100 recent changes in WALawHbk Web retrieved at 00:23 (AEST)
InWhatCircumstancesCanYouApplyForReview
in WALawHbk
In what circumstances can you apply to review a government decision and Grounds for judicial review ADJR Act and State equivalents Judicial review principles ...
TypesOfReviewAvailable
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Types of review available for government decisions and Commonwealth Commonwealth government administrative actions or decisions may be tackled in the following...
RulesForGovernmentDecisionMaking
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Rules for government decision making and Introduction The bulk of government administration is carried out by state and commonwealth government departments. Ea...
NTContactPointsAndOtherResources
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Contact points and other resources and Native Title Contacts National Native Title Tribunal (The National Native Title Tribunal is an independent agency. The ...
AboriginalSites
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Aboriginal sites and Aboriginal Heritage Act 1972 (WA) The provisions of the Aboriginal Heritage Act 1972 (WA) (“the AHA”) are dealt with below. They are parti...
AboriginalReserves
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Aboriginal Reserves and Western Australia has never had land rights legislation as such. An Aboriginal Land Rights Bill was introduced into the State Parliament...
NativeTitleLaw
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Native Title Law and The Mabo Decision In June 1992 the High Court handed down its decision in the case of Mabo v the State of Queensland [1992] HCA 23; (1992) 175 CLR 1 (“Ma...
ATSIContactPoints
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Contact points and other resources and Legal Services * ALS of WA (Head Office)7 Aberdeen StreetPerth WA 6000Ph: (08) 9265 6666Toll free: 1800 019 900A/H Ph...
ATSILegalAssistanceInWA
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Legal assistance in WA and ALSWA The Aboriginal Legal Service of Western Australia (Inc) – often abbreviated to ALSWA or ALS – was established in 1973. ALSWA i...
ATSIDiscrimination
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Discrimination and Discrimination and racial and vilification remain a daily fact of life for many Aboriginal and Torres Strait Islander individuals. Both the S...
AboriginalChildrenAndTheLaw
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Aboriginal children and the law and Care and protection The Children and Communities Services Act 2004 (WA) (“CCSA”) is the primary piece of legislation in WA ...
ATSICriminalLaw
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Criminal law and Criminal procedure In Western Australia the Commissioner of Police has produced written guidelines for police officers to use in their work. T...
ATSIFamilyLaw
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Family law and In the family law jurisdiction, when the Court determines what is in the best interests of the child, one of the additional considerations that t...
KeyEventsAffectingATSIJusticeIssues
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Key events affecting ATSI justice issues and For a summary of key legal and political events impacting on Aboriginal people in WA since colonisation, see the bo...
AboriginalTraditionalLore
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Aboriginal traditional lore and For thousands of years before the arrival of Europeans in Australia, Aboriginal and Torres Strait Islander peoples had well deve...
ATSIIntroduction
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Introduction and Terminology The term Aboriginal and Torres Strait Islander peoples recognises the different cultural groups still existing in WA. This diversi...
IntroContactPoints
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Contact points and other resources and The following list of relevant sites is by no means exhaustive, but does give a series of jumping off points: * For Co...
FindingTheLaw
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Finding the law and A self represented litigant needs to be able to find out what the law really is in any given circumstances. This will mean studying Statutes...
Selfrepresentation
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Self representation and The fact that lawyers are very expensive is no secret. Many people who get involved in civil disputes or who are charged with criminal o...
Tribunals
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Tribunals and Tribunals are not part of the judiciary. They are dispute resolution bodies set up under laws passed by parliament and they are under the control ...
WhosWhoInTheCourts
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Who's who in the courts and All Courts have a basically similar makeup. If you enter a court, you will find that the judge or magistrate is raised above all oth...
TheCourtsCommonwealthCourts
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The Courts: Commonwealth courts and Federal Circuit Court of Australia The Federal Circuit Court jurisdiction includes family law and child support, administra...
TheCourtsStateCourts
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The Courts: State courts and As there are both State and Commonwealth governments in Western Australia, there are both State and Commonwealth courts. Magistrat...
TheAdversarialSystem
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The adversarial system and Legal disputes in Australia are resolved by way of an adversarial system. This means that the two parties to the dispute are each res...
SeparationOfPowers
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Separation of powers and The division of government into three separate areas with separate powers and responsibilities is known as the doctrine of Separation o...
WhoMakesTheLaw
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Who makes the law? and The answer, at least theoretically, is that as we are a representative democracy, we do! We elect people to speak for us in the parliamen...
WhatIsALegalSystem
in WALawHbk
What is a legal system? and A Legal System is the complete social structure that makes, oversees and enforces those rules. The Australian Legal System is made u...
WhatIsLaw
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What is 'law'? and People have a fairly clear idea about what “law” is. Generally, people see law as sets of rules. Any group of people that has to live togethe...
AboutTheWALegalSystem
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About the WA Legal System and The purpose of this introductory chapter is to provide a broad overview of the basic components of the Western Australian Legal Sy...
Resources
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Resources and Courts Tribunals Family Court of Western Australia Daily Court List Supreme Court of Western Australia Government Offices WA Department o...
AppealsAndReviews
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Appeals and Reviews and Appeals against a decision of a Magistrate and reviews of a decision made by a Registrar Subject to permission to appeal being necessar...
ApplicationProcedureForParentingAndFinancialOrders
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Procedure for applications for Parenting and Financial Orders in the Family Court and Making an application Pre action procedures Before a party makes an appl...
DeFactoRelationshipsShortRelationships
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De Facto Relationships that ended before 1 December 2002 or were of less than 2 years' duration and In Western Australia, the Family Court does not hear dispute...
PropertyAndSpousalMaintenace
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Property and spousal maintenance and In Western Australia this section applies to: * married parties; and * also to parties to a de facto relationship whi...
ChildSupport
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Child Support and Child Support is money paid by one parent (the 'payer') to the other (the 'payee') for the day to day living expenses of their child. All pare...
FamilyHMChildren
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Children and What law applies Where the dispute concerns the welfare of children whose parents are or have been married, the Commonwealth Family Law Act 1975 a...
HowToMakeAComplaint
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How to make a complaint? and A complaint can be lodged by sending a letter to the relevant Committee Secretariat or can be lodged by email (see contact details ...
WhySeekInternationalRemedies
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Why seek international remedies? and The most obvious reason for seeking an international remedy is that it provides another option if no remedy is available un...
UsefulLinks
in WALawHbk
Useful links and Mental Health Law Centre Community legal centre that provides free legal advice and representation to people who experience mental health issue...
MentallyImpairedAccused
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Mentally impaired accused and Persons accused of a criminal offence who suffer from a significant mental impairment may be managed under the Criminal Law (Menta...
Family
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Family and * Definitions * Marriage * De Facto Relationships * Breakdown of a Marriage or De Facto Relationship * Separation and Divorce * Chi...
WhatHumanRightsAreProtected
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What human rights are protected? and The international community has agreed to protect certain human rights that are outlined in a number of international human...
SeparationAndDivorce
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Separation and divorce and Separation Separation is when the parties no longer live together as partners. There is no such thing as a “legal separation”. Partn...
PatientsRights
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Patient's rights and A person has a right to be provided an explanation of their rights under the Act in the following circumstances: 1 When admitted to hosp...
TreatmentOfPatients
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Treatment of patients and The manner in which a person can be provided treatment will depend on what type of patient the person is for the purposes of the Act. ...
DeFactoRelationships
in WALawHbk
De Facto Relationships and What is a de facto relationship? A de facto relationship exists when two persons are in a relationship which has marriage like quali...
Legislation
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Legislation and The Mental Health Act 2014 (WA) (the Act) came in to force on 30 November 2015. This new legislation brought with it a greater focus on meeting ...
MentalHealth
in WALawHbk
Mental Health and This chapter provides a brief summary of the relevant provisions of the Mental Health Act 2014 (WA) focusing on the rights of patients subject...
Marriage
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Marriage and Who may marry A marriage is, in legal terms, the union between two people at the exclusion of all others, voluntarily entered into for life. This,...
FamilyDefinitions
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Definitions and Marriages Marriages are regulated by the Marriage Act 1961 (Cth) which is a Commonwealth law. It sets out who may marry, who may perform marri...
EffectOfConviction
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Effect of conviction and The effect of conviction is that a person is no longer a free citizen whose fate going forward is now determined by whatever sentence i...
Arbitration
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Arbitration and Arbitration is generally applied in the Commercial and Family Law area to resolve disputes quickly and inexpensively. Simply put, in arbitration...
Mediation
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Mediation and Mediation can be considered in most situations of conflict. Two criteria are essential for mediation to be commenced. The people in dispute need t...
WhereIsADRUsed
in WALawHbk
Where is ADR used? and Legislation or contractual arrangements give rise to differing legal rights and obligations in relation to ADR. Participation in ADR may ...
ApproachesToADR
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Approaches to ADR and The most widely used ADR approaches are: * Mediation * Conciliation * Arbitration Mediation Mediation is a process in which the ...
TypesOfADR
in WALawHbk
Types of ADR and Mediation, arbitration and conciliation are the most common ADR processes. The feature that all three have in common is that a trained, profess...
WhatIsADR
in WALawHbk
What is ADR? and ADR refers to processes, other than judicial determination, in which an impartial person (an ADR practitioner) assists those in a dispute to re...
AlternativeDisputeResolution
in WALawHbk
Alternative Dispute Resolution and The use of Alternative Dispute Resolution is becoming an increasingly popular means of resolving a variety of legal disputes ...
ReleaseFromPrison
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Release from prison and When prisoners are released, their personal belongings are returned to them together with any money earned, and not yet spent, while in ...
StatePrivacyLegislation
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State privacy legislation and The state public sector in Western Australia does not currently have a legislative privacy regime. Various confidentiality provisi...
OtherLegislation
in WALawHbk
Other legislation and My Health Records The Australian government’s digital health record system is known as the My Health Record system is. It contains online...
ThePrivacyAct
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The Privacy Act and The Privacy Act 1988 (Privacy Act) regulates how personal information is managed. Personal information is defined as: …information or an opi...
StateDutiesAndTaxes
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State duties and taxes and The following are duties and taxes imposed by state governments. In Western Australia, these taxes are administered by the Office of ...
GoodsAndServicesTax
in WALawHbk
Goods and services tax and Goods Services Tax The GST is a broad based consumption tax which aims to tax “private final consumption expenditure”. For the mos...
FringeBenefitsTax
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Fringe benefits tax and Fringe benefits are non cash benefits provided by employers as a reward to employees or their associates. These benefits include providi...
PayAsYouGo
in WALawHbk
Pay As You Go (PAYG) and The Pay As You Go (PAYG) system consists of three separate parts: 1 a PAYG withholding system; 1 a PAYG instalments system; and ...
PayingYourTax
in WALawHbk
Paying your tax and Generally, if you owe more tax than has been withheld from your income during the year, you must pay that tax by the due date as advised the...
PenaltiesAndOffencesRelatingToTaxReturns
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Penalties and offences relating to tax returns and If you have not complied with your tax obligations, you may become liable to penalty tax . Some of the penal...
PrivateRulingsAndOralRulings
in WALawHbk
Private rulings and oral rulings and If you are unsure about the tax treatment of various past or future receipts or expenditures, you may apply to the ATO for ...
Assessments
in WALawHbk
Assessments and Once you lodge your return, the ATO makes an assessment of the amount of tax payable, based on the information you supplied in the return and on...
FilingYourTaxReturn
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Filing your tax return and It is most likely that your tax return will be due on 31 October each year. If you cannot meet this date, you should lodge an applica...
TaxFileNumbers
in WALawHbk
Tax file numbers and As a taxpayer, you are required to have a tax file number (TFN). Apart from serving as a means of identification of individual taxpayers, t...
DividendsTheImputationSystem
in WALawHbk
Dividends: the imputation system and The imputation system was introduced to encourage people to invest in shares. Effectively, this system avoids double taxati...
CapitalGainsLosses
in WALawHbk
Capital gains/losses and If you sell, give away, assign or otherwise dispose of an asset which you acquired (or which the Acts regard you as having acquired) on...
WorkersCompensation
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Workers' compensation and Employer's obligations Workers’ Compensation insurance is compulsory for employers. This means that in Western Australia (as in all o...
InjuriesAtWork
in WALawHbk
Injuries at work and A worker who suffers injury or disease arising from their employment may have a right to payments under the Workers Compensation and Injury...
InjuriesAtHome
in WALawHbk
Injuries at home, on land or other premises and Injuries which occur in the home or on privately owned land or other premises may come under the area of law kno...
Injuries
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Injuries and There is no universal or comprehensive system for compensating people who have suffered injury or disease in Western Australia. In each State and w...
Bail
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Bail and After a person is arrested on a charge they are in the custody of the police. Bail is the conditional release of a person from custody. Every accused i...
Extradition
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Extradition and Inter state extradition Extradition is a process where a person is sent by a magistrate from one state or country to another, to be dealt with ...
ComplaintsAgainstPolice
in WALawHbk
Complaints and A person who has suffered mistreatment at the hands of police during their arrest, interrogation or prosecution has the right to make a complain...
MedicalExamination
in WALawHbk
Medical examination and During the investigation of a charge, the police may wish to obtain evidence through an examination of the person, the taking of swabs f...
IdentificationProcedure
in WALawHbk
Identification procedure and The police may request a suspect to take part in an identification parade. An identification parade usually involves the suspect be...
ArrestInterrogationAndBail
in WALawHbk
Arrest, Interrogation and Bail and * Arrest * Police questions * Confessions admissions * Identifying material * Identification procedure *...
IdentifyingMaterial
in WALawHbk
Identifying material and To establish whether a person has committed an offence the police may seek to obtain a sample of identifying material from a person. Th...
ConfessionsAndAdmissions
in WALawHbk
Confessions and Admissions and A confession is a statement by a person accepting that they have committed an offence. An admission is a statement by a person th...
PoliceQuestions
in WALawHbk
Police questions and The general rule is that you have a right to silence which means that you are not required to answer police questions. There are exceptions...
PrisonOffences
in WALawHbk
Prison offences and Breaches of discipline by people in prison are covered by the Prisons Act 1981. Sections 69 and 70 of the Prisons Act 1981 sets out what can...
Complaints
in WALawHbk
Complaints and Prisoners are required to promptly obey orders given by prison officers. If the prisoner has a complaint, he or she should obey the order but may...
PrisonerRights
in WALawHbk
Prisoner rights and Overview The Prisons Act 1981 and the Prison Regulations 1982 contain several provisions dealing with the treatment and management of priso...
Prisoners
in WALawHbk
Prisoners and As noted above, imprisonment is one sentencing option open in relation to certain crimes. The Prisons Act 1981 (WA) and related Regulations govern...
Parole
in WALawHbk
Parole and Parole is the conditional release of prisoners who have already served part of their sentence. It means prisoners can serve the remainder of their se...
PreparingForSentencing
in WALawHbk
Preparing for sentencing and A person getting ready to be sentenced should organise written references for the court and also prepare what is going to be said t...
SentencingForCommonwealthOffences
in WALawHbk
Sentencing for Commonwealth offences and Relevant principles in sentencing Section 16A of the Crimes Act 1914 (Cth) sets out the principles a court is to consi...
SentencingForStateOffences
in WALawHbk
Sentencing for State offences and Sentencing principles Where a person is convicted of a crime, that person is then sentenced in accordance with the Sentencing...
CarAccidentContactPoints
in WALawHbk
Contact points other useful resources and Persons who have suffered personal injuries as a result of a motor vehicle accident should seek independent legal ad...
SettlementOfClaim
in WALawHbk
Settlement of claim and Settlement for any personal injury claim should not be entered into until an injured person’s medical condition has stabilised. In the e...
ImportantTimeLimits
in WALawHbk
Important time limits and Lodging a Claim It is important to contact ICWA as soon as practicable after a motor vehicle accident to obtain the necessary claim f...
MinorsAndPersonsUnderADisability
in WALawHbk
Minors and persons under a disability and Where the injured person is under the age of 18 years or incapable of managing their own legal and financial affairs, ...
HowToMakeAClaimForCompensation
in WALawHbk
How to make a claim for compensation and CTP Scheme 1 Report your accident as soon as possible by using the Online Crash Reporting Facility: www.crashreport...
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