| Chapter List
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| Queensland
Law Handbook 9th Edition
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1: Where the law comes from
Chapter 1: Where the law comes from An understanding
of any legal issue starts with an understanding of exactly where the
law comes from. This chapter explains the two main sources of Australian
law: common law (made by courts) and legislation (made by parliament).
It describes how and by whom the law is made, where to find the law
and how to interpret and understand it. This chapter
provides an overview of the Australian court structure. It includes
a discussion of the two tiers of courts which operate in Queensland
- state courts & tribunals and Commonwealth courts & tribunals.
The jurisdiction, i.e. the power of a court to hear certain cases and
make decisions, of the various courts is explained. In particular the
difference between the civil and criminal jurisdiction is outlined.
The State courts that are covered include the Magistrates Court, District Court, Supreme Court and the Court of Appeal. Chapter 3: Accessing legal assistance and resolving disputes When a person faces a legal issue, it is important to know the most effective way to go about solving it. First of all, it is important to know when to get legal assistance. This chapter provides an overview of when to get help, how to find a
lawyer, what the lawyer's responsibilities are to the client and any
costs. Details on how to formally complain about a lawyer are also included.
The topics of self-representation and alternative dispute resolution
are also covered. Chapter 4: Self-representation This chapter contains information
for people who are involved in a hearing and wish to represent themselves.
It sets out some of the terms commonly used in trials and hearings and
some of the basic court procedures. Self-representation simply means
that a party does not have legal representation. This means that party
will receive all documents and notifications from the court directly,
will have to attend the court hearings and will need to give an address
to the court and any other party involved in the hearing. Chapter 5: Consumers and contracts Almost all
interaction in daily life involves contracts. It is important to understand
the basic legal principles involved in a contract's creation, content
and end. This chapter explains the essential requirements of a valid
contract, gives information about consumer protection laws and what
you can do about a breach of contract. Chapter 6: Consumer credit and banking With most
people in Australia today owning a credit card or having some sort of
loan, it is good to know the laws about credit and banking. This chapter
outlines the laws affecting credit ratings and reporting and the relationships
between customers and banks. It also talks about interest rates, fees
and charges, mortgages and guarantees. Does someone
owe you money? Are you swamped by debt? Being harassed by debt collectors?
This chapter takes the mystery out of the court processes involved in
recovering debts. The chapter gives an easy-to-understand explanation
of all the stages of debt collection and offers valuable tips and contacts for further information and assistance. This chapter
deals with bankruptcy, the legal process where the financial affairs
of an insolvent person are administered. Insolvency is when a person
cannot pay their debts as they fall due. The chapter provides an important
discussion on the choice of whether to bankrupt or not and the advantages
and disadvantages of each. The criteria for bankruptcy are outlined
as well as the rights and responsibilities of the bankrupt. Most Australians,
at some time, need information about tax. This chapter focuses on income
tax and outlines who must file a tax return at the end of each financial
year, which form to use and when and where to file a return. Other taxes
such as fringe benefits tax, stamp duty, payroll tax, land tax, customs
and excise duty and goods and services tax are explained. The chapter
can also help you with information on what to do if you think a tax
assessment in wrong. The
recent crisis in personal injury and public liability insurance has
focused attention on this important but little understood area of law.
What is insurance? Why insure? What are the different types of insurance?
What must you disclose in applying for insurance? This chapter gives
insight into these commonly asked questions and explains the process
in making a claim and dealing with disputes about insurance. This chapter
describes various aspects of employment such as the contract of employment,
awards and agreements and the employees' rights, e.g. sick leave, annual
leave, minimum wages, parental leave, working times, unfair dismissal
and superannuation. Also the obligations of the employee and employer
are discussed. Chapter 12:Pensions and allowances Social Security
is a government scheme that many Australians rely on as a means of income.
This chapter describes the different payments that are offered, such
as pensions, allowances and entitlements. The criteria for these payments
and the rates used to determine them are included along with the information
that Centrelink can get from an individual. Specific pensions and benefits
are discussed and the procedure for appealing against a Centrelink decision
is included. This chapter is divided into seven parts and deals with:
Along with
the responsibility of caring for children, come many issues parents
and carers are faced with. The chapter outlines the laws that regulate
the way in which children are cared for, the duties and responsibilities
of people who look after children and the rights of children themselves.
In particular, parents may face lots of issues relating to children
such as proof of paternity, a child leaving home, corporal punishment,
sex, abortion, medical treatment, child abuse, child protection orders,
fostering, employment, school attendance, drinking, voting, smoking
and driving. All of these topics and more are discussed. Everyone has
a neighbour, whether it be the nice old lady next door or the young
uni students who play their music too loud. Sometimes neighbours have
disputes such as disagreements about fences, barking dogs, trees, noisy
parties, the state of repair and maintenance of adjoining properties.
This chapter deals with common nuisance complaints about neighbours
and how to resolve these disputes through mediation or legal action. To make sure
that a person's possessions are distributed in a particular way when
they die, a will is essential. A will is a document that sets out the
wishes of a person regarding the distribution of their estate upon death.
The chapter outlines who can make a will, the formalities that a person
must comply with when making a will and how a will can be changed. Upon
death, the property of the deceased must be collected and distributed
in accordance with the terms of the will. This chapter outlines how
this is done and the issues involved. It also describes contesting a will. Chapter 17: Individual decision making Decisions, decision. Adults
need to make decisions which impact on their well-being, lifestyle,
finances and property. They can lose the ability to make decisions for
themselves in a range of circumstances. This chapter explains how the
law provides for other people to make a decision on behalf of someone
with impaired capacity. General and enduring powers of attorney are
explained in terms of how they can be made, what decisions they cover,
whether they can be revoked and the duties of the attorney. The Advanced
Health Directive, the document an adult can use to give directions about
future health care, is also covered. Chapter 18: Laws affecting people with disabilities While people
with disabilities are generally subject to the same laws as the rest
of the community, some laws have particular relevance to people with
disabilities. This chapter provides an outline of those laws with particular
emphasis on the rights of people with disabilities and the criminal
law. Rights in the areas of housing, education, health, personal relationships
and contracts & consumer protection are covered. In particular the
law regarding the discrimination against people on the basis of their
disability is discussed. If a person with a disability becomes involved
with the criminal justice system, the capacity of the person to give
evidence may arise as an issue. The chapter also looks at the capacity
of a person with a disability to make a valid will and to vote. Chapter 19: Mental health laws Mentally ill
people may be affected by laws which regulate their treatment, their
rights and their obligations. This chapter explains these laws. Specific
laws provide for the involuntary assessment and treatment of mentally
ill people who are either incapable of consenting or who refuse to consent.
Other laws concern the application of the criminal law to mentally ill
people. These laws determine questions of criminal responsibility and
fitness for trial. Other laws concern the rights of patients and the
capacity of mentally ill people to enter into contracts, make a will,
vote in elections or marry. There are also laws enabling the financial
affairs of a mentally ill person to be responsibly managed. Chapter 20: Changing your name For a variety
of reasons, a person may wish to change either their given names or
surname. This chapter outlines the ways a person can change their name
informally or formally by simply using a new name or as result of marriage
or divorce. Chapter 21: Building and buying a home A contract
to buy or sell a home is the most important contract most people will
ever make. It is important that the purchase or sale is made carefully
and correctly. Similarly, maintaining a home and undertaking repairs
or renovations can be significant. This chapter outlines the laws relating
to buying a home, in particular getting finance and the formation of
the contract. It also details the laws related to selling a home, building
a home or carrying out renovations. Chapter 22: Residential tenancies With a large
portion of the population choosing to rent, it is important to understand
the legal issues relating to rental accommodation. This chapter gives
an overview of the law relating to residential tenancies in Queensland.
Issues such as the payment of rent and bonds are discussed, as are the
rights and obligations of the lessor and tenant. The law about the end
of a tenancy agreement is also covered. Because residential tenancies
affect caravan park tenancies as well, this area is also discussed. The
chapter also covers the basic laws which affect boarding houses,
lodging arrangements and public housing. Chapter 23: Other accommodation options Every family
will at some time need information about accommodation options available
to older people. The need to move from a family home can arise suddenly
and unexpectedly. Clear, independent information will be important to
choosing the right option. Important issues to be considered include
the level of care provided, security of tenure, fees and required payments
and how complaints are dealt with. This chapter provides an overview
of options from help while staying at home, mobile homes, hostels, retirement
villages and nursing homes. Retirement villages are covered in detail
from buying a unit to living there or moving out. Chapter 24: Laws affecting the environment There are
many laws that exist to protect our environment. This chapter explains
the laws governing various aspects of the environment such as planning
and development, mining and petroleum, vegetation management, nature
conservation, water, fisheries, environmental harm and pollution, cultural
heritage and taking action to protect the environment. Over the years Caxton Legal Centre has written more about crime than the author John Grisham. The 9th edition is full of information about:
All of this,
together with an overview of criminal defences, makes the QLH an invaluable
reference tool for anyone coming into contact with the criminal justice
system. Chapter 26: Dealing with victims of crime In Queensland,
victims of crime are given protection, information and support under
a number of laws. This chapter outlines the provision made for victims
within the criminal justice system including details of the services
available to support victims throughout criminal proceedings. Also,
information is provided about compensation for a victim's injuries arising
out of someone else's criminal behaviour. This chapter
deals with the administrative law as it applies to prisons. It deals
primarily with the law applying to prisoners in the custody of the Department
of Corrective Services. The sources of prison law, policies and procedures
are discussed. In particular, the question of how long a person will
be in prison is addressed. The procedure of going to prison once arrested
is outlined, including what happens when a person gets to prison, security
classification, protection, transfer and placement etc.. The law relating
to contact with people outside prison is included, as are some aspects
of life on the inside such as accommodation, food, exercise and prison
employment. The policies of prison discipline and control are looked
at, and the options of release to work, parole and early discharge are
discussed. Chapter 28: Accidents and injuries Part 1 - General
principles Part 2 - Car and vehicle
accidents Part 3 - Accidents at work Part 4 - Accidents involving
defective premises and products Chapter 29: Complaints about government This chapter explains how to make
formal complaints about government. It deals with judicial review and administrative
appeals which can be used to review government decisions. Also, it describes
existing avenues of complaints about government administrative decisions,
including the offices of the Commonwealth and State Ombudsman and complaints
about police. The ombudsman's function is to receive and investigate
complaints about government administration. Chapter 30: Freedom of information Learn what
Freedom of Information (FOI) and privacy laws really cover. The chapter
outlines how the law creates a legally enforceable right of access to
documents held by government agencies and ministers; establishes a system
enabling individuals to request correction of information about their
personal affairs in documents held by government agencies and imposes
obligations on government agencies to publish information about the
agencies. This chapter also includes how to make a FOI application. Chapter 31: Discrimination and human rights Every person
has a number of basic human rights recognised under the law. One of
these basic rights is not to be discriminated against. This chapter
discusses the legal issues relating to anti-discrimination and human
rights. Included is a discussion of prohibited types of discrimination,
for example, sexual harassment and racial discrimination, and how to
complain if you have suffered any form of discrimination. In particular,
discrimination in employment and occupation is covered. Chapter 32: Incorporated associations Non-profit
community groups such as sporting clubs, charities, interest groups
and community associations can be formally incorporated and recognised
by the law. This chapter covers some of the basic concepts and procedures
for incorporating an association. It includes a discussion of what incorporation
is, which groups can and cannot incorporate and details of the actual
incorporation process. (Further information on this topic is available
in the Incorporated Associations Manual,
published by Caxton Legal Centre Inc.) Chapter 33: Complaints against professionals When we engage
the services of a professional we expect quality service. However, in
some situations, this is not what we get. This chapter looks at ways
of making and resolving complaints about service by professionals such
as architects, engineers, accountants, doctors and dentists. This chapter
explores the interaction between sport and the law as it relates to
the participants, coaches, officials, spectators and administrators
from school or local teams to unorganised park and backyard games, to
those associated with national sporting competitions. In particular,
it discusses the structures of sporting organisations, the promotion
and ownership of sporting events and sporting tribunals and other methods
for resolving disputes. Chapter 35: Copyright and intellectual property Copyright
is a property right which gives the owner the right to commercially
exploit a work or to sell or rent the right to others. Copyright law
is used to protect the rights of authors and creators of original works.
Moral rights, on the other hand, are rights which protect a creator's
reputation in relation to their work. Defamation concerns the public communication of words, images, acts or gestures that are likely to lower the esteem in which a person is held. This chapter authored by the ArtsLaw Centre of Queensland explains what consitutes defamation, the defences available to publishers of defamatory matter, the resolution of civil disputes, litigation and how to access further help. |