Questions tagged [australia]

Questions specific to Australia. For many questions, specifying the state will be required as legislation can be state-specific (notably criminal law).

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Explicit images sent by adults [duplicate]

I know that distribution and possession of any explicit images of children are illegal as it is child pornography. On the other hand, is it illegal for an adult to send explicit images of them to ...
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Explicit images sent to children

I know that explicit images of minors are illegal, as it constitutes child pornography. However, is it illegal for a child to consentingly receive explicit photos from an adult?
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3 votes
1 answer
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Is it illegal to tell people to photograph their completed ballots in a secret election?

Running with themes of "voter fraud" from the 2020 US Presidential Election, this 2022 Australian Federal election several minor parties and Independents are encouraging voters to photograph ...
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What are my rights with regarding privacy at Maccas drive through?

I have been informed that some of Maccas drive throughs are starting to use cameras with number plate recognition software, provided by https://summitinnovations.com/. What are my rights to privacy ...
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1 vote
1 answer
110 views

Jiu-jitsu at the office? Australian OH&S

Was wondering about the legalities about setting up a few mats at the office to train a martial art during lunch breaks in Australia (NSW). Is it even possible? Would we have to get staff to sign ...
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2 answers
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Foul-Mouthed Australian Teen Gets Dose Of His Own Medicine After Threatening An Elderly Man

This is a story of an Australian teen (https://hellocare.com.au/foul-mouthed-australian-teen-gets-dose-medicine-threatening-elderly-man/) who yelled at and threatened an elderly man and was grabbed ...
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1 answer
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Does the Australian Telecommunications and other legislation amendment Act 2018 put resrictions on indaviduals or OSS?

The Telecommunications and other legislation amendment (assistance and access) act 2018 allows the issuing of three types of notice relating to access to encrypted communication, either requesting ...
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1 answer
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Trademarks & International dealings

It is my limited understanding that when a trademark is registered - It is only country specific. However in this case an Australian cafe was sued by a French culinary school due to a similar name ...
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1 answer
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Does alternate spelling provide sufficient differentiation to avoid trademark infringement?

In Australia, one infringes on another's trademark if: The sign1 is substantially identical or deceptively similar or: The goods or services are closely related or in the same description or: The ...
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7 votes
2 answers
3k views

I am being threatened by a company to pay a disputed liability NOW or face additional Solicitor costs

I am from Australia. In Australia, any civil claim below $10,000 is considered a small claim and one cannot use a solicitor to represent himself in the small claims court. One may also not claim the ...
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3 votes
1 answer
128 views

Is it legal for a student to share a PDF version of textbook with other students that don't own the same one?

In Australia, teachers are permitted to photocopy 10% or one chapter of a textbook, whichever is largest, for educational purposes without permission from the publisher. In the Copyright Act 1986[1], ...
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Did Djokovic receive judgments from Australia's Federal Circuit Court, then Federal Court, more speedily than average?

I quote Paul Daly, University Research Chair in Administrative Law & Governance at the University of Ottawa (Faculty of Law, Common Law Section). Educated at University College Cork (BCL, LLM), ...
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10 votes
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How does Australia split its legal profession?

I just got an interesting edit suggestion to my recent question by someone who just registered (perhaps for the purpose of this edit suggestion). It proposes that "lawyer" is replaced with &...
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7 votes
1 answer
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Why did Christopher Tran warn Judge Kelly about the Minister for Immigration's power to cancel Djokovic's visa?

I find this detail in the recent Novak Djokovic's Australian visa saga quite interesting. On Monday, 10 January 2022, when Judge Kelly delivered his decision to reinstate Djokovic's visa, Christopher ...
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1 answer
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How much would Novak Djokovic’s legal fees be?

Novak Djokovic just lost his appeal against his visa being cancelled in the Australian Federal Court and was ordered to pay all costs. There was 1 court session and a judgement later same day. What ...
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When a company changes its privacy policy, what policy governs data collected before the policy change?

If I sign up to some service/website under one privacy policy, and they collect data under that policy, and then change their privacy policy what policy governs my old data? Does that country that the ...
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3 votes
2 answers
249 views

Can someone be arrested for not being ‘nice’ to police?

We came out of a night club and there was a police car with dogs barking at the back of it. For some reason this fascinated my friend and he stood behind the police car laughing and watching the dogs ...
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1 answer
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What did former Justice Dyson Heydon mean by "put that respectfully"?

I'm having difficulty understanding this tiff between Robert Newlinds SC and Commissioner Dyson Heydon AC QC, former High Court of Australia Justice. At 0:17, Heydon asks Newlinds if Newlinds "...
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Can a 17 year-old legally sign an International Employment Contract?

I would like to know if a 17 year old is allowed to sign an International Employment Contract. Details: Employee is in the Philippines where it is legal for a 17 year old to work a full time job. ...
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1 answer
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Please explain former High Court of Australia Justice Kenneth Hayne's jape?

The questioner is Oxford Law Prof. Joshua Getzler. Former High Court of Australia Justice Kenneth Hayne answers at 1:08:28. They're both Australian. Joshua my answer is very simple. If you could let ...
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0 answers
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What is the legality of creating a messenger application with end-to-end encryption in Autralia?

The encrypted messages will be stored in the server, but no one will be able to decode them except the users. What is the legality of creating a messenger application with end-to-end encryption for ...
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1 vote
1 answer
78 views

Is it legal in New South Wales to pay someone who isn't a driving instructor for supervision?

In Australia, to progress from a Learner's license to a provisional driving license, you need to drive for 120 hours supervised by a person who has a full license. However, I know that it is illegal ...
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1 vote
5 answers
120 views

Is citizenship a requirement to become a prosecutor/ judge in the US, the UK, Canada, Australia and New Zealand?

As I am currently pursuing a law degree in International and European law, I was looking at job opportunities in English-speaking countries. I know the basic (technical/ academic) requirements to ...
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0 votes
1 answer
58 views

Can I display university logos on my website under "Used by students and faculty from" [duplicate]

I have a website mostly used by students and university faculty, and I'd like to display those universities' logos on my website. Examples are: Yale, NYU, UCONN, University of Dallas, University of ...
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2 votes
1 answer
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Does rewording questions make them not copyrighted?

I currently work as a tutor for high school kids - so you can assume that this is commerical. To give them homework, I take questions from textbooks, past exams, and from online. I reword the ...
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1 vote
2 answers
129 views

Under what law an employer in Australia NSW can mandate covid vaccination for their employees?

Can an employer in NSW: Legally obtain employee’s covid vaccination status without employee’s consent? Request employee to provide one. On grounds of what law? Terminate employment should employee ...
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1 answer
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How do people with a flip phone comply with Australia's new law? [closed]

Recently Australia passed regulations requiring some citizens to download an app to their phones and occasionally send geotracked selfies to the government to confirm their location. How would someone ...
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-6 votes
1 answer
201 views

Lifetime of gaslighting, abuse, and being forced to take Ritalin. Permanent brain damage. Unable to quit. Can I sue my parents and/or psychiatrists? [closed]

Sydney, Australia. I was coerced into taking Ritalin at age 4. Now I'm 28 and the long term effects have ruined my life, plus being "medicated" with this stuff went hand in hand with ...
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3 votes
1 answer
131 views

Can I add a deadlock to the front door of my unit?

I have recently bought a unit in a rough area. The front door to the apartment complex does not click shut properly so anyone from the general public can walk in. The door to my unit has one of those ...
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1 vote
2 answers
148 views

Since cold emailing/SMS/phone is illegal, how am I still receiving a lot of marketing calls/emails/SMS

I live in Australia where privacy laws are considered quite stringent. Yet I keep receiving marketers calling me, emails (which somehow escape my SPAM) and sometimes SMS as well. Which begs a question,...
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0 votes
2 answers
84 views

What can the Chairman of the board do if he is on bad terms with the majority shareholders / directors

Our (Australian Incorporated) company is growing and we have been suggested to hire an influential individual to be the Chairman of our board. He has a lot of connections, experience, old , mature ...
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0 votes
0 answers
68 views

In Victoria Australia does a remote inspection count as an inspection for the purpose of property inspection frequency?

The residential tenancy act only allows one inspection per year for a property that is being rented out. With covid remote inspections where the tenant shares photos of the property with the real-...
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24 votes
4 answers
8k views

I am being threatened for defamation for sharing an article about an alleged scammer which was published in local news site

There is an alleged scammer in my community. An article about him was published by our local news site. As I have a lot of contacts, I shared the article to all my contacts and it became viral. He is ...
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1 vote
0 answers
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Trust Law - do trustees have to confirm that you are a beneficiary of the trust if you ask them directly?

I've asked the trustees of a trust to confirm that I am a beneficiary, which is what I believe to be the case. Do they have to give an honest answer?
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1 vote
1 answer
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What is the liability for a contractor / employee asked to create tax submission

This is for Australia, NSW. Can a contractor be held liable (in any way) if they prepare documentation that is used to make an excessive/misleading tax claim? The contractor has been directed to ...
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-2 votes
1 answer
64 views

What type of protests are currently allowed in NSW, Australia?

Australia was recently in the news for restricting the right to protest during a surge in COVID cases: Hundreds of fines have been issued and dozens charged in Sydney after anti-lockdown protesters ...
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2 votes
1 answer
169 views

Is it a breach of privacy law in Australia if schools track student device usage at home?

Since I usually only use programming Stack Exchange sites, sorry if I do anything wrong in this post. My school recently installed software on all student devices (owned by the school) which can track ...
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2 votes
1 answer
83 views

Statute of limitations for F on M rape across jurisdictions?

I am an Aussie dude (ie, a person with a penis, pronouns "him, he, his"). Back in 2015/16 I was living in Hong Kong, engaged to a local girl (ie someone with a vagina, tits and womb) 2 years ...
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5 votes
1 answer
259 views

In what cases has the High Court of Australia held a federal law unconstitional and invalid?

The High Court of Australia has the power of judicial review of legislation, including federal legislation made by the Parliament of Australia, for conformity with the Constitution of Australia, and ...
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-5 votes
1 answer
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How is it Legal for sites like Udemy to charge more than 517% (Literally) to it's existing users?

If you search for any courses in Udemy, when you are not logged in and Incognito (important, as they do cookie tracking and mix ups with pixel track as well). You will see a significantly low price. ...
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-6 votes
2 answers
230 views

Can/shall I sue Domino's if I felt the manager was being racist?

Can I sue Domino's if the manager was being rude and also I feel he was doing that because he was racist? When I called Domino's for an order that was delayed by 20 minutes, instead of apologizing he ...
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1 vote
1 answer
53 views

Australian laws to protect employees general skills against IP claims

I live in Victoria, Australia. When signing a contract for software development industries, the employers tend to write the contract agreement conditions too broad to protect their IPs. When searching ...
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2 votes
1 answer
103 views

Which law determines paternity (who is the father) in Australia?

I would like to know which Act defines the rules about the determination of a father in Australia. I can find the rules on different websites, but not the source for which law it is. https://www....
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3 votes
1 answer
143 views

Is it illegal to record an intimate image in Western Australia without consent?

The Western Australian Criminal Code section 221BA defines an “intimate image, of a person” as: a still or moving image, in any form, that shows, in circumstances in which the person would reasonably ...
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6 votes
1 answer
1k views

What does "reasonable grounds" mean in this Victorian Law?

In Victoria Australia, this piece of legislation exists: PARLIAMENTARY PRECINCTS ACT 2001 - SECT 16 An authorised officer may direct a person to leave or not to enter the Parliamentary precincts if ...
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2 votes
1 answer
123 views

Does Australia's News Media Bargaining Code prevent Australian news being displayed outside of Australia?

The Australian News Bargaining Code, if passed, will prevent companies like Google and Facebook from displaying images and snippets (and possibly even headlines) on their platforms unless they pay ...
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2 votes
2 answers
93 views

Why is it said that pre-trial procedures are "heavily skewed in favour of a plaintiff" in cases of defamation in Australia?

After losing a defamation lawsuit, ABC (Australia) said in a statement that This case has again starkly demonstrated fundamental problems with Australian defamation law and pre-trial procedures being ...
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0 votes
0 answers
45 views

Is a Unit with broken locks considered Unfit or in disrepair

I moved into a new unit, however, on arrival the front door lock was broken and can't be locked from the outside. There is a screen-door however, the wiring near the lock has been cut and it is easy ...
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3 votes
1 answer
145 views

Speeding unawares after turning from the terminating road of a T-junction

This is a follow-up question for "Ambiguous speed limit after passing a T-junction" (59728). The original question asks what the speed limit is, in the 20 metres after the intersection and ...
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  • 185
5 votes
1 answer
157 views

Ambiguous speed limit after passing a T-junction

Consider the intersection between Fitzgerald St and Angove St in North Perth, Western Australia (left-hand traffic). This is a T-junction, with Fitzgerald St being the continuing road and Angove St ...
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