is money to help you with your injuries. Tel: TTY: Email: Website: 02 9374 3111 02 9374 3175 vct@agd.nsw.gov.au www.lawlink.nsw.gov.au/vs
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24 hour Victim Support Line (7 days a week) Tel: 02 9374 3000 or 1800 633 063 TTY: 02 9374 3175
You are a direct family member of someone who has been killed (a family victim). You cannot apply for compensation where: the act of violence did not happen in NSW; you cannot prove that an act of violence happened; the injury is not on the Schedule of Injuries (see below); the crime is against property, for example, vandalism; the injuries were caused by a motor vehicle; you were injured while doing a crime; or the violence happened when you were in prison.
12.3 How do I make an application for compensation?

Application forms are found on the Victims Services Website: www.lawlink.nsw.gov.au/vs You can also telephone Victims Services and they will send you a form (see above for contact details). You can fill in the application and send it in yourself or a lawyer can do it for you. The Law Society can give you names of lawyers in your local area who will help you make your application. Law Society of New South Wales Tel: 02 9926 0300 or 1800 422 713 Website: www.lawsociety.com.au
You can only get compensation if your injury is serious enough. The minimum claim you can make to the Tribunal is $7,500. If your combined injuries are not worth at least $7,500, you cannot make a claim for compensation.
12.4 Who can apply for victims compensation?

You can apply for compensation if you are the victim of an act of violence (a primary victim). This means that someone has hurt you, physically, sexually or emotionally. It can also mean that you were injured while trying to: prevent someone from being violent; arrest someone who was being violent; or help or rescue someone who was being attacked by another person.
12.5 Time limits

You have to apply to the Victims Compensation Tribunal within 2 years from the date of the violence. After this date, you must be able to give a good reason why your application is late.
12.6 What injuries can I get compensation for?

You can only claim money for injuries in the Schedule of Injuries. The kinds of injuries included in the Schedule are: 12.6.1 Physical injuries The Schedule lists a lot of different injuries to the body. You should keep copies of medical reports, hospital reports, x-rays or other documents proving your injuries. Especially because some of them have to be serious injuries.
You can also be hurt if you see an act of violence against another person (a secondary victim). You are the parent or guardian of a primary victim of violence who was under the age of 18 years at the time (a secondary victim).
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12.6.2 Psychological or psychiatric disorders caused by an act of violence The illness must be long lasting and you must be moderately or severely disabled because of it. It must affect your day to day functions in a serious way. An Authorised Report Writer will assess you and write a report on your condition. You will not have to pay for this assessment. 12.6.3 Sexual assault This includes both physical injuries and/or psychological or psychiatric illness from a sexual assault crime. This category includes someone being indecent towards a child and other serious sexual crimes. 12.6.4 Domestic violence These are injuries that come from acts of violence against you by your husband, wife, partner, a relative, or someone who lives with you. 12.6.5 Burns and scarring The burns and scarring must be permanent. You should take photos of these injuries to send in.
12.7.3 Other losses and expenses You can make a claim for things you wore or carried at the time of the act of violence that were destroyed, damaged or lost. You should try to provide receipts for these, if you have them, and find out how much it would cost to buy the item now (to include in your claim). To make a claim for these things, you must be the primary victim. The maximum you can claim is $1,000.
12.8 How do I add up the value of my injuries?

Injuries are added up in this way: Take the most serious injury, for example, a broken jaw = $7,200 Add 10% of the amount for the second most serious injury, for example, loss of 2 or 3 front teeth = $4,800. Ten per cent of that injury would be $480. Add 5% for the third most serious injury, for example, loss of a tooth that is not a front tooth = $2,400. Five per cent of that injury would be $120. $7,200 + $ 480 + $ 120 ______ $7,800 ______ When added together, these injuries meet the minimum value ($7,500) to enable you to apply to the Victims Compensation Tribunal for money.
12.7 What else can I claim for?

12.7.1 Medical and related expenses These include fees that you have paid for doctors, hospital, dental, chemist, physiotherapy, and other costs related to your injury. You must include receipts for all medical costs with your application. 12.7.2 Actual loss of wages This is an amount of money to replace wages if you cannot work because of your injury. The amount of lost wages will be worked out using the Schedule of Maximum Weekly Benefits in the Workcover Benefits Guide (see www.workcover.nsw.gov.au). This amount will not include business losses, and you will not get back any sick, holiday or other leave used because of your injuries. You will need to get a statement from your employer giving their details (name, address etc), the days you took off work and any leave payments you got. The most you can claim for financial loss (loss of earnings and medical expenses) is $10,000.
12.9 What needs to be in your application?

Your application needs to include: A short description of the act of violence; The date or dates of the act of violence; If the crime was reported to police you should give the date it was reported, the name of the police officer who you talked to and where the police station was;
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If the crime was not reported to police, you will need to explain why it was not reported. You do not have to go to the police to claim compensation, but your claim will be easier to prove if you do; If you went to court because of the crime, you will have to give details about the court case; A list of your injuries. You will have to name your injuries using the same names that are used in the Schedule of Injuries. You will have to get a medical report that identifies your injuries as set out in the Schedule of Injuries; If you have suffered psychological or psychiatric disorders because of the act of violence, you will need to get a report from an Authorised Report Writer (ARW). The ARW cannot be the same person who is counselling you. For a list of ARWs see the Victims Services website listed above; If you are making a claim for burns or scarring, you will need to include photographs of the injuries. Write the date the photos were taken on the back of each photograph.
12.11 What happens next?

You or your lawyer will receive a letter from Victims Services saying that your claim is registered. After your application has been registered, Victims Services will get information such as police reports, court transcripts and any other information they need. Once they have gathered all the information, the Tribunal will set a date for deciding your claim. You or your lawyer will be sent a letter telling you the date. At the first opportunity after the listing date, an Assessor from the Tribunal will decide whether you have a right to compensation. The Assessor will look at your form and all your documents, and make a decision about your application. You do not need to go to the Tribunal on that day. Only in special circumstances will you need to go to the Tribunal and you will be told if you need to go. Within a week of the decision, the Tribunal will send you or your lawyer a letter telling you the result of your application. If they decide you should get compensation, they will send you or your lawyer an Application for Payment form. If you accept the Standard Conditions and the amount awarded, you will have to sign and return the Application for Payment form. In most cases, they will process the payment within 28 working days of receiving the signed Application for Payment form.
12.10 What documents do I attach to my application?

If you have reported the violence to the police, a copy of your statement, if you have made one and statements from witnesses; any medical reports from doctors, specialists or hospitals; photographs of any permanent burns or scars with the date they were taken written on the back; if you are claiming for medical expenses, receipts or other evidence of payment or debt; if you are claiming for actual loss of wages, any documents you have to show loss of earnings; and if you are claiming for loss of personal items, include any receipts or quotes for replacement costs.
12.12 Appealing your decision

If you think the Assessors decision is wrong, you have a right to ask the Tribunal to assess your situation again. This is called an appeal. You can only appeal up to 3 months after receiving the decision from the assessor. You will have to give reasons why you think the decision is wrong. Your appeal will be decided by a Magistrate of the Tribunal. You can represent yourself in an appeal or you can get a lawyer to represent you (see Chapter 1: Lawyers and Legal Services). If you disagree with that decision, you have a right to appeal again to the District Court. An appeal is quite complicated. You should speak to a lawyer if you decide to appeal.
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12.13 How much will all this cost me?

12.13.1 Lawyers fees The lawyers fees will usually be paid by the Tribunal. These legal costs are paid separately to the amount of compensation paid to you. Your lawyer cannot charge you any more than the amount the Tribunal gives you for legal costs. 12.13.2 Medical and other reports Your lawyer may ask you to pay for medical or other reports to lodge with your application. Your lawyer can give you an estimate of the likely costs. If your claim is successful, you will be able to claim back a total of $1,100 (inc.GST).
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APPREHENDED VIOLENCE ORDERS (AVOs)
13.1 Introduction
An AVO or apprehended violence order is an order made by a court to protect someone. If you have experienced violence, threats, harassment or are concerned for your safety you can apply for an AVO to protect you. An AVO can prevent a person from doing certain things, for instance, it can prevent a person from assaulting you, stalking you, damaging your property or entering your home or workplace. An AVO is not a criminal charge. If you have an AVO against you, it does not mean you have done anything wrong. However, a person can be charged with a crime if they do not obey the orders in an AVO.
13.2 Applying for an AVO

There are two ways you may apply for an AVO: 1. go to the police and tell them about your fears and concerns. The police can then apply for an AVO for you (this is called a police complaint); or go to your nearest Local Court and make an appointment to see the Chamber Magistrate (free of charge). They will assist you to make your own application for an AVO (a private complaint).
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If you cannot get to your local court, you can arrange an appointment over the telephone with the Chamber Magistrate.
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The AVO application is known as a complaint. On the AVO you will be referred to as the protected person or the person in need of protection (PINOP). You may also sometimes be called the complainant. The other person will be referred to as the defendant. In the paperwork there will be details of the things you say the defendant is doing to you. These are sometimes called the particulars or the complaint. These are your reasons for requesting an AVO. The Chamber Magistrate or police officer who helps you with your application will write out your complaint. There will also be a notice, called a summons, which tells the defendant to go to court on a certain date. Attached to the complaint and summons will be the orders you are asking the court for.
other relatives; or your neighbours and friends.
An AVO does not have to stop you from seeing or talking to a person. You can ask for an AVO against a person you still see, live with, work with or are related to, and the AVO can still protect you from being harmed.
13.4 Interim AVO

This is a temporary AVO that gives you protection until the time the matter goes to court. The police will apply for a telephone interim order (TIO) on your behalf if you have been a victim of violence.
13.5 Service
The police or the Clerk of the Court must serve the AVO, interim AVO or TIO on the defendant. This means they have to give them a copy. The police or court arrange for this to happen. You do not need to give the AVO yourself. Until the defendant is served, the AVO, interim AVO or TIO is not effective.
13.3 Types of AVO orders

It is important you get an AVO which takes into account all of the possible ways in which the defendant may scare or hurt you. You can ask for orders which stop the defendant from: going to your house, work or some other place you regularly go to; ringing you on the phone; coming near you; getting someone else to harass or threaten you; and/or destroying your property.
13.6 Ways an AVO can be finalised

1. Withdrawing a complaint and giving undertakings You might decide to accept an undertaking from the defendant and not proceed with the AVO application. An undertaking is a promise the defendant makes to the court that they will not do certain things. The undertaking is usually written down and signed by you and the defendant. However, if the defendant does not keep his/her promise, there is nothing the court or police can do, as an undertaking is not legally enforceable.
You can ask for an AVO against any person who makes you worry about your safety because of violence, threats or harassment to yourself or: your husband, wife or partner; your children; your parents;
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2. AVOs made by consent and without admission If you and the defendant both agree to the AVO being made, a court will then make a final AVO order. The defendant will not have to admit to any complaints you made against them and there will be no need for a court hearing. 3. Show cause hearing If the defendant does not consent to the making of an AVO, you will have to attend a court hearing. You will need to appear before a Magistrate and explain why you need an AVO. It is helpful if you can bring witnesses to support your case. Just because you are scared of someone does not always mean your application will be successful. You need to show the court how the defendant is likely to harm you in the future. It can help to have evidence of how the defendant has harmed or frightened you in the recent past. You may be cross examined by the defendants lawyer at the hearing. The Magistrate who hears your application may also ask some questions. After hearing both sides of the case, the Magistrate will decide whether or not to grant you the AVO.
Sometimes you may have to go to court the very next day. If you do not go to court, the AVO may be ordered against you. It is usually best to talk to a lawyer when you are given a summons. They can give you advice about what to do. Many lawyers give free advice at the first appointment. If you have trouble finding a lawyer before going to court, you can ask the court for an adjournment to give you time to see one or talk to a Legal Aid Lawyer at the court for free. The court will normally give you one or two weeks before you come back to court again. If you have been served with an AVO it does not mean that you have been charged with a criminal offence. An AVO is only a complaint against you. However, the AVO may put restrictions on things you can or cannot do. You must make sure that you obey the restrictions made in the AVO otherwise you could be charged with a criminal offence. The maximum penalty for disobeying an AVO is 2 years imprisonment and/or a fine of $5,500. If you commit a violent crime against someone protected by the AVO, the court must send you to gaol unless there are good reasons not to. If you think the AVO is unfair or untrue, you will have the chance to say so in court. You should get legal advice before agreeing to an undertaking or an AVO application. This is because: if you are the holder of a firearm and an AVO is made against you then your firearm licence is automatically taken away from you; or if you are working with children or intend to work with children and have an AVO made against you, you might be required to tell an employer before they can give you a job.
13.7 Do I need a lawyer?

If the police applied for the AVO on your behalf a police officer called the Police Prosecutor will represent you in court. You do not need a lawyer. If you made the complaint to a Chamber Magistrate yourself, you should try to get a lawyer.
13.8 What happens if someone takes out an AVO against you

If someone applies for an AVO against you, the police or Clerk of the Court will come to your house and give you a summons. The summons will tell you to go to court on a certain date and refer to you as the defendant.
If you decide you want to go to a court hearing then it is best you are represented by a lawyer.
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13.9 Where can I get extra help?

Your lawyer The Womens Legal Resources Centre Tel: 1800 801 501 or (02) 9749 5533 TTY: 1800 674 333 Email: Womens_NSW@fcl.fl.asn.au Website: http://www.womenslegalnsw.asn.au/ Chamber Magistrate at your Local Court For a complete list of regional and city Local Courts go to the website: www.lawlink.nsw.gov.au/lc The Womens Domestic Violence Court Assistance Scheme at your Local Court Contact your local court or police station for assistance in speaking with the staff from this scheme. NSW Police Service Tel: (02) 9281 0000 Website: www.police.nsw.gov.au
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FAMILY LAW
14.1 Getting a divorce
If your marriage is not working out, you should consider counselling. If this does not help, you can get a divorce. You need to apply to the Federal Magistrates Court for a divorce. You can apply if: one of you lives in Australia; your marriage has broken down and you will not get back together; and you have been separated for 12 months (you can be separated even though you are still living in the same house).
There is no need to prove that a divorce is anyones fault. After a divorce you will have to decide what to do your property and children. If you cannot agree about: how your property will be divided; where the children will live; or when the children will see the parent that they are not living with.
and you want a Court to decide for you, then you have to make a separate application to the Court for these issues. 14.1.1 De facto relationships If you did not get married, but lived with your partner for 2 years or have a child with them, they are your de facto spouse. People who are in same sex relationships may fall under the definition of a de facto couple. If you are in a de facto relationship, divorce is not relevant to you as you
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are not married. But you might separate and need to decide what to do about your children and property. You can also go to Court for this.
money in banks or in cash superannuation shares in a business shares in a public company jewellery
14.2 Solving arguments about property and children without going to Court
Before a Judge or a Magistrate hears a family law dispute, the Court will ask you to try to make an agreement with your spouse. The Court will tell you about places you can go for counselling and mediation. If you ask, the Court may arrange a mediation session at the Court too. If you and your ex partner can reach an agreement, you can arrange for that agreement to be put into writing and give it to the Court for approval. That agreement, once approved by the Court, is binding and becomes known as a Consent Order. If the agreement between you and your husband relates only to the children, you can enter into a Parenting Plan instead of obtaining Consent Orders. It is much quicker and cheaper if you can reach an agreement instead of a judge or magistrate making a decision for you. Going to Court is very expensive if you have to pay for a lawyer. It can take over 1 year to have your matter decided by a judge.
The Court needs to know what the property is worth. If you do not agree how much something is worth, you might have to have it valued. 2. What did the husband contribute and what did the wife contribute? The court will consider: financial contributions (for example wages, inheritances from relatives and other property brought into the relationship by either spouse); non-financial contributions (for example renovating a property or help in the family business); and homemaker contributions (for example housekeeping and care of children)
14.3 Going to Court to solve arguments about property

14.3.1 Dividing property of a marriage If you are or have been married, any argument about property with your partner will be heard in the Federal Magistrates Court or the Family Court The Court will divide the property by looking at four things. 1. What is the total value of the property? The Court can make orders about property owned by the husband, property owned by the wife, and property owned by the husband and wife together. The Court will make a list of all the property available to be divided between the husband and the wife, for example:
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The Court will decide whether the husband and wife made equal contributions, or if one of them made a bigger contribution than the other. The Court will describe the contributions as a ratio, for example 50:50 or 75:25. 3. What other factors should be taken into account, for example, what are the husband and wifes future needs? The Court can change the ratio to take into account the future needs of the husband and wife. This means they might look at things like your age, health, care of children or how much someone can earn. If the husband and wife contributed equally (50:50), but the husband is sick and cannot work, then the ratio could change so the husband gets more (for example, 60:40).
house car boat

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If the husband and wife contributed the same (50:50), but the wife will look after the children most of the time and cannot work, the percentage could change to give her more (for example, 70:30). 4. Is the division fair? Finally, the Court will check that the first three stages are fair to both spouses. Once the Court has considered these things, it will decide how to divide the property. For example, the Court can order that your house has to be sold and the money divided between you or that one of you gets the house and the other gets some money. You can apply for a court to divide the property of the relationship at any time during or after a relationship. You must apply to the court to divide your property within 1 year of your divorce application being decided at the Federal Magistrates Court. 14.3.2 Dividing property of a de facto relationship If you separate from a de facto spouse, any argument about property will be heard in the Local, District or Supreme Court of New South Wales only. In de facto matters the Court will consider all the same things as above, but will not consider factor 3, that is the future needs of the partners. If you want to file an application to divide property in de facto matters, you must file all applications within 2 years of the date of your separation. 14.4 Going to Court to solve arguments about children If there is an issue that involves children, you must first go to a Family Relationship Centre. Here you can get the information and start the process to find the right solution for you and your children. To find a centre near you, use the search function on www.familyrelationships.gov.au/ Before you can go to a Court to solve your arguments, you have to first get a certificate from a Family Relationship Centre. All cases that involve what happens to your children after you separate will be dealt with in the Federal Magistrates Court or the Family Court of Australia.
The Court can decide arguments about: living arrangements - who the children should live with; spending time with and communicating with - when and where the children spend time with the other parent and any other person who has a close relationship with them (for example grandparents); and specific issues other things like medical treatment, schooling, religion, passports and travel.
The Court will make a decision that is in the best interests of the child. To decide the best interests of the child, the Court will consider: what the child wants; the relationship the child has with parents and others; how the change might affect the child; any practical problems and costs of making sure a child has contact with the parent they do not usually live with; how well each parent can care for the child including emotional and intellectual needs; the childs maturity, sex and background and any other aspects of the child that the Court thinks are important; the need to protect the child from physical or mental harm; if each parent is a good carer; any family violence involving the child or the family, including Apprehended Violence Orders (see Chapter 13: Apprehended Violence Orders); what the Court thinks would finally resolve the matter; and any other thing that the Court thinks is important.
Each child has the right to see both parents. The Court will not allow one parent to stop the other parent from seeing their child. However, if the child may be in danger from one of its parents, the Court might decide that a friend or relative must supervise the child when they see that parent, or the child and the parent might have to meet in a special
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contact centre. In rare cases, the Court may decide that the child cannot have any contact with that parent.
If you were in a de facto relationship you can also apply for spouse maintenance but there are more restrictions on when you can get it.
14.5 Child support

Every parent has a responsibility to financially support the child, even if they do not see the child. Child support is the money one parent pays to the other to help pay for the childs food, clothing and school. You can make an agreement about paying child support and you can register that agreement with the Child Support Agency. If you do not agree, you can ask the Child Support Agency to work out how much to pay. The Child Support Agency will work out how much child support you need to pay by looking at how much you earn and how many children need to be supported. If you think that the amount of child support the Child Support Agency tells you to pay is unfair, you can apply to have the amount changed. The Child Support Agency can tell you what reasons you need to change the amount. To apply for child support or to get more information, contact the Child Support Agency. Child Support Agency Tel: 13 1272 Website: www.csa.gov.au
14.7 Family violence

If you dont want to be in the same room as your ex partner, you should tell the Court straight away and they may arrange for you to go to mediation and Court separately. When making decisions about your children, family violence may be considered when deciding what is in the childs best interests. It may affect which parent the child will live with, and if or how often the other parent will see the child. When making decisions about your property, the Court will only consider family violence if the violence has reduced the contributions that one spouse made because of the violence of the other spouse. For example, if one spouse could not work because the other spouse prevented them from working. The Court does not punish spouses who are violent in Family Law proceedings. If you fear for your safety, you should contact the police (see Chapter 13: Apprehended Violence Orders). You may be able to seek compensation for violence against you. In these circumstances you should speak to a lawyer (See Chapter 12: Victims compensation and Chapter 1: Lawyers and legal services).
14.8 Further information

See Chapter 1: Lawyers and legal services about how to contact Legal Aid or Community Legal Centres. There are also free information sessions run by the Family Court to give you information about the Court. Contact the Registry nearest to you. Tel: 1300 352 000 Website: www.familycourt.gov.au
14.6 Spouse maintenance
There is no automatic right to get money from your ex-spouse to help you live (this is called spouse maintenance). To get spouse maintenance, you must apply to the Court. You must show that: you cannot support yourself by working; and your spouse can afford to support you.
The Court treats men and women the same when considering applications for spouse maintenance.
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15
EMPLOYMENT PROBLEMS
15.1 Important questions
15.1.1 What age can I start work? There is no minimum age. But if you are under the age of 15 and looking for full-time work with the intention of leaving school you need permission from the Department of Education and Training on (02) 9561 8000. 15.1.2 How do I get paid? In most circumstances, you should be paid at least once a fortnight. You may be paid in cash, by cheque or deposit into your bank account. You will automatically have some money taken out of your pay for tax, superannuation, Medicare and some other things required by law. Your employer is not normally allowed to take money out for any other reason without your written consent, but can do so in some rare cases. Your employer has to give you details of your pay regularly. This may be a hard copy payslip or may be electronic. It will show your pay, any deductions, such as tax and superannuation, and whatever leave entitlements you might have earned so far. 15.1.3 Can I do unpaid work? You can do work experience through a school or TAFE or university and that is not paid. You can do volunteer work and that is not paid. Your new employer might ask you to work for a trial period or a probation period to see if you can do the job. You must be paid during a probation period, and should be paid during a trial period. Do not let your employer force you to do trial work for free.
If you do unpaid work outside of your paid job, you may be required to tell your employer at your paid job. 15.1.4 What sort of hours can I work? Full time work is usually between 35 and 40 hours per week. Under the federal system (see below), full time work is a maximum of 38 hours per week, plus reasonable additional hours. Part-time work is a regular number of hours each week but less than fulltime work; Casual work is paid by the hour or by the day and is more flexible. It can be good for students and young people, but does have some disadvantages. Make sure you check your visa conditions because you might have restrictions on how much you can work even unpaid work might be counted as work for your visa (see Chapter 3: Immigration and citizenship). 15.1.5 What paperwork should I get from my employer when I start? You may get a document, which sets out the most important conditions of your employment such as: the pay you will get; how many hours you will work; other entitlements such as time off.
This document may be called a letter of offer, employment agreement, employment contract, an award, a collective agreement or an Australian Workplace Agreement. On your first day you should also get this information (preferably in writing): what your job tasks are; if you work on a roster, you should get details about that; information about workplace policies; and information about health and safety in the workplace.
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15.2 Awards and agreements

In some cases, a document will set out all the conditions of your employment. The type of document that applies to you depends on a number of things, including whether you are under the NSW system or the federal system. In other cases, your conditions of work may be in more than one document, and parts of it may not be in writing at all. If you work for most incorporated organisations (usually with Pty Ltd or Ltd or Limited in the organisations name), a Commonwealth department or agency, a waterside, maritime or airline company, then you are under the federal system. If you work for an organisation that is not incorporated (such as a sole trader or a partnership) or some State departments or in a company that does not get involved in trading or finance (for example, a charity), then you will be under the NSW system. The information in this chapter is very general the terms of your employment will be in your particular award or agreement or in your contract of employment, and in the laws to do with the federal or state system so you should find out which type of award or agreement (if any) applies to you. 15.2.1 NSW state system In the NSW system your conditions of employment might be in a NSW award, an enterprise agreement or under a contract of employment (an agreement between you and your employer). Other NSW laws will also apply to you and your employment. A NSW State award sets out many of the minimum conditions of employment for a particular industry. If the industry in which you work is covered by a NSW award, it applies to all people working in your type of job. Some of these conditions in an award might be: how many hours you work; how much you will be paid; penalty rates (for weekend and public holiday work); overtime;
casual loadings; breaks for meals; money for meals; how often you can take time off work (for example, how many days of holiday youll get each year); and what your responsibilities are.
These are minimum standards so your employer has to give you at least the amount of pay, overtime, allowances and leave set out in the award. An enterprise agreement is a document that employers and employees negotiate together, usually in a specific workplace, sometimes with the help of a union. Like an award, they set out the minimum conditions of employment for employees covered by that agreement. Some work in NSW will not be covered by an award or an enterprise agreement. There will, however, be a contract (agreement) of employment between you and your employer which will set out your rights and obligations. In addition, there are NSW laws (for example, about annual leave or about payment of wages) which will also apply to you. 15.2.2 Federal system In the federal system your conditions of employment might be in a federal award, a collective agreement or an Australian Workplace Agreement or may simply be the minimum conditions under the Australian Fair Pay and Conditions Standard (the Standard). A federal award sets out many of the minimum conditions of employment for certain types of jobs but will only apply to you if you do a job covered by the award and the award applies to your employer. It sets out the same sort of things as a NSW State award (see above). A collective agreement is a document that employers and employees decide to negotiate together, sometimes with the help of a union. Like an award, it sets out many of the minimum conditions of employment for employees covered by that agreement. Other conditions will also be set out in other federal laws.
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Australian Workplace Agreements (AWAs), recently replaced by Individual Transitional Employment Agreements (ITEAs), are federal system individual agreements. You have 7 days to consider an ITEA if you are given one. You cannot be sacked for refusing to sign an ITEA. If your employment is under the Standard, then you will find that the minimum conditions under the Standard deal with: basic rates of pay and casual loading; maximum ordinary hours of work; annual leave (for fulltime employees this is equivalent to 20 days per year); personal leave (for fulltime employees this is equivalent to 10 days per year); and parental leave.
Loadings this is when your employer has to pay you higher than the normal award rate because of some aspect of your job, for example you might have to work on weekends, or in a remote area.
15.4 Taking time off work

What sort of leave you get depends on what agreement or award you are under and also depends on whether you are a full-time, part-time or casual worker. If you work part-time 2 days per week, you should get all the leave benefits of a full-time worker but proportional to how much you work, so you will get 2/5 of the benefit amount. If you are a casual worker you usually do not have leave benefits but instead you get a loading or extra pay in return for the lack of annual leave. Full time and part time employees can usually get this time off: Annual leave you are allowed to have 4 weeks of paid leave each year. Public holidays a holiday that applies across the whole of NSW, or to the part of NSW in which you work for example Christmas Day. Some people do have to work on public holidays but are usually paid extra. Sick leave you are allowed to take a certain amount of time off per year because of an injury or illness. In the State system, your award or agreement will usually allow 5 days off in your first year and 8 days off in later years for fulltime employees. In the federal system fulltime employees are entitled to 10 days personal leave per year (this leave may be used for sick leave and carers leave purposes). If you do not use up all your sick/ personal leave then it is carried forward to the next year. Paid personal carers leave this is time off that you are responsible for looking after a family member who is sick. It comes out of your sick/personal leave entitlement. If you use
Be sure before you sign When you are given any document to sign asking you to agree to specific conditions of employment you should take your time and check that you agree with the conditions. Your employer cannot pressure you to sign it. You can even get legal advice before you make a decision. If you are under 18 and have been given an ITEA, you must have an appropriate person (such as a parent or guardian) sign the ITEA.
15.3 Penalties, allowances and loadings

In many awards and agreements, there are certain things you get on top of your normal rate of pay. This will really depend on what award or agreement you are under so you should check that. Here are examples of some of the common ones: Penalties this is a higher rate of pay when you work outside your usual hours, for example on the weekend, public holidays or late at night; Allowances these are extra payments when you work in certain conditions, for example you might get extra payments for the cost of a meal when you work overtime, or extra payments when you have to use your own tools;
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up all your sick leave, you can usually take compassionate leave or unpaid carers leave to look after your family member. All employees can usually get this time off: Unpaid parental leave this is time off that can be taken by the mother or the father (but not both) for up to 52 weeks to look after a new baby or a child under 18 years that they have adopted. Your employer must keep your job for you until you return to work. Unpaid compassionate leave you can take 2 days off every time something serious happens in your family such as a sickness or death. Leave without pay this is when your employer allows you to take time off for a certain amount of time without being paid.
something about bullying, harassment, discrimination and ethical employee behaviour. Your employer might also have a policy about giving everyone an equal opportunity in the workplace or a policy about affirmative action to make it clear that all people in the workplace are equal. It is important that you read these policies and follow them because you may have trouble in your workplace, or even be fired or have legal action taken against you if you do not follow them. (See Chapter 4: Discrimination and harassment).
15.7 Your health and safety at work (Occupational Health & Safety)
All employers who are in New South Wales have certain duties to make sure their employees stay healthy and safe. This means that your employer should: have a safe workplace; make sure any machinery or equipment is safe; give you training and supervise you when using special equipment like machinery; give you general training on how to avoid workplace injuries; and make sure the work environment and facilities are safe.
These are general leave benefits. You should check your award or agreement to see what applies to you.
15.5 What to do if you have not been paid the right amount
You should do the following: 1. write to your employer and set out your claim. Your employer might agree to pay you the money. if your employer does not agree you can contact the Office of Industrial Relations (State system) or the Workplace Ombudsman (Federal system) and they may be able to help sort out the situation. if all this doesnt work you can apply to the Chief Industrial Magistrate or to the Local Court for a small claims application for the pay that you think you were owed (for amounts under $10,000).
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Your workplace might come under a Code of Practice for your type of work. This is not law but your employer should be following it. Workplace injuries can have a big impact both on you and on a business. Employers need to talk to their workers about any safety problems in the workplace. Workers must also look after their own safety and health at work. Workers have to think about how their actions will affect other people in the workplace. Workers must co-operate with their employer to help solve any safety issues. This means as a worker you have to go to training, avoid dangerous situations, and talk to your employer about any safety problems in the workplace.
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15.6 Equal opportunity, discrimination and harassment

Your employer might have a policy, which is a document that sets out a guide about how employees and employers should behave. It might have
15.7.1 What happens if you are injured at work? For more information, contact the WorkCover Authority and see the information sheets on their website. WorkCover Authority of NSW Tel: (02) 4321 5000 Website: www.workcover.nsw.gov.au
award or agreement might have something in it about when employers have to consult with their employees if redundancies are going to happen soon. When your job finishes, you must be paid for any annual leave that you have earned but not used and any unpaid wages. You might (depending on your contract, award or agreement) also be paid a special severance pay. The amount will depend on how long you have worked there. You might also receive a payment for any notice that your employer failed to give you. 15.8.3 Dismissal Your employer might decide to dismiss you, for example, for poor performance or misconduct. If you employer says you are being dismissed for poor performance, you should be given notice or a payment instead of notice. If your employer says you are being dismissed for misconduct, the employer may be able to fire you on the spot and not give you any notice or payment instead of notice. Misconduct is serious misbehaviour and might include being dishonest or starting a fight. You should get a payment for annual leave you have earned but not used and any unpaid wages. You should get these even if your employer dismisses you for misconduct. State system If you are under the NSW system and you think your dismissal was unfair, you may be able to apply to the Industrial Relations Commission of New South Wales to get your job back, get a different job with the same employer, or get compensation. This is called and unfair dismissal application. You may also be able to make an unfair contracts application. You should speak to your union or to a lawyer about making an unfair dismissal or unfair contracts application, but remember that there are time limits. For example, you only have 21 days from the date your employment ended to start unfair dismissal proceedings.
15.8 Leaving your job

You might have to leave your job because you want to resign your position is no longer available (redundancy) your fixed-term contract for a particular project has finished you are dismissed, for example, because of poor performance or misconduct.
15.8.1 Resigning You can just tell your employer that you are leaving, but it is probably better to do it in writing. You should check your contract, award or agreement of details of how much notice you should give your employer. Notice means how far in advance you have to tell your employer before your final day. If you do not give the notice that you have to under your contract, award or agreement then your employer may be able to take you to court. You will normally have to work up until the time you leave so that you can hand over your responsibilities to your replacement. When your job finishes, you must be paid for any annual leave that you have earned but not used and any unpaid wages. It is a good idea to ask your employer for a certificate of service before you leave. This states when you started and finished and what sort of work you did. 15.8.2 Redundancy This can happen when there is new technology that can do the job or the business has to change and can no longer offer that position. Your contract,
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Federal system If you are under the Federal system you may also be able to make an unfair dismissal application in the Australian Industrial Relations Commission, but will not be able to make an unfair contracts application. There is a 21 day limit for making an unfair dismissal application, so you need to be quick. If your employer has only 100 employees or less you will not be able to make an application. Both systems You cannot be sacked for certain reasons. For example, because of your ethnic background, age or gender, or because you didnt go to work for a short time because of illness. If you think you have been sacked for an unlawful reason, you may be able to make an unlawful termination or antidiscrimination claim. (See Chapter 4: Discrimination and harassment)
Chief Industrial Magistrates Court This Court hears claims and prosecutions for breaches of awards and some forms of agreement. Tel: (02) 9287 7832 Federal Magistrates Court This Court hears claims and prosecutions for breaches of awards and some agreements and the Standard, and unlawful termination claims. Tel: (02) 9230 8567 Website: www.fmc.gov.au Australian Industrial Relations Commission The Commission helps resolve industrial disputes, handles some termination and employment matters, simplifies awards and deals with applications for industrial strike actions. Tel : (02) 83746666 or 1300 799 675 Website: www.airc.gov.au Australian Council of Trade Unions (ACTU) (located in Melbourne) Tel: 1300 362 223 or (03) 9664 7333 Website: www.actu.asn.au Unions NSW Tel: (02) 9264 1691 Website: www.unionsnsw.org.au Workplace Ombudsman The Workplace Ombudsman can help you understand your rights under a federal award or agreement and can investigate complaints. Help Line: 1300 724 200 Website: www.wo.gov.au The information in this chapter is correct as at March 2008. Please be aware that there may soon be changes to the law of employment so you should check with your lawyer if you have any concerns.
15.9 Helpful contacts

Office of Industrial Relations NSW You can call the Office of Industrial Relations for advice and information about NSW State awards or agreements. Tel: 131 628 Website: www.industrialrelations.nsw.gov.au www.youngpeopleatwork.nsw.gov.au has excellent information for young workers. Department of Employment and Workplace Relations - Workplace Authority You can call the Workplace Infoline on 1300 363 264 for free and confidential advice and information about federal awards and agreements. The Workplace Infoline is available 8am 8pm Monday to Friday Website: www.workplaceauthority.gov.au Industrial Relations Commission of NSW The Commission conciliates and arbitrates to resolve industrial disputes, sets conditions of employment and fixes wages and salaries by making industrial awards, approves enterprise agreements and decides claims of unfair dismissal. Tel: (02) 9228 7766 Website: www.lawlink.nsw.gov.au/irc
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16
CONTRACTS
16.1 What is a contract?
Contract is a word that describes an agreement between two or more people (or groups) to do or not to do something, which the law in Australia will enforce. Contracts can be made by individual people, groups of people including partnerships, companies and the Government. Once you enter into a contract, you will have rights and obligations under it. You are expected to keep the promises you make under the contract and you can expect the other person to the contract to do what they have promised. The most common type of contract is where one person promises to provide things and/or services to a second person and in return, the second person agrees to pay money to the first person.
Examples of these include deeds, contracts for the sale of land and contracts for the building of houses. These contracts can include complex legal issues so if you are considering signing any of these types of contracts you should get advice from a lawyer first (see Chapter 1: How to find a lawyer). If the contract is in writing, then the contract should say what each person promises to do and be signed by each person. Example: A contract for the sale of a house is signed by the person buying the house and the person selling the house. A contract that is made orally is legally effective when each person tells the other what they promise to do. Example: A fruit seller might tell you they will sell you a kilogram of oranges for $3.00. If you say you agree to buy a kilogram of oranges for $3.00, you have made a contract with the fruit seller to buy a kilogram of oranges for $3.00. Although it is rare it is possible to make a contract by something you do. That is, if the conduct or behaviour of both people shows they have an agreement, sometimes the law will recognise this as making a contract. More often, conduct or behaviour is only part of the way in which a contract is made in combination with one or both of the other two ways. Regardless of whether the contract is made in writing, orally, or by conduct, it is only made properly when: each person intends to be bound by their promises. The law generally assumes that each person intends to be bound and will uphold a contract. Writing can show that the people intend to be bound; each person agrees on the important issues in the contract. For example, if you have not agreed on the price of the things and/or services, there is no contract;
Example: If you promise to pay someone money for a car and the person gives you the car, then you must pay them the money you promised to pay. Example: If you promise to do plumbing for someone for money and they pay you, you must do the plumbing for them.
16.2 How can a contract be made?

Contracts can be made verbally or in writing. It is also possible for only part of a contract to be in writing and for the rest of it to be made verbally. In some cases, the law will only recognise a contract if it is in writing.
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each person gives or does something in return for what the other person promises. So, a promise by someone of a gift is usually not enforced by the law.
17
DEBT
17.1 Introduction
A debt is money you have borrowed from someone else and you agree to repay the money at some point in the future. Borrowing money can be very useful, for example taking out a loan to buy a house or a car. However, getting into debt can be a big problem if you cannot afford to pay it back. If you have a debt because you owe someone money, under the law, you must pay it back. Your obligation to pay back the debt is a legal obligation. This chapter may help you to manage debt.
16.3 What can you do if the other person breaks their promise?
If the other person to the contract breaks any of their promises under the contract, you may have a right in law to ask the court to: force the other person to keep their promise; or make the other person pay you money as compensation for the loss they have caused you by breaking their promise.
If you intend to do either of these things, you should get advice from a lawyer first. (See Chapter 1: Lawyers and legal services.) Just because the other person has broken one of their promises under the contract that does not mean that the contract ends. You may still have to keep your promises under the contract. If you do not, the other person may be able to take legal action against you.
17.2 Borrowing money loans

If you have just moved to Australia, you might need to borrow some money to get help you start your life here. You may want to start your own business, buy a car or buy a house. You can apply for a loan at a bank. There are also other organisations that can lend you money, for example credit unions, building societies or community banks These places may charge lower interest rates and can be more flexible than banks about paying off debts. If you are borrowing from a bank, credit union or building society, make sure that it is registered with the Australian Prudential Regulation Authority (APRA). Australian Prudential Regulation Authority Tel: 1300 131 060 Website: www.apra.gov.au In NSW, if you are taking out a loan for personal and private purposes (known as consumer credit), for example buying a home to live in or buying a car, the maximum interest rate a lender can charge you is 48%. If
16.4 When can you get out of a contract?

Generally, when a person has entered into a contract, they must perform all their obligations under it. In certain circumstances, however, the law in Australia may not recognise a contract because of the actions of one or more of the people involved in the contract. An example of this is if one person leads another person into the contract by acting dishonestly. So it is important when you are in the process of making a contract that you are honest. Example: If you tell the other person something you know is wrong or you encourage them to believe something which you know is wrong, you may have trouble enforcing the contract. Also the other person may be able to take legal action against you. The law will also not enforce contracts to do something that is illegal.
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you are borrowing money for investment or business then lenders can charge you at whatever rate they choose, so it is important that you shop around for the best deal. If you are having trouble finding the right loan for you, then you can get a finance broker to help you. A finance broker usually arranges a loan for you by talking to various lenders. Mortgage brokers are finance brokers that specialise in arranging home loans. If you need a mortgage broker, look for one that is a member of the Mortgage Industry Association of Australia (MIAA). Mortgage brokers who obtain a loan for you from a regulated bank or building society do not charge you a commission. Mortgage Industry Association of Australia Tel: (02) 9967 2889 Website: www.miaa.com.au If you borrow money from a private organisation or individual you should make sure that you understand all the terms of the loan, get all the terms of the loan in writing and get someone you trust to explain the conditions of the loan. Only accept the money when you fully understand the conditions of the loan.
17.3.2 Credit cards Credit cards can be very useful but make sure you can make the payments on you credit card by the due date. This due date is very important because any late payments may have legal consequences and can mean more money in legal costs. So, before you enter an agreement for a credit card, you should always make sure you know: how much the payments will be; when you must pay by (due date); and if you can afford to make those payments.
If your bank offers to increase your credit limit you should think about it carefully before agreeing or refusing. Credit cards have high interest rates, usually between 13.5% and 21% per year. Paying a high rate of interest can be a big waste of money. It is best if you can pay off the total amount owing each due date. If you can pay off the total each time, then you may not have to pay any interest. If you cant pay the total amount, make sure you pay regular amounts. If you can, pay more than the minimum amount shown on your bill so that you are paying back your debt and not just the interest. If you need to buy something expensive, like furniture or appliances, you might be able to get a loan with a lower interest rate or you might get finance through the shop where you buy it at a lower interest rate. If you have a high credit card debt you can try these things to help pay it off: Contact the credit card company and ask them to lower the interest rate for you. This may work because they would rather help you pay the money back than have to take legal action against you to get the money back if you cannot pay. Some credits cards have a lower rate of interest for the first few months. You can transfer the debt from other credit cards to a new credit card with a lower interest rate. You must try to pay off the debt while the interest rate is low. This is called a balance transfer.
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17.3 Getting the right loan for you

Before getting a loan, you should tell the lender if you are a low-income earner or a disadvantaged person. This will help the lender to give you the best loan to suit your needs and financial circumstances. 17.3.1 Buying property, shares and other assets If you want to buy a house, land, shares or other assets and you are not an Australian citizen or permanent resident, you will need permission from the Foreign Investment Review Board (FIRB). Foreign Investment Review Board Tel: (02) 6263 3795 Website: www.firb.gov.au
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You may be able to get a loan from a bank that has a lower rate than your credit cards. You can use the bank loan to pay off all the credit cards so that you have one debt to the bank with the lower interest rate.
17.5.1 Budgeting to get out of debt If you really want to make your debt smaller, you need to make a budget and stick to it. You need to decide which debts are the most important so you can pay them first. Your most important debts may include: rent/ mortgage, electricity, telephone, gas, food, car payments and secured debts. A secured debt is a debt owing to a lender where the lender has the power to sell your property, like your house, car or furniture, if you do not pay. Unsecured debts such as credit cards are the last priority. 17.5.2 Talking to your creditors It is important to talk to your creditors if your financial situation changes. If you are having financial problems, you should tell your creditor in writing as soon as possible. If you cannot tell them in writing, contact them by phone and make sure you write down the name of the person you speak to, their role, and the time of the call. If you do not tell the creditors in advance about your situation, and you are late in your repayments, the creditors may send you a letter demanding the money due. This is called a letter of demand. If you ignore these letters, the creditors may have no choice but to sue you in court. It is therefore very important that you respond to these letters by contacting your creditors. If you have more debt than you can manage, you may be able to talk with your creditors. If you talk with your creditors you may: get more time to pay; get late fees dropped; and/or pay off less than the full amount of your debts.
17.4 Credit checks

As soon as you get a credit card or loan, credit reporting agencies will begin to keep a record of how you manage your debts. Organisations like banks and phone companies can ask to check this record before they give you a loan or enter an agreement with you. You can find out your credit rating by contacting any of these credit reporting agencies: Veda Advantage Tel: (02) 9464 6000 Website: www.vedaadvantage.com or www.baycorp.com.au Dun & Bradstreet Tel: 13 23 33 Website: www.dnb.com/au Legalco Business Information Tel: (02) 9283 5111 Website: www.legalco.com.au/html/credit_reports.html
17.5 Getting out of debt

Many people run into trouble when they cannot pay money they owe. There are various websites that give advice on getting out of debt: Consumer and Credit Legal Centre Website: www.cclcnsw.org.au/ LawAccess Online Website: www.lawaccess.nsw.gov.au/ The Debt Handbook is available for free from NSW Young Lawyers. Tel: (02) 9926 0270 Website: www.younglawyers.com.au
Example: if you owe $200, the creditor might accept $150 instead of $200 if you can pay it straight away so they dont have to keep chasing you. What can you afford to pay? When working out what you can pay, you should remember that you will need money left over to buy food or medication. You should tell the creditor this if you are worried that you will not have enough money left over.
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What if the Creditor says no? If a creditor does not agree to give you more time or accept a smaller amount you may be able to: get a financial counsellor to speak to them for you; or if the debt is large or you have many debts, you could ask a lawyer to write a letter asking for extra time. This will cost some money, but it may be worth it.
Fido Website:
www.fido.asic.gov.au/fido/fido.nsf
Credit and Debt Hotline Tel: 1800 808 488
17.6 Complaints about Creditors
There are many organisations that can help you get out of debt (for example by writing a letter) if you are in this situation, including community legal centres. Information on who to contact to get help is provided below. What if the Creditor decides to sue? If the creditors want to sue you for the money you owe them, they will give you a document called a Statement of Claim. A Statement of Claim is a legal document they give to the court to begin the court process. You have only 28 days to respond to this document (the 28 days includes weekends). If you do not do anything within 28 days, the creditors may automatically win the case. That means that you will have a court judgment made against you that confirms you owe the debt. There are very serious legal consequences to this. Therefore, if you receive a Statement of Claim, you should talk to a lawyer straight away. Below is a list of places you can go to get free legal advice. 17.5.3 Where to go to get help? LawAccess Community Legal Centres Legal Aid Commission of NSW Consumer Credit Legal Centre Inc. Tel: (02) 9212 4111 Website: www.ccls.org.au
Most banks and credit card companies must follow rules about how they offer credit or loans to you. For example, they usually need to: ask questions about your ability to repay before you sign any agreement; let you know what to do if you have a dispute with them; try to help you fix your financial problems.
17.6.1 What can I complain about? Sometimes you can make a complaint if you think that your bank or credit card company has not acted reasonably or did not treat you very well. Normally, you need to complain directly to them first. If you are not happy with the result of your complaint, you can then complain to an independent body. There may be limits to the types of complaint that you can make and the amount of compensation you can claim. 17.6.2 Who can I complain to? For bank and non-bank members: Banking and Financial Services Ombudsman Tel: 1300 787 808 Website: www.bfso.org.au For credit union members: Credit Union Dispute Resolution Centre Tel: 1300 780 808 Website: www.cudrc.com.au
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For other lenders and brokers who are members: Credit Ombudsman Scheme Tel: 1300 780 808 Website: www.creditombudsman.com.au 17.6.3 Harrassment by Creditors By law, debt collectors must not harass someone about a debt. If you feel harrassed, you should report to the following agencies depending on the type of debt you owe: the Australian Securities and Investment Commission (ASIC) - if the debt relates to loan repayments; the Australian Competition and Consumer Commission (ACCC) - if the debt in question was not a loan; the Office of Fair Trading - for all kinds of debts; the Police. Australian Securities and Investments Commission Tel: 1300 300 630 Website: www.asic.gov.au Australian Competition and Consumer Commission Tel: 1300 302 502 Website: www.accc.gov.au Office of Fair Trading Tel: 13 32 20 Website: www.fairtrading.nsw.gov.au
18
CONSUMER PROTECTION
18.1 Introduction
A consumer is a person who buys a product or service. When buying products or services you should find out: what are the benefits and disadvantages ? what are the common mistakes? what can you do if you have any worries about the product or service? These are some of your rights as a consumer.
18.2 Buying in a shop

18.2.1 What to look for before you buy a product When you buy a product its quality and quantity must match certain guidelines under the law. A product must: not be broken (unless you knew this before you bought the product); do what the shop says it will do; match the product you were shown; and be the same as it was described.
If you buy something, you should: compare prices in other shops before buying; always ask a salesperson to explain to you anything you do not understand about the product, including warranties, return policy etc.
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find out about shop policies on sale goods, and second hand goods; and always keep your receipt, quotes, warranties and contracts and any documents you get.
18.2.5 What are lay-bys? Lay-bys are purchases where you pay for the product over a period of time set by the shop. You can take the product home when you have finished paying for it. This helps you pay for a more expensive item slowly. You should always receive a written statement with the terms and conditions of the lay-by. You should keep this and read the conditions carefully. 18.2.6 Can I return the product? If a salesperson sells you a product that does not meet their obligations, you usually have a right to get your money back when you return the item. This is called a refund. It is against the law to display a no refunds sign. Remember that you should always keep your receipt to get a refund. Sometimes the shop may choose to have a policy of exchange or in-shop credit (that is, they will not give you your money back but will give you another product of equal value to what you paid). Some shops have a no questions asked refund policy, and will refund your money as long as you have a receipt or some other proof of purchase. It is important to make sure you understand what the refund policy of the shop is before you make a purchase. The seller does not have to refund your money just because you decide later on that you do not like or no longer want the product. Some shops allow you to swap the product for something else but they do not have to. You do not have a right to a refund for damage to the product caused by you. To get a refund there needs to be something wrong with the product or the way it was described. Even if a shop tells you that you cant return a product, you might be able to if the product is different to how it was described or it does not do what it says it will do. 18.2.7 Warranties Some products are sold with a warranty that applies to that product. A warranty usually means that the seller or maker will replace or repair any defects in the product for a period after you buy it. When you buy a product you should check if there is a warranty and if any conditions apply. You usually have to show your receipt to claim a
18.2.2 Consumer protection A seller is not allowed to be dishonest or lie to you when you are buying a product or service. This means that sellers cannot: accept payment for goods or services they will not provide; tell lies about the quality, newness, or origin of a product or service; use violence or harassment to make you to buy a product or service; or sell goods to you that are banned for safety reasons.
18.2.3 What should you pay for a product? If a product has a price tag, you are only required to pay that price. In some shops you can bargain with the salesperson for a lower price. But, if the salesperson tells you that the price is actually higher than the price on the price tag, then it might be against the law to charge you the higher price. If there are two different prices on one item, you have a right to pay the lower price. You should always check your receipt. 18.2.4 What if the product is a sale item? It is against the law for a shop to advertise products as being on sale when they are actually being sold at the regular price. When a product is advertised as a sale item, the shop must have that product available at the sale price for a reasonable length of time. It might be against the law for a shop to advertise a sale price on a product that they cannot provide, and then sell you a more expensive item. When you buy a product on sale, the rules are different. You cannot return some sale goods, so make sure you know about the shop policy on sale items before you buy goods from there.
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warranty so keep all receipts or proof of purchase for your product. Some warranties may require you to send a special card that they provide to the manufacturer to start the warranty. Warranties are usually written in legal language and can be quite long. You can ask the salesperson to explain the warranty and conditions before you buy the product if you do not understand. All new products should have a warranty. If you buy products second hand or at an auction, different warranties will apply. It is important that you check second hand products or products bought at auctions very carefully before you buy them.
18.3.1 Consumer protection for specific issues Contact the NSW Office of Fair Trading for information about specific problems. The factsheets on their website are very useful and available in other languages. Buying a Car There are special laws to protect you when you buy a new or used car from a caryard. These laws do not always protect you if you are buying a car privately. For example, if you are buying a car advertised in a newspaper then you must check if the car is stolen or if someone owes money on the car. You do this by contacting Register of Encumbered Vehicles. You can also pay the NRMA to look at the car and make sure there is nothing wrong with it. If you need to borrow money to buy a car, some caryards offer finance. You should make sure you understand the terms of the loan before you sign. You should make sure you can afford to pay the loan off. Often it is cheaper to get a loan from a bank, rather than the caryard. You should always ask if you will have to pay extra to get the car registered and insured. These extra costs are sometimes called on-road costs. Before you buy a car you should read The Car Buyers Handbook, which you can get for free from the Office of Fair Trading (see the end of this chapter for contact details). 18.3.3 Problem solving and further information If you have a problem with a product or service you have bought, you need to act quickly. You should speak to a senior person in the shop or the service provider where you purchased the product or service. It is better if you can put your complaint or problem about the product or service in writing to the shop or service provider as well. You can ask someone else to help you write this letter. If your problem cannot be settled by the shop or service provider, you can find further help from an industry body or professional association which might help you solve your problem.
18.3 Buying services

You also have rights if services you buy do not meet basic levels of quality and performance. Services you buy must: be carried out with skill and care; achieve the purpose they are supposed to; and meet any specifications, descriptions or quotations given by the service provider.
If the service is not what you were promised, you have a right to ask for additional services to fix the situation. You can ask that the services are performed again without charging you more money. You can get a written quote for the total cost of the services and a detailed description of the services before you agree to the services to be performed. This will make it easier for you if you need to complain about the services provided to you. Sometimes, service providers will only give a quote of the costs for a fee. When you ask for a quotation, remember to ask if it is provided free of charge or whether there is a fee. You should not have to pay for any services you did not ask for or did not agree to. Remember, always get a receipt for any amount of money paid for the service provided. You should also keep a copy of any contracts you sign.
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If problem is still not resolved, you may find help from NSW and Federal government agencies including: NSW Office of Fair Trading This is an excellent site that has lots of information about your rights as a consumer. Information is available in many languages. Tel: 13 32 20 Website: www.fairtrading.nsw.gov.au Law Access NSW Tel: 1300 888 LAW (1300 888 529) Website: www.lawaccess.nsw.gov.au Consumer, Trader & Tenancy Tribunal (CTTT) Tel: 1300 135 399 Website: www.fairtrading.nsw.gov.au/cttt.html Australian Competition and Consumer Commission (ACCC) Tel: 1300 302 502 Website: www.accc.gov.au Consumer Online This is an Internet site that provided lots of general information about consumer rights in Australia. Website: www.consumersonline.gov.au Choice Magazine This Internet site provides reviews and tips on consumer products like televisions and mobile phones. Some of the articles are free. Website: www.choice.com.au
19
FINANCIAL SERVICES
In order to make good decisions about how to manage your money, it is important to know about how financial services and products work. The Australian Securities & Investments Commission (ASIC) is the government body responsible for consumer protection in areas such as: deposit taking (banking); general and life insurance; superannuation; retirement savings accounts; and credit products and shares.
ASIC has published consumer information booklets on its website (see details below) which cover topics such as: budgeting; managing loans and mortgages (buying a house); insurance; getting the most from superannuation; and starting to invest.
They are a good general starting point; however, if you want personal financial advice, you may need to see a licensed financial adviser. A licensed financial adviser has an Australian Financial Services (AFS) licence or is an authorised representative of someone with an AFS licence. The licensed financial adviser must give you a Financial Services Guide that explains basic information on the type of services that the financial adviser is allowed to give you.
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For general inquiries about financial products, financial services and the role of ASIC you can email infoline@asic.gov.au or phone 1300 300 630. Information about companies and financial professionals can be found at www.asic.gov.au. More information on how you are protected when using financial products and services can be found on this government website: www.fido.gov.au. This site is very good and helpful. It has a lot of information and things you need to know about: financial products services; getting advice about your money; and tips for managing your money.
20
WILLS
20.1 What is a will?
A will is a legal document that you make which sets out who will get your money and your assets after you die. A person who gets something under your will is called a beneficiary. You can also use a will to choose a guardian to look after your children when you die until they are old enough to look after themselves.
It also has information about scams and tricks you should be aware of and how you can make a complaint. The website also has lots of information in many other languages.
20.2 Who can make a will?

To make a will you must: be over 18 years old; understand the legal effect of a will; know how much money or how many assets you have; keep in mind people who will expect you to leave them something in the will; and not have a mental illness or mental disease that stops you making good decisions.
20.3 Where do I start?

You can make your own will in your own words. It is a good idea to ask a lawyer to make your will, especially because lawyers usually may do it for free. You should definitely speak to a lawyer if you have many assets, a mortgage or want to give something to a child. The Public Trustee can draft your will for free but you have to appoint them as your executor. The Public Trustee charges an administration fee for being the executor.
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20.4 How do I do it?

To be valid, a will needs to be: in writing (handwritten or typed); signed by you; and witnessed two witnesses must be present with you when you sign your will. They also have to sign the will in your presence, although they do not have to sign it at the same time. There are special rules for people who cannot see, read or write or who need an interpreter.
20.7 What if I want to change my will?

You should keep your will up to date. You can change your will at any time. If you want to change your will you should really make a new will rather than crossing things out on the old will. You will definitely need to change your will if: you marry or re-marry (because the old will is automatically cancelled); or you divorce or separate (because anything you gave to your former spouse is cancelled).
20.5 Can the will say whatever I want?

Yes it can. You can give money and assets to anyone you choose. But you should leave enough money or assets for your spouse and children otherwise they could challenge your will and a court could change it to give them some money or assets.
It is recommended that you change your will if: you change your mind; your assets change or you no longer have them; your spouse dies; you have children or grandchildren; your children marry or divorce; the executor is no longer able to be an executor; or a beneficiary dies.
20.6 Who makes sure my will is carried out when I die?

You need to choose someone to look after your estate and carry out the wishes of your will when you die. This person is called an executor. You can have more than one executor and they can be anyone you like. They should be someone the same age as you or someone younger than you. If you choose a lawyer, they will usually charge a fee. Make sure you trust your executor and make sure the person wants to take on the responsibility. This is what an executor has to do: the first thing an executor needs to do is ask a court to approve the will. This is called a grant of probate; then the executor can organise paying your taxes and debts; and finally the executor will distribute your money and assets the way you wrote in your will.
20.8 Where should I keep my will?

A will is only useful if it can be found when you die: keep your original will in a safe place. Lawyers, banks (banks will charge a security packet fee) and trustee companies can keep them safe and often for free; keep a copy at home and write on it where the original is; and tell your executor or executors where the will is.
20.9 What if I die without a valid will?

Intestacy rules apply if you die without a valid will. These are automatic rules that determine who gets your money and your assets, depending on what your family situation is like when you die. Having a will is important otherwise you have no choice in who gets your money and assets after you die. In some rare cases, if you have no close relatives, then your money will go to the Government.
You can also give your executor extra instructions with respect to small personal possessions that are not in the will.
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GLOSSARY
You might see these words used in court, in legal documents or in this handbook. 1800 A 1800 telephone number is free to call. Affirmation: In court, an affirmation is a binding promise by a witness to tell the truth. It is like an oath for people who do not believe in a God. (see Oath) Acquittal: A decision by a court that a person is not guilty of the crime they were charged with. Arrest: When the police arrest a person, they usually take them to a police station because they suspect the person committed a crime. Bail A court or the police can grant bail to a person who is charged with a crime which means they do not have to stay in prison for the time leading up to the trial. It may mean the person or their family has to pay an amount of money.
Conviction: A decision by a court that the person is guilty of a crime. This can only happen after a criminal trial or if a person pleads guilty. Creditor: A person who is owed money. Cross-examine: To ask a witness for the other side questions after they have given their evidence the first time. This tests the truth or reliability of their evidence. Cross-examination happens in both civil and criminal trials. Custodial: Used to describe a sentence for a crime. It means a time spent in prison. Damages: In a civil court, this is an amount of money to cover loss or damage to a person or their property when someone does something wrong or negligent. (see also Negligence) Equity: Legal principles which operate together with the strict rules of the common law to make a fair result if the strict rules would be too harsh in the situation. (see Common law) Jurisdiction 1. The area or issue of law that a Court or Tribunal is allowed to make decisions about. For example, the Land and Environment Court can only make decisions about environment and land issues. 2. The limits of geographical area in which a Courts or Tribunals power can be used. For example, the Supreme Court has jurisdiction in NSW. Medicare: The organisation which manages State-paid or subsidised health care. Negligence: A type of tort. It is a when person A fails to do something when they have a duty of care to do something. If this causes loss or damage to person B or their property then person B can sue. Oath In courts, a binding promise by a witness to tell the truth. An oath is sworn on a religious book, such as a bible or a Koran and is for people who believe in a God (see also Affirmation). Onshore application In migration law - an application for a visa made while in Australian territory.
Barrister: A lawyer that specialises in representing people in court. Centrelink: The organisation which manages State social security payments and benefits. Charge: In a criminal case, charge is used to describe the crime a person is accused of committing. Charged: A person is charged when they are arrested and formally accused by police of committing a crime. Civil law: Areas of the law that are not criminal. For example, Tort Law and Family Law are areas of civil law. Common law: Law developed through decisions made by judges in court. (see Statute) Contract: A legally binding agreement between two or more people. A contract can be spoken, written down or made by actions that show you have agreed with other people (or sometimes a combination of these).
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Person: A reference to a person in this glossary may include reference to a company or other organisation. Plea: In a criminal case, a plea is the accuseds response to the charge. The accused can plead guilty or not guilty. Sentence: A punishment for a crime that a court orders. For example, criminal courts can order a custodial sentence. Social security: Government payments for financial support and some welfare services. It is managed by the State authority, Centrelink. Solicitor: A lawyer that specialises in giving legal advice. Solicitors can also represent their clients in court. Spouse: A husband or wife. Statutes: Laws made by Parliament. Sue: To start legal proceedings in a civil court against someone. Summary offence: Minor criminal offences such as traffic offences, which are heard by magistrates in the local courts. Tort: A wrong that gives the victim a right to sue for damages and other remedies. Some examples of torts are: trespass, negligence, theft and assault. Tribunal: A tribunal is like a court but it is outside the normal court system. Usually the procedures are more informal. TTY: This is a teletypewriter service for people with hearing difficulties. Warrant: An authority from a judge or magistrate for police to do something, such as search a place or arrest a person.
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A GUIDE TO THE LEGAL SYSTEM IN NSW

New Land New Law. A Guide to the Legal System in NSW

New Land New Law. A Guide to the Legal System in NSW

New Land New Law. A Guide to the Legal System in NSW

New Land New Law. A Guide to the Legal System in NSW

LAWYERS AND LEGAL SERVICES

New Land New Law. A Guide to the Legal System in NSW

Community Legal Centres (CLCs)

1.3 Legal Aid Commission of New South Wales

Law Access New South Wales

Legal Aid Youth Hotline (under 18 years old): Tel: 1800 10 18 10

New Land New Law. A Guide to the Legal System in NSW

New Land New Law. A Guide to the Legal System in NSW

1.6 Private lawyers

The Law Handbook 2007

New Land New Law. A Guide to the Legal System in NSW

New Land New Law. A Guide to the Legal System in NSW

SUPREME COURT OF NSW

2.4 Civil and Criminal matters

2.3 Important points to remember

2.5 Court contact details

New Land New Law. A Guide to the Legal System in NSW

New Land New Law. A Guide to the Legal System in NSW

3.2 What type of visa do I hold?

3.3 Do I need to report to anyone on my arrival?

3.4 Understanding the rules of your visa

New Land New Law. A Guide to the Legal System in NSW

New Land New Law. A Guide to the Legal System in NSW

3.5 Your visa can be cancelled

3.7 Immigration detention

New Land New Law. A Guide to the Legal System in NSW

New Land New Law. A Guide to the Legal System in NSW

3.8 Refugee or protection visas

3.10 Other Useful Contact Details

New Land New Law. A Guide to the Legal System in NSW

New Land New Law. A Guide to the Legal System in NSW

New Land New Law. A Guide to the Legal System in NSW

Victimisation is when someone treats you badly because you:

What you can do

New Land New Law. A Guide to the Legal System in NSW

New Land New Law. A Guide to the Legal System in NSW

6.2 Finding accommodation

(02) 9268 5588 privacy_nsw@agd.nsw.gov.au www.lawlink.nsw.gov.au/privacynsw

New Land New Law. A Guide to the Legal System in NSW

Applying for a tenancy

Signing the tenancy agreement

New Land New Law. A Guide to the Legal System in NSW

Your responsibilities as a tenant

Your rights as a tenant

Ending your tenancy

New Land New Law. A Guide to the Legal System in NSW

6.12 Consumer, Trader and Tenancy Tribunal

6.10 Termination for a breach of the lease agreement

6.13 Types of housing

6.11 If you want to end your lease agreement early

New Land New Law. A Guide to the Legal System in NSW

New Land New Law. A Guide to the Legal System in NSW

6.14 Tenancy Advice Services

New Land New Law. A Guide to the Legal System in NSW

New Land New Law. A Guide to the Legal System in NSW

7.4 Helpful contacts

7.2 Less serious offences

7.3 Driving licenses