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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1answer
56 views

Is ignorance of the law a valid excuse for not following emergency laws with no warning period?

Yesterday in Melbourne, Australia a State of Disaster was declared due to the COVID-19 pandemic. A new set of emergency laws came into effect, including an 8pm curfew, no travelling beyond a 5km ...
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1answer
61 views

Can employer collect and share employee data such as skin colour?

In an attempt to make the workforce more "diverse", our employer has announced that they will start "collecting and sharing" [sic!] employee data such as ethnicity and gender. This,...
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30 views

How Justice of the High Court of Australia officially abbreviated?

JSC singular, JSCC plural can officially abbreviate Justice of UK Supreme Court But what for Australia High Court? JHC? HCJ?
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25 views

Alternative to supplying extensive personal ID to have a fraudulently opened account closed

I recently received an email outlining an order for an Internet service to a US mainland address from a US-based service provider. The order included an account number, order number and a street ...
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0answers
31 views

Misleading use of the word “free” in the name of a product

Recently I received an email from crazydomains.com.au saying "Free Website Builder will Auto Renew in 1 day". Free website builder is indeed the name of this product. I have never used or ...
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1answer
60 views

Retroactive Child support across country lines

Let's say the Family initially lived in Australia (NSW) in the mid-90s. After the divorce, the rate of child support was calculated and fixed. Sometime later the father (paying the child support) ...
2
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1answer
47 views

In Australia if you are working from home and your employer is based in another state which public holiday do you get?

In Australia the states have their public holidays on different days. If an organisation has offices in many states the staff get the day off for the state they are based in. However if the ...
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1answer
24 views

Is there legislation in Australia (or individual states) that outline the penalties for juror misconduct?

While there have been penalties in the past for jurors posting case info to Facebook, researching case, etc, is there a specific Act/piece of legislation that outlines the consequences for doing so? ...
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1answer
34 views

Is it illegal for a leasing agent to share previous tenants direct debit form?

I am a tenant of a residential property in Victoria Australia. I requested my rental ledger and direct debit form to apply for a new property. My rental agent has (accidentally???) sent me the direct ...
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1answer
111 views

Legality of online proctoring for exams in Australia

Is it legal for a university to force students to install an application and utilise it for online examinations when the service the university itself is using cannot guarantee our information will ...
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57 views

Is it “reasonable” to discriminate on the basis of “experience” in employment (anti-discrimination law)

Anti-discrimination statutes in most Western jurisdictions prohibit a broad range of age discrimination in employment. So far as I can see, most statutes of this kind draw a distinction between ...
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1answer
60 views

Can stalking be charged for a one time threat in Victoria(Australia)

My friend has been charged with Stalking under section 21a of the crimes act 1958. The charge is The accused engaged in a course of conduct, giving offensive material to the victim or any other ...
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1answer
63 views

Which law in Australia prevent sunscreen manufacturers from displaying the PPD ratings on their sunscreens?

I read on https://labmuffin.com/sunscreen-review-2-bioderma-la-roche-posay/: The Canadian version has a PPD (UVA protection factor) of 42. Interestingly, even though there’s a known PPD value for ...
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2answers
60 views

What is the status of 'Good Faith' in Australian contract law?

Answers from other jurisdictions (particularly united-states and europe) state that there is an implied duty of good faith in contracts. Is this the case in Australia?
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2answers
271 views

Is it legal to preferentially hire female nurses & doctors because female patients are less comfortable with men seeing them naked?

Sort of a follow-up to Is it legal to preferentially hire men instead of women because women can get pregnant? The idea is, women tend to be less comfortable with men seeing them naked than men are ...
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1answer
121 views

In Australia is it illegal for a company to sell substandard security?

In Victoria (Australia), is it illegal for a company to sell substandard security? Physical security (locks, access devices, keypasses, etc.) Digital security (data encryption, login credentials, etc....
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56 views

Does a Victorian policeman have to identify themselves?

If a Victorian policeman has no identifying marks including a wearing an official uniform, wearing an identifying badge, producing a warrant card, driving a clearly marked police vehicle, etc., do ...
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1answer
154 views

Can Australian citizenship be revoked for a long period of absence from Australia?

I moved to work in Australia about 10 years ago, got there a permanent Australian visa as an employer-nominated skilled migrant, and became an Australian citizen by conferral about four years ago from ...
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1answer
28 views

Changing mind about agreement before taking effect

If two parties A & B both agreed to sign off on a development program document on x date, where the development program document states the agreement will take effect on Y date, however A changes ...
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63 views

Can I be fined by Australian customs if an online seller sends me an incorrect, prohibited item?

Under Australian federal law, it is illegal to import or posess a hand-held, battery powered laser pointer which is above 1mw in power - without a weapons permit. I am planning on purchasing a legal &...
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2answers
76 views

Can an Australian freelancing platform refuse to pay money to the freelancer?

I was hired as a freelancer via an Australian freelancing platform, did the job and got money credited into my account. However, they suspected that my client made a fraudulent transaction and does ...
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1answer
762 views

Does Halocene have a case against The Masked Singer Australia?

Halocene is an American Indie rock band. In early 2019 they made a cover song of Billie Eilish's song "Bad Guy". Halocene say that they did this legally by contacting Eilish first and paying any ...
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1answer
49 views

Authority to write Letter of Intent

I work as a casual (non permanent) employee of an organisation, and the manager has asked me to write a letter of intent to send to a third party to outline intent to do something that has about a 50% ...
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1answer
105 views

Can an interest in real property by adverse possession be inherited?

In Australia can someone has a an interest in property by adverse possession bequeath the property to an heir? If so, will that claim be able to defeat the interst of an heir of the legal owner?
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1answer
101 views

Laws surrounding publicly (ish) displaying decoded messages received over radio

POCSAG512, POCSAG1200 and POCSAG2400 is the protocol used by pagers to transmit information to one another. The problem I'm seeing here is that it is not encrypted, only encoded, as any broadcast has ...
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1answer
81 views

How to save marriage when wife's family influence/force for divorce

We both were in relationship from 2010, married in 2017 and were lived together almost 3 years under a roof before our marriage. Her parents were against the marriage because of caste and community ...
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2answers
200 views

Can I legally guess my customer's new credit card expiry date?

As a merchant, I offer online subscription services to my customers. Often, my customer's credit card will expire, despite having an active subscription service to my product. Is it legal for me to ...
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77 views

Can a private company board of directors issue new shares?

If so, wouldn't this be unfair against shareholders as this would devalue their shares and voting rights?
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1answer
47 views

Can I enter into an IP contract with my own ltd company before having investors in?

I spent 4 years developing an App. Recently I started a Proprietary Limited company (I'm in Australia). Me and my wife are the only directors. Before getting share holders into the company, is it ...
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44 views

Does a GP sending patient info to a hospital without asking for consent violate medical ethics?

So, let’s say that you went to a General Practitioner (GP) about some pain, got some tests done, and they told you that you were fine; all the tests came back normal. Then, some time later, they look ...
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18 views

Does the ATO recognise a PayPal business account as a valid business account?

The Australian Tax Office requires that all registered companies have a dedicated bank account for their business. Does the ATO recognise a PayPal business account as a valid business account? I'...
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16 views

Does working exclusively online with an Australian student visa count towards restriction?

To start it off, I'm an artist who works exclusively online, accepting and charging art commissions on a piece-by-piece basis, and I'm planning to study at Australia. As far as I've searched, the ...
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0answers
131 views

Is port-scanning my own WiFi network illegal in Australia?

I've recently been drawn into pen-testing and port-scanning and I wanted to give it a try. I am unsure of the laws around port-scanning in Australia. Could I get in trouble with my WiFi provider if I ...
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1answer
69 views

Forgery of video [closed]

I am 79 years old and a resident of a four storey building in NSW, comprising of 26 units. The multi-millionaire Chairman of our building's Strata Committee, who lives in the fourth floor’s penthouse ...
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1answer
441 views

Is it legal to pay a ransom?

While kidnapping and extortion are illegal, is it legal to pay such criminals for the release of the person or thing being held? Are there particular circumstances of the payer or payee that make it ...
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1answer
134 views

What recourse do I have against a person falsely claiming to reside at my home?

A relative who has never lived at our house is in the habit of falsely using our home address as their place of residence whenever disclosing their place of residence for legal purposes, rather than ...
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1answer
66 views

Are there any laws in Australia that would stop someone having a doorbell that captured fingerprints

Technology to capture fingerprints is becoming common. One could imagine a doorbell that logs and stores fingerprints of every person who uses the bell. Are there any laws in Australia that would ...
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1answer
67 views

Interpretation of Employment Award

Australia has the General Retail Industry Award: Specifically regarding overtime: http://awardviewer.fwo.gov.au/award/show/MA000004#P778_67718 My question is specifically around overtime for casual ...
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1answer
114 views

Is Uber acting unconscionably in Australia?

Section 6 of Uber's Terms and Conditions for Australian customers requires that all disputes go to arbitration before the International Chamber of Commerce in the Netherlands and that the contract ...
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1answer
68 views

Company holding own shares in trust

If the assets of a trust includes shares in a company, can that company be appointed as trustee of that trust? It's not clear to me how section 259A of the Corporations Law works in this situation.
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1answer
69 views

Can I sue Uber for property damage to my mobility device?

I use a mobility device, an electric mobility scooter, to get around as I am temporarily disabled. While using Uber to attend a medical appointment in the Australian Capital Territory, my mobility ...
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1answer
405 views

What can a loss prevention officer legally do in Australia? (NSW)

If someone is apprehended by a loss prevention officer on the way out of say, coles or woolies, what are the legal rights of the LPO and the person being apprehended? For example, if the LPO starts ...
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1answer
60 views

Caching third party images on my website?

I've built a website (actually, an API, but that data will be used on a website) that provides people with real time data they can use in their own websites and apps. One part of that API is a list ...
2
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1answer
182 views

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
191 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
87 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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2answers
78 views

Meaning of “restraint of trade” contract terms?

In a consulting contract is a section on "Restraint of Trade." I've included the entire section for reference but the parts I don't understand are in bold. 12 RESTRAINT OF TRADE 12.1 ...
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1answer
39 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
156 views

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

It was pointed out 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 always ...
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1answer
149 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 ...