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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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Is an employer allowed to inspect office drawers and cabinets in Australia?

My employer (in New South Wales, Australia) conducts frequent office inspections. Although they used to only look at fire and electrical hazards, the health and safety team (made of employees that ...
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2answers
71 views

Is it legal to publish letters from a lawyer?

Is it legal in Australia to publish letters and emails sent to me by a lawyer on behalf of their Client?
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2answers
67 views

Intentionally Breaching a Contract

Hypothetical Scenario: Suppose I'm a landlord in a contract with a tenant, and I may only inspect the premises if it has been three months since the last inspection. Let's also suppose however that ...
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1answer
21 views

What is meant by having these in a contract for restraint of trade?

Asking for a friend: Sorry if this is off topic. I am employed as a consultant and there is a clause in my contract that is unclear to me. I've included the entire section for reference but the ...
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1answer
34 views

How to handle contracts for volunteers looking to contribute work to our game project

For some time now, a friend and I have been working on a game project. As a part of my friends university course, they need to demonstrate working to a brief on a major project (which can either be an ...
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2answers
90 views

Does Australia have the same rules regarding succession to the throne as the United Kingdom?

It was pointed out to me that the Queen of the United Kingdom is also the Head of State in Australia (and other commonwealth countries), but she has the separate title of The Queen of Australia. I ...
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1answer
98 views

Can tech companies wishing to prevent secret backdoors discriminate in hiring against Australians?

Australia has passed a law which apparently requires tech workers to develop backdoors which can defeat a company's encryption and security features, without informing their employer, if ordered to do ...
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0answers
29 views

How does one get a Personal Violence Order against someone whose name is not known?

According to the local courts in the Northern Territory, to apply for a PVO the defendant's name and address is required. How does one go about getting a PVO against a neighbour whose name no one in ...
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1answer
58 views

Must an American company comply with Australian surveillance law?

So there is a law called Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 that was recently made law in Australia. From what I have heard about it, it allows the ...
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1answer
15 views

In Victoria, does a LR license held by a P2 allow you to drive a car without probationary plates

If I have a P2 license in Victoria, Australia after 1 year of holding it I become eligable to obtain a Light Rigid truck license. A LR license allows you to drive any vehicle under 12 tons including ...
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1answer
53 views

Is it illegal to say online that a particular individual should be assaulted?

I'm on an online chat system for a game and one player said "Mr X needs to be stabbed in the throat" (actual name changed). The statement was accompanied by an image designed to give maximum offense. ...
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1answer
39 views

Questions regarding laws on technology designed to avoid prosecution?

From my understanding it is illegal to operate a car with a radar detector installed in all states of Australia, but. Is it illegal to posses one if it's not being used? Would there be anything in ...
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In Australia is it illegal to consume drugs, or only to possess them?

Specifically in Sydney. I’m wondering if it’s also illegal to be “high”, or if it is only illegal to “possess” prohibited substances? Clearly hopping on the darkweb and ordering an ounce of green or ...
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1answer
38 views

Relative legislation and legal consequences

My exes girlfriends mother accidentally transferred money into an old bank account of mine. I Only discontinued use 3weeks ago Due to opening a joint account with my new girlfriend. The account was ...
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1answer
80 views

What is the legal basis that can prevent a carton being reused in Australia

I came across a box that has the words "Reuse of this carton is prohibited and is punishable by law" With that box in mind, I have a few questions Is this true are there laws that could enforce ...
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1answer
57 views

Will the new australian telecoms bill allow to compel companies to build spy functionality into their software?

According to https://parlinfo.aph.gov.au/parlInfo/download/legislation/bills/r6195_aspassed/toc_pdf/18204b01.pdf companies could be required to enhance their software to allow for spying. They would ...
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1answer
37 views

In Australia are there any legal concerns with parents giving school teachers gifts?

Throughout primary school and kinder I've noticed that around Christmas and sometimes the teachers birthday some parents organise a pool of money to purchase a gift for the teacher. This can result ...
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1answer
56 views

Consumer rights when a refund is not processed correctly

Recently, I have experienced the following sequence of events: I purchased an item from a major Australian retailer "A". I found the same item cheaper at a different retailer "B". Retailer A was ...
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2answers
81 views

Terms and Conditions of Trade - are they really allowed to be so biased toward the supplier?

I'm about to have an air conditioning system installed and the supplier has sent me the the invoice for the deposit, along with a contract which seems to me (as a lay person) to be incredibly severe, ...
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1answer
29 views

Is it legal to electronically sign a rental lease in South Australia?

is it legal to 'electronically sign' a lease / bond arrangement? https://www.docusign.com/how-it-works/legality/global/australia states that it's not legal for "some property transactions in South ...
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1answer
58 views

Does Mabo v the State of Queensland (1992) 175 CLR 1 state that “The Aboriginal people we the traditional owners of the land”?

I'm reading a essay making claims about the case Australian Mabo case from 1992. The essay states: ...the High Court (notwithstanding finding that the Aboriginal people of Australia were the ...
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0answers
38 views

In Victoria Australia can you stand out the front of somebody's house and record what is happening inside?

Generally, in Victoria Australia, anything that occurs in public is open to being recorded by anyone (To my knowledge). However, if you take a video camera or camera phone and aim it through the ...
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1answer
200 views

Is it legal for stores to discrimate against customers based on uniform?

I am a legal-aged student in my country (Australia, so I am 18,) after school I enter a liquor store with the intention to purchase. I am stopped at the door and told that I will not be allowed to ...
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0answers
57 views

How to challenge validity of housing inspections in regards to eviction

Jurisdiction is Western Australia. If a landlord is experiencing financial troubles, and is attempting to evict their tenants on false grounds, in order to increase his sale price or make finding a ...
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1answer
29 views

In Australia can you take Personal leave to look after a sick child or partner?

Under Australian employment law are you allowed to take personal leave to look after a sick child or partner? Is personal leave the correct category or does it depend on employment terms?
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129 views

Is it ILLEGAL to download voyeuristic pornographic videos from websites?

Is it ILLEGAL to download and view voyeuristic pornographic videos from websites. KNOWING that the subjects are 18+.
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11 views

How late with a term payment constitutes a default?

Suppose two parties settle their dispute by entering into a terms agreement, whereby A pays B $100K in 50 monthly instalments of $2K on a particular day of the month (not after 28th day to avoid short ...
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3answers
126 views

Is placing the burden of proof on the accused illegal?

The specific situation I'm thinking of is ticket inspectors, but it could apply to other situations. The ticket inspectors assume you are fare evading without evidence (no presumption of innocence) ...
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1answer
188 views

Do I own copyright in a recording I just made?

I am a freelance recording engineer in Australia. I was engaged to make a recording in the expectation I would be paid for my services. After the job, the producer indicated that the job was pro-bono ...
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1answer
133 views

Are date ranges in contracts inclusive or exclusive?

I was recently in a dispute over whether a date range in a lease was inclusive or exclusive of the start and end dates. The wording was: The lease starts on 14/1/2016 The lease ends on 13/1/2017 So ...
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1answer
29 views

Right to get a copy of information held on one by private company in Australia

Does anyone know what the law in Australia is with respect of getting copies of information held by Australian companies about oneself - particularly notes made by phone operators and recorded phone ...
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0answers
49 views

Clarity regarding Victorian law about house sharing

I live in Melbourne and I'm sharing a house with 4 other people (all of us are renting). All the people are really great except that one of them is, however, acting like a baby. Every time I bring my ...
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1answer
1k views

Did my girlfriend rape me? Sexual assault? Nothing?

It was November 2016. We were on a high school graduation camping trip. Myself, my girlfriend of almost 3 years and about 10 of my best mates drove 4 hours north to camp on a friend's family's ...
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52 views

In Canada and England & Wales, why' 'versus' pronounced as 'and'?

Source: Introduction to The Study of Law (8 edn, 2016), p. 11 Middle. THE LANGUAGE Of LITIGATION   The parties to an ordinary civil action are called the plaintiff and defendant ...
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1answer
77 views

Does the failure to honour an express refusal invalidate prior claims of having implied consent?

Suppose a local health district (LHD) has used a patient's electronic medical record (eMR) for training purposes. Upon learning that they have done this, the patient is displeased and tells them so. ...
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1answer
169 views

What charges would a driver face after an unrestrained child dies in a car crash?

Suppose a person was driving a car in Australia with an unrestrained child. An unavoidable crash occurs where there are no other vehicles involved, and the child dies as a result. With what crimes ...
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1answer
62 views

Is there a way for participants of an industry to discuss how to keep a market healthy without it being considered collusion?

For a particular niche in demand but broad in utility industry, I am both a consumer and producer that participates internationally. Within segments of the participants, there are public informal ...
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3answers
104 views

Do capital felons have the capacity to enter in a legal contract?

In an answer to another question, it is stated that capital felons don't have the legal capacity to enter into a legal binding agreement. I think that is wrong because otherwise they could not buy ...
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1answer
56 views

Am I required to charge sales tax with an ecommerce site hosted in Australia?

I am creating a Wordpress site and want to sell some online products. Problem I have come across is easy digital downloads does not set tax by default. What tax rate should I set as the default in ...
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1answer
50 views

Does the Commonwealth of Australia Privacy Act 1998 apply to CV reference companies

I asked a company that purported to be operating out of Perth called CV Check about which legislation applied them. This was their response: CVCheck will only obtain information from an ...
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2answers
84 views

Can schools in Australia fail VCE students for missing class?

My high school has an attendance policy in place where you are allowed to miss 6 periods of class with a medical certificate and six without. They claim that after you miss these combined 12 periods ...
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1answer
40 views

Can I claim compensation for loss of earnings due to work accident in Australia?

I was working in a hair salon in Australia and fell backwards. I tore my rotator cuff and have slipped disc. I had surgery on shoulder when got back to UK. Can I claim for loss of earnings, etc.?
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1answer
51 views

Is it legal to log an IP address WITH an online name?

I am working on a "database" style of program that logs data such as an IP address, Steam Name, and Steam64 ID. I own a small game server company that hosts servers for a game called "Unturned" but we ...
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1answer
115 views

Previous Employer using my electronic Signature

My previous employer uses an electronic signature program to execute General Tenancy Agreements. I have since left the company in August. However, it has been made known to me that the company is ...
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0answers
25 views

Reasonable interpretation of the term “In connection with” with respect to intellectual property

In the phrase: "You agree that any rights you may have in any intellectual property produced, invented or conceived by you in connection with any of our business whether before or after the date of ...
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0answers
15 views

Under what circumstances does trading as a sole trader qualify as full-time employment pursuant to the Social Security Act 1991?

Subsection 10a of s1067a of the Social Security Act 1991 refers to: full-time employment of on average 30 hours per week for at least 18 months during any period of 2 years Under what ...
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1answer
209 views

Can a landlord be charged with trespass for entering a property without permission?

In Australia if a landlord enters a rental property without permission can they be charged with Trespass under australian law? This would be excluding the time where they have assumed permission ...
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1answer
80 views

Who owns a video recording of a sporting event?

A colleague of mine recorded an sporting event on his mobile phone. He then forwarded the video to me. I entered the video in a competition on a television program. The video won and the prize is $...
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1answer
58 views

Why does the Australian constitution differentiate “Original States” from other states?

In the text of the Australian constitution, the phrase "Original States" (the States when the federation was established) appears in two places which are still relevant today, such as in Section 7 (...
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2answers
173 views

Do the laws of mathematics apply in Australia? [closed]

According to Malcolm Turnbull, Prime Minister of Australia "The laws of mathematics are very commendable, but the only law that applies in Australia is the law of Australia". My question is, is this ...