YOUTH LAW CENTRE
What is the Youth Law Centre?
The Youth Law Centre is a free legal advice service for people under 25 years of age.
It is lead by a coordinating solicitor, Colleen Duffy, and staffed by paralegals from the ANU College of Law.
The Youth Law Centre is a community legal centre, and does not charge clients for any of its services.
What can the Youth Law Centre do?
The Youth Law Centre can help with a variety of legal issues commonly faced by young people, including criminal, employment, debt, tenancy and family law matters.
The Youth Law Centre can offer information and referrals over the phone or legal advice on a one-off basis to assist young people with legal matters.
Depending on the circumstances, the Youth Law Centre may be able to offer ongoing assistance with more complicated matters.
The Youth Law Centre works with a number of community legal centres, private law firms, and Legal Aid, and may be able to help refer a matter to another legal service provider if appropriate.
How is the Youth Law Centre different to Legal Aid?
The Youth Law Centre is a part of Legal Aid that deals specifically with young people. Many people are sent to the Youth Law Centre by Legal Aid due to limited resources.
Unlike the Youth Law Centre, Legal Aid, can only provide assistance to people who qualify under a ‘means test’ and can’t afford private lawyers. The Youth Law Centre can give one-off assistance to anyone under the age of 25, regardless of their income or assets.
The Youth Law Centre does not have the capacity to represent clients in Courts, Tribunals or other proceedings. It can only provide advice and assistance to young people to represent themselves. If a client needs representation, the Youth Law Centre can help them get this through Legal Aid, or by referring them to private law firms.
How can I contact the Youth Law Centre?
The best way to contact the Youth Law Centre is to call (02) 6173 5410 or email us via the contact form on the “contact us” page. A paralegal will either assist you over the phone, or book you an appointment to come in to the Centre and talk with a lawyer.
Alternatively, you can drop in to the Centre at Level 1, 14 Childers Street, Canberra City between 9am and 4pm.
Community Legal Education
The Youth Law Centre also works with Legal Aid in providing community legal education across the ACT.
In the past, we have run seminars and lectures in high schools and colleges regarding legal issues that young people face, including seminars on Sexting, Sexual Assault, employment matter, etc.
We also have booths at ANU and UC market day and various fairs.
To request a free presentation or booth at your school, please contact us (02) 6173 5410.
CRIMINAL LAW
I’ve got a summons to attend Court, what do I do?
For a charge/offence
If you’ve received a summons to attend Court, you may be charged with a crime.
The first court date will be a “mentions”, where the judge reads you the charges and then makes orders on what will happen next, in terms of setting a date for trial or gathering evidence. The first appearance will NOT be a full trial or sentencing, so you do not need to start gathering evidence/witnesses.
Even if you are going to plead guilty to the charges, you should get legal advice first. The YLC can help you get a grant of Legal Aid, or refer you to a private lawyer who can help you.
If you want to plead not guilty, see “I’ve been charged with an offence, but I want to contest it”
If you are unsure whether you wish to plead guilty or not, the Youth Law Centre can help you make this decision.
If the matter is urgent, and you do not have a chance to seek legal advice before the day you are due to attend Court, you should go to the Court at 9am and ask someone from the Court staff to tell you where the “duty lawyer” is. The duty lawyer will be able to give you urgent advice and assistance for the day. See: http://www.legalaidact.org.au/whatwedo/faq/lawyersatcourt.php#1
As a witness
If you have been issued with a summons to attend Court as a witness (a subpoena), there should be information in the document about who to contact with questions, for example, a law firm, or the DPP (prosecutor). If you are unable to attend on this date, or at all, you should tell this person as soon as possible.
If you don’t feel comfortable contacting the law firm/DPP/police, or you have a problem with giving the evidence, the Youth Law Centre may be able to assist you.
You should contact someone as soon as you can, however, as the Court can arrest or fine you if you don’t attend when you have to.
The Law Society provides a good explanation of the process of giving evidence at Court: https://www.actlawsociety.asn.au/public-information/attending-court-as-a-witness
See this link for information about what to do and how to behave at Court: http://www.courts.act.gov.au/magistrates/coming_to_court/court_etiquette
I’ve been charged with an offence, but I want to contest it
When you are charged with an offence and served a summons to attend court, you should also be given a “statement of facts”.
Sometimes, the statement of facts may contain mistakes or statements that you wish to contest. It’s important to understand the difference between contesting a (minor) fact and contesting the actual charges. Often, even if a minor fact is changed, it will still not change the effect of the charges.
Other times, certain facts may have been left out of the statement of facts, or the changed fact will mean that you are not guilty of the offence you have been charged with. These facts might amount to a ‘defence’ – for example, that you did not commit the offence, or you committed the offence in circumstances that make you not guilty, such as a mental disability.
If you wish to contest the charges, you will be entering a plea of ‘not guilty’ in your first appearance at court. Your case will then be set down for a ‘case management hearing’, sometimes up to ten weeks later, in which the court will decide when the trial should be.
The Youth Law Centre can help you by going through the statement of facts with you and discussing whether you are contesting a minor fact or the actual charges. They can also help you formulate a ‘defence’. It is important that you get legal advice, either from the Youth Law Centre or another sources, as quickly as possible.
Unfortunately, the Youth Law Centre cannot represent you in court – however, they can help and assist you to represent yourself (as a self-represented litigant), help you apply for a Legal Aid lawyer to represent you, or refer you to a private lawyer.
I’ve been charged with a traffic offence, but I can’t lose my licence
Drink Driving Charges
If you have been charged with drink driving and it is your first driving offence, you may be able to apply for a restricted licence.
http://www.legalaidact.org.au/pdf/publications_drinkdriving_and_restrictedlicence.pdf
For copies of the forms you will need to complete, as well as information on whether you will be eligible, please see:
http://www.courts.act.gov.au/magistrates/page/view/1393
If you are unsure as to whether you are eligible for a restricted licence, or need assistance completing the forms, the Youth Law Centre may be able to help you.
You will need some time to gather all the documents you need, and the Court needs time before your date at Court to consider your application, so please contact the Youth Law Centre, Legal Aid, or the Court Registry as soon as possible.
Other Driving Charges
If it was not your first offence, or the offence was for something other than drink driving, you may ask the court to consider mitigating the sentence. This is done by telling the Magistrate, in writing, about yourself and why you think it would be unfair to lose your licence.
You should also consider providing one or two character references.
The Youth Law Centre can advise you on what to include in your letter to the Magistrate. It can also advise you on who you should approach for a character reference, and what should be included in them.
The Youth Law Centre cannot represent you in court. You may like to look at Legal Aid’s information sheet on what to do in court: http://www.legalaidact.org.au/pdf/publications_pleaofguilty.pdf
I was the victim of a crime, what do I do?
If you are in immediate danger or are scared for you safety or wellbeing, please contact 000 immediately. If there is no immediate danger, but you want to report a crime or get police assistance, please contact the Australian Federal Police on 131 444.
If you were the victim of domestic violence, you may like to contact the Domestic Violence Crisis Service on 6280 0900. They can provide 24/7 telephone counseling and support, and in-person support for emergencies.
ACT Victim Support can help you navigate the procedures following a crime, such as reporting the crime to police, understanding the court process and making a victim impact statement. They may also provide financial assistance and counseling for victims of violent personal crimes. Call 1800 822 272 or go to http://www.victimsupport.act.gov.au
The Youth Law Centre can advise you on legal aspects of criminal matters, particularly when you are a victim, for example, whether it is advisable to make a formal statement to police. In some crimes, you may be entitled to receive compensation or common law damages (normally money) from the perpetrator. The Youth Law Centre can advise you on your entitlements and prospects.
CAR CRASHES
I’ve been in a car crash – What do I do?
Once you’ve made sure everyone is safe, it’s useful to record the incident. If you can, take photos of the cars involved and the environment on your phone. Get the names, contact information and insurance details of any other drivers involved. Ask witnesses for their names and phone numbers.
You should report the accident to police as soon as possible. If police don’t attend the site of the accident, log on to https://www.canberraconnect.act.gov.au/app/answers/detail/a_id/39/kw/report%20crash and complete the ‘online Crash Report Form’.
It’s also important to notify your insurer of the accident as soon as you can. They may ask for a copy of the completed crash report form along with any photographs.
If you are struggling to pay for the damage to your car, you should negotiate with the insurance company (see below).
If you or the other driver was uninsured, you may have to negotiate with them directly to have the damage paid for. The Youth Law Centre can help you write a letter of demand to this person, and, if necessary, advise you on how to sue in Court for the damage. See: http://www.legalaidact.org.au/pdf/publications_caraccidentbrochure.pdf
If you are charged with a driving offence relating to the car crash, see (“Criminal Offences”)
I was injured in a car crash – What can I do?
Injuries from a car crash can be in many different forms. They can include everything from whiplash to bruises and scratches, to mental/psychological injuries (like stress, shock, PTSD, depression). Sometimes they can be long-term injuries that don’t develop immediately after the accident. People often don’t realize they are injured immediately after a car crash – the combination of stress and adrenaline means it may take some time, even a few days, to notice the symptoms.
It is important to act quickly, however. You have only 3 years to make a claim for personal injuries from a car accident. You may also be entitled to have your treatment expenses paid by the insurance company if you submit a claim within 30 working days of your accident.
If you were not at fault
If you don’t think the car accident was your fault, you may be entitled to compensation from the at-fault driver’s insurer for your medical and treatment expenses, lost wages and other expenses.
The Youth Law Centre does not represent people in cases such as these, however can refer you to a personal injury lawyer. These lawyers often work on a “no win, no fee” basis, meaning they do not charge up-front costs for their services.
If you were at fault or don’t know who the at-fault party was
If you were not at fault, but do not know who was, you may be able to make a claim through the “Nominal Defendant”. A personal injuries lawyer may be able to help you.
Unfortunately, in the ACT there is only a “no-fault” compensation scheme for people who have catastrophically injured.
If you aren’t sure who was at fault
If you aren’t sure if you were at fault in a car accident, or you’re not sure where to go to find a lawyer, the Youth Law Centre can advise you on your prospects and make a referral.
I was in a car crash, and now an insurance company wants me to pay for the damage
If you are in a car accident, and the police or the insurance company finds that you were “at fault” for the accident, they may demand that you pay for the damage to the other driver’s car.
If you do not have comprehensive insurance, the insurance company may send you a ‘letter of demand’ for a particular amount. If you ignore these letters, they may eventually get debt collectors to pursue you.
It is very important that you deal with the problem as soon as you can. Your options are much reduced once debt collectors are involved.
But the accident wasn’t my fault!
If you don’t believe the accident was your fault, you need to ‘dispute liability’. You may have to prove your version of events, which can be difficult to do. You might need a police report, photographs, and/or witness statements.
The Youth Law Centre can advise you on whether you should do this, and if so, how to do this. They can help by telling you what sort of evidence you will need to gather, and how to go about it.
But the amount seems too high!
If you think the amount they’re asking you to pay for the damage is too high, you might be able to negotiate with the insurance company. However, it is more difficult to negotiate with debt collectors.
You will need to have evidence to support your argument to pay a lesser amount. This might be by finding the market value of similar cars or getting a quote on the damage. You should start by asking to see a breakdown of the insurance company’s claim, as the claim may include a quote for repairs as well as associated costs (such as towing, storage, etc).
The Youth Law Centre can help you draft a letter to the insurance company disputing the amount owed; they can also give you some ideas on what evidence you might need for the negotiation to be successful.
But I can’t afford this amount!
Insurance companies may be willing to accept an installment plan, where you offer to pay a certain amount each week (or fortnight) until the debt is paid off (see ‘paying a debt’).
If you don’t pay, or enter an installment plan and then don’t meet each payment, the insurance company may make an application in ACAT or sue you in Court. If this happens, and you lose, they may ‘garnish your wages’, meaning they will take the money directly from your paycheck.
The Youth Law Centre can help you arrange an installment plan with the insurance company. If you are struggling financially, you might like to contact Care Financial Counsellors, who provide free advice and assistance about financial matters, including for debts and budgeting: http://www.carefcs.org/
TENANCY
I’m having a dispute with my landlord over damage/bond
At the start of your lease, you may have paid a bond to the landlord or real estate agent. By law, they must lodge this bond with the Office of Rental Bonds within 4 weeks and given you a receipt for this. You also should have completed a condition report, noting all the damage already present when you moved in.
When you move out, a final inspection must be done on the day that you ‘vacate’ the premises. You and the landlord should complete a report on any damage, and you should both keep a copy. After this final inspection and report, the landlord cannot add anything to be repaired or cleaned.
After you move out, the landlord has the right to withhold part of your bond for ONLY repairing damage caused, and any remaining rent due.
If you want to dispute the landlord withholding the bond (for example, if the damage was not caused by you, or they are withholding the bond for an invalid reason), you should first apply to the Office of Rental Bonds. If the landlord never lodged your bond with the Office of Rental Bonds, they will tell you so. In this case, you will have to make an application to ACAT.
The Tenant’s Union ACT has useful factsheets and pamphlets on their website: http://www.tenantsact.org.au/Home.htm. They also run the Tenant’s Advice Service http://www.tenantsact.org.au/contactUs/Tenants-Advice-Service.
The Youth Law Centre can help you with the applications mentioned above, as well as advise you if you are concerned with your situation. We can also help if you are unsure if you are a ‘tenant’ or ‘occupant’, for example, if you live in a share house with friends, or didn’t sign a formal lease. Please bring any documentation you have, including the lease you signed, with you to an appointment.
My landlord has told me I need to move out
Whether or not your landlord can ‘evict’ you or serve you a notice to vacate might depend on what type of arrangement you have – a tenancy, sub or co-tenancy, or occupancy. A useful summary of these terms can be found in the Tenant’s Union pamphlet “Crowded House” (http://www.tenantsact.org.au/publications/Share-Housing).
It also depends on the type of lease you have signed – a ‘fixed term agreement’ (a lease beginning on a certain date and for a particular period, for example 6 or 12 months), or a ‘periodic tenancy’ (where no set time for the lease is given). A fixed term agreement can turn into a periodic tenancy once the particular period runs out.
In a fixed tenancy, the landlord can only ‘evict’ the tenants under limited grounds (for example, very serious damage has been done to the property, or rent is not being paid consistently). Even if there are valid grounds, the landlord may have to give a ‘notice to remedy’, giving the tenants time to fix the problem (like repairing the damage or paying the late rent). There is a strict procedure that the landlord must follow that gives the tenant some time; they cannot just demand the tenants move out in a short time period.
In a periodic tenancy, the landlord can ask the tenants to move out on more broad grounds – for example, if they want to sell the property. They can also terminate the tenancy “without cause” (ie without giving any reason), but they must give the tenants 26 weeks to move out.
If your landlord has told you that you must move out, and you don’t think they have done so properly, you can apply to ACAT to have the eviction notice overturned. You do not have to move out of the property during this time, provided you have lodged the ACAT application on time.
The Tenant’s Union ACT has useful factsheets and pamphlets about evictions, tenancies and landlords on their website: http://www.tenantsact.org.au/Home.htm. They also run the Tenant’s Advice Service http://www.tenantsact.org.au/contactUs/Tenants-Advice-Service.
If you have been given an eviction notice or asked to move out, you should seek legal advice as soon as possible. The Youth Law Centre can help you determine whether you are a tenant or occupant, and whether you have a fixed or periodic lease. They can explain your rights, and whether your landlord has grounds to terminate your lease and ask you to move out. If necessary, they can help you with an ACAT application and give you advice on how to talk to your landlord.
Unfortunately, the Youth Law Centre cannot represent you in ACAT and likely cannot negotiate directly with your landlord. We aim to equip you with the legal advice and information to enable you to do so yourself. If necessary, we can refer you to a more appropriate service, such as the Tenant’s Union or a private lawyer.
I want to move out/break my lease
Whether or not your landlord can ‘evict’ you or serve you a notice to vacate might depend on what type of arrangement you have – a tenancy, sub or co-tenancy, or occupancy. A useful summary of these terms can be found in the Tenant’s Union pamphlet “Crowded House” (http://www.tenantsact.org.au/publications/Share-Housing).
It also depends on the type of lease you have signed – a ‘fixed term agreement’ (a lease beginning on a certain date and for a particular period, for example 6 or 12 months), or a ‘periodic tenancy’ (where no set time for the lease is given). A fixed term agreement can turn into a periodic tenancy once the particular period runs out.
In a periodic tenancy, you need only give your landlord 3 weeks written notice that you will be moving out. In a fixed term tenancy, however, you may be liable to continue paying rent until the agreed term is up or a replacement tenant is found.
If you are in a sub- or co-tenancy (for example, living with friends), it may be more complicated, as you will need to notify your other co/sub tenants as well as the landlord if they intend to stay after you move out.
It is also important to remember to deal with the bond. The simplest way may be to have the new tenant pay you for your share of the bond. If you do this, you must remember to complete a transfer of tenant’s form to ensure the correct names are lodged on the bond with the Office of Rental Bonds.
The Tenant’s Union ACT has useful factsheets and pamphlets on their website: http://www.tenantsact.org.au/Home.htm. They also run the Tenant’s Advice Service http://www.tenantsact.org.au/contactUs/Tenants-Advice-Service.
The Youth Law Centre can help you determine whether you are a tenant or occupant, and whether you have a fixed or periodic lease. They can explain your rights and obligations when moving out and breaking a lease. If you are having problems with your landlord/housemates, you should try negotiating with them before escalating the problem to ACAT. Unfortunately, the Youth Law Centre is not able to negotiate/communicate on your behalf, however, we can equip you with the legal advice and information to help you do so yourself.
My housemate/s won’t pay their rent/bills
Your obligations and liability depends on what type of arrangement you have – a tenancy, sub or co-tenancy, or occupancy. A useful summary of these terms can be found in the Tenant’s Union pamphlet “Crowded House” (http://www.tenantsact.org.au/publications/Share-Housing).
If you are a co-tenant, you have ‘joint and several liability’, meaning that each person has an obligation to pay rent – and the landlord can recover rent for any one or all of the co-tenants. If one housemate stops paying rent, you may all be liable to pay the rent or risk eviction. You may be able to go to ACAT to recover the owing money from the housemate who hasn’t paid, but you may also be taken to ACAT by the landlord.
If you are a head tenant, and your sub-tenant does not pay rent, you must pay the amount to the landlord or risk eviction. You can then pursue the sub-tenant for the rent/compensation in ACAT.
If someone is not paying their share of the bills, this may cause problems for the person whose name is on the bills. Unlike rent, only the person who has the ‘account’ with the service provider is liable to pay the bills. If you have to cover someone’s part of the bill, you may be able to claim this as a debt in ACAT.
The Tenant’s Union ACT has useful factsheets and pamphlets on their website: http://www.tenantsact.org.au/Home.htm. They also run the Tenant’s Advice Service http://www.tenantsact.org.au/contactUs/Tenants-Advice-Service.
The Youth Law Centre can help you determine whether you are a co-tenant, sub-tenant or occupant, and can explain your rights and obligations to pay rent and bills. Before trying to pursue a housemate in ACAT for a debt/rent, you should try to negotiate with them yourself. Unfortunately, the Youth Law Centre is not able to negotiate/communicate on your behalf, however, we can equip you with the legal advice and information to help you do so yourself. If negotiations are unsuccessful, we can assist with making an application to ACAT.
FAMILY, RELATIONSHIP AND SEX ISSUES
Separating From a Partner/Spouse:
If you have decided to separate from your partner or spouse you may require legal advice in relation to the division of your joint property and assets, the transferal of debt and the custody of any children.
The Youth Law Centre can advise you of your rights. Please call us or send us an email to arrange an interview. If your matter requires ongoing support we may be able to assist you to fill out an application for Legal Aid or refer you to a Family Law practice.
When you make an appointment to see us, considering bringing with you documentation relating to your joint and shared assets, your income and any documentation relating to joint debts.
Where the custody of children is a concern, before court proceedings can be commenced you will be required under s 60I of the Family Law Act 1975 (Cth) to attempt to resolve the dispute via family dispute resolution. You may be eligible for Legal Aid ACT’s Family Dispute Resolution services. The YLC can assist you to fill out your application for Legal Aid.
See: http://www.legalaidact.org.au/whatwedo/faq/legalrepresentation.php
See: http://www.legalaidact.org.au/whatwedo/faq/fdr.php
My Partner is Abusive, Violent, or I’m Worried That He/She Will Become Abusive or Violent
If you are concerned for your immediate physical safety, call the Police on 000.
If your partner/spouse is abusive or violent or you are concerned that he/she may become abusive or violent, call us to arrange an interview.
It is important that if your partner/spouse has been abusive or violent towards you or if they have threatened violence towards you, that you contact the Police as soon as possible to make a statement.
The services we can provide:
- We can assist you to apply for a Domestic Violence Order (DVO) or a Personal Protection Order (PPO).
o These are court orders that require that the person nominated in the application refrain from domestic or personal violence.
o It is an offence for the person nominated in the DVO or PPO to breach a protection order. The penalty is $55,000 or 5 years imprisonment or both.
- For more information see: http://www.legalaidact.org.au/pdf/publications_dvosandppos.pdf.
- We may be able to refer your case to Legal Aid (subject to eligibility) and we can refer you to support services.
- We can also assist you to fill out an application for Legal Aid.
My parents are divorced, and I want to change my living arrangements:
The Family Law Act 1975 (Cth) provides that each parent has a responsibility for each of their children until the age of 18. If a Court believes that it is not in your best interests that your parents have shared parental responsibility or if a Court finds that a parent has engaged in abuse or family violence, the Family Court may make orders for a certain living arrangements under s 61DA Family Law Act 1975 (Cth).
We can advise you in regards to the different processes that exist where your parents cannot agree on living arrangements, or if you have strong views about your preferred living arrangements. These may include referring you to a suitable Independent Children’s Lawyer and making an application for a Parenting Order at the Family Law Court. Please ring us to arrange an appointment so that we can discuss with you the options relevant to your situation.
If you wish to live separately from your parents and are under 18 years of age, please contact us to arrange an appointment so we can inform you as to your rights and discuss your situation. It is against the law for a landlord to refuse to rent you a house because of your age. However, it can be difficult to prove that a landlord has refused your application on this basis.
Although it is not illegal to live separately from your parents before you reach the age of 18, your parents may have the right to contact the Police or Care and Protection Services to ask for their assistance to return you home. If you are considering living separately from your parents or moving into rented accommodation, please contact the YLC so that we can assist you to determine your rights and responsibilities.
I am Separated from my Partner and Want to Change Arrangements for Care of our Child
The Family Law Act 1975 (Cth) provides that each parent has a responsibility for each of their children until the age of 18. This is not affected by separation or divorce.
You can apply to the Family Court for Parenting Orders in regards to child custody. However, before a Court will accept an application for Parenting Orders, you must be able to show to the Court that you have made a genuine effort to resolve the matter by family dispute resolution. This will require a certificate from an accredited family dispute resolution practitioner. However, there may be some circumstances in which a Court will waive the requirement for you to provide a certificate, for example, if there has been family violence or abuse. Legal Aid has a Family Dispute Resolution service. See: http://www.legalaidact.org.au/whatwedo/faq/fdr.php.
The YLC can assist you with your application for Legal Aid. We can also assist you by informing you as to your rights and the basic legal framework that applies. Further, if you already have a certificate from an accredited family dispute resolution practitioner we may be able to assist you to fill out your application for Parenting Orders.
I Want to Access Child Support/Maintenance or I want to Challenge/Change Existing Child Support Arrangements:
The Family Law Act 1975 (Cth) provides that each parent has a responsibility for each of their children until the age of 18, including a responsibility to pay child maintenance. This responsibility is not affected by separation or divorce, the remarriage of one of the child’s parents, or where the child lives and the amount of time the child spends with a parent.
If your child was born before 1989 or you separated with your partner before 1981 you can apply to the Department of Human Services (Child Support). They can assist you to make child support arrangements. There are two types of Child Support agreements, ‘limited’ and ‘binding’. Before entering into a binding agreement for Child Support, the Department of Human Services requires that you obtain a legal certificates that verifies that you have obtained legal advice. Please call us or email us to make an appointment to discuss your case.
If both parents agree about the child support arrangements, it is not necessary to apply to the Department of Human Services. However, there may be particular requirements if you receive payments from Centerlink.
If you wish to change existing child support arrangements that were implemented by the Department of Human Services, you may be able to apply to the Federal Circuit Court. In order for the application to be successful you must be able to establish ‘special circumstances’ under one or more of the 10 change of assessment reasons and demonstrate that it would be fair to both parents, the children and the community to change the assessment. For the list of 10 reasons and for a copy of the legislation covering child support please visit: http://guides.dss.gov.au/child-support-guide/2/6/2.
For further information on how child support is calculated you can call the Child Support Agency on 131 272, or you can visit www.humanservices.gov.au/customer/enablers/online-estimators.
Please call us or email us at the YLC if you have any questions and we can assist you to determine your rights and responsibilities.
Duty Lawyers:
If you have a scheduled hearing in the next couple of days in relation to a family law matter and you have not been able to see a lawyer, a duty lawyer may be able to assist you.
To see the times that Duty Lawyers are available at the various courts in the ACT please click here: www.legalaidact.org.au/whatwedo/lawyersatcourt/. Please be aware that due to heavy demand and time constraints the assistance that a duty lawyer can provide you is limited. For further information on the type of matters that a duty lawyer may be able to assist you with, visit: www.legalaidact.org.au/whatwedo/faq
While you do not have to book to see a duty lawyer, duty lawyers are very busy. If you need to rely on the services of a duty lawyer it is recommended that you arrive at court between 9:00-9:30 on the day of your hearing and that you ask staff where the duty lawyer is.
If you are unable to meet with a duty lawyer, consider asking the magistrate, judge or tribunal member to have your case moved to a later time so that you may seek advice from the duty lawyer.
I Was a Victim of Sexual Assault/Rape/Harassment, What Do I Do?
If you have been a victim of sexual assault, rape or harassment it is important that you contact the Police to provide them with a statement as soon as possible. If you discussed the incident with anyone immediately following the incident it may be a good idea to ask that person to accompany you to the Police Station so that they can make a separate statement.
There are services that exist to support you and to provide counseling and immediate assistance. For a list of the available services in the ACT please see: www.rape-dvservices.org.au/Get-Help/National-Services/ACT.
Victims of domestic violence can contact the 24h Domestic Violence Crisis Service ACT on: 6280 0900 or if you have a hearing impairment: 6228 1852. For further information, please see their website www.dvcs.org.au
If you have any questions please call or email the YLC to arrange an appointment.
If you are a woman, you can also contact the Women’s Legal Centre for free, confidential legal advice that is provided by women: 62574499 www.womenslegalact.org
EMPLOYMENT
I’ve just been fired, what do I do?
You may have been unfairly dismissed if the reason for firing, or the way you were fired, was harsh, unjust or unreasonable. You may then be entitled to get your job back, or receive compensation for your lost job.
The Fair Work Commission deals with unfair dismissal issues. https://www.fwc.gov.au/about-us/resources/guide-unfair-dismissal. Unfair dismissal laws apply to all employees in the Australian Capital Territory. It defines unfair dismissal as arising where an employee was dismissed and that dismissal was harsh, unjust or unreasonable, that was not a case of genuine redundancy and that was inconsistent with the Small Business Fair Dismissal Code where the employee was employed by a small business. A small business employs fewer than 15 employees. The Small Business Fair Dismissal Code provides that it is fair for an employer to dismiss an employee without notice or warning where the employer believes on reasonable grounds that the employee’s conduct is sufficiently serious to justify immediate dismissal. Serious misconduct includes theft, fraud, violence and serious breaches of occupational health and safety procedures. For a dismissal to be deemed fair it is sufficient, though not essential, that an allegation of theft, fraud or violence be reported to the police. The employer must have reasonable grounds for making a report.
If you have been unfairly dismissed, you have only 21 days to make an application to the Fair Work Commission. If you don’t make an application within 21 days of your dismissal, there is a possibility that you could be granted an extension, but this is only granted in rare or unusual circumstances.
You can fill out an Unfair Dismissal Application at: www.fwc.gov.au/about-us/resources/forms. Information can also be found here about filing the application online.
The Youth Law Centre can advise if you were unfairly dismissed, and help you make an application to the Fair Work Commission. Because of the strict time limit, please call or email us as soon as possible.
I Think I’m Being Underpaid
The national Fairwork system governs all employees in the Australian Capital Territory. For an up-to date assessment of the current national minimum wage please see: www.fairwork.gov.au/about-us/policies-and-guides/fact-sheets/minimum-workplace-entitlements/minimum-wages.
You can check whether you are being paid the correct amount by visiting: http://paycheck.fwo.gov.au/PayCheckPlus.aspx. This site can also assist you to determine whether you have been receiving the appropriate penalty rates and allowances. Penalty rates may apply if you have been working weekends, public holidays, overtime, late night shifts or early morning shifts. There are some workplace arrangements that affect how penalty rates and allowances are paid. These include: salary payments, employment contracts, individual flexibility agreements and guarantees of annual earnings. For more information see: www.fairwork.gov.au/pay/penalty-rates-and-allowances.
An employer must not contravene a term of a modern award of a national minimum wage order. If you have been underpaid, check with your employer to determine whether a genuine mistake has been made. In situations where the employer has purposely been underpaying the employee, a written request should be made to the employer asking him/her to remedy the situation. Once all these avenues have been exhausted, an employee should make a complaint to the Fair Work Ombudsman.
If you have been engaged in unpaid work and believe that you are entitled to be paid, please see the general fact sheet on unpaid work provided by the Fair Work Commission: www.fairwork.gov.au/about-us/policies-and-guides/fact-sheets/unpaid-work/unpaid-work. For more specific fact sheets relating to unpaid work in different industries visit: www.fairwork.gov.au/pay
The Fairwork Commission provides a step-by-step guide to resolving workplace issues. You can access this guide by visiting: www.fairwork.gov.au/how-we-will-help/how-we-help-you/help-resolving-workplace-issues#find-out-what-we-can-help-with
The Youth Law Centre can advise you of your rights regarding pay and wages, and can help you determine if you have been underpaid. If necessary, we can help you make an application to the Fair Work Commission.
I’m being bullied/discriminated against at work
Under the national anti-bullying laws, a worker who believes that he or she has been bullied at work may be able to apply to the Fair Work Commission for an order to stop the bullying. In order to be eligible to apply to the Fair Work Commission you must meet the definition of a ‘worker’ and be employed by a ‘constitutionally-covered business’. To determine if you satisfy these requirements visit www.fwc.gov.au/resolving-issues-disputes-and-dismissals/workplace-issues-disputes/anti-bullying/who-can-apply.
The Fair Work Commission describes bullying at work as where ‘a person or a group of people repeatedly behave unreasonably towards a worker or a group of workers at work AND the behavior creates a risk to health and safety.’ For more information on the definition of ‘bullying at work’ see section 789FD of the Fair Work Act 2009 (Cth).
The Fair Work Commission lists as examples of bullying behavior as including: aggressive or intimidating conduct, belittling or humiliating comments, spreading malicious rumours, teasing, practical jokes or ‘initiation ceremonies’, exclusion from work-related events, unreasonable work expectations, including too much or too little work, or work below or beyond a worker’s skill level, displaying offensive material and pressure to behave in an inappropriate manner.
To constitute bullying according to the Act, however, the behavior must be repeated and unreasonable and it must create a risk to health and safety. For more information on what amounts to workplace bullying see: visit www.fwc.gov.au/resolving-issues-disputes-and-dismissals/workplace-issues-disputes/anti-bullying
The Fair Work Commission states that workers should – where possible- try to address issues if bullying at work within the work place. This would involve raising the issue with your supervisor and or manager, health and safety representative or human resources department. If you have exhausted these avenues, you may want to lodge an application with the Fair Work Commission. You can find the application and an overview of the application process at: www.fwc.gov.au/resolving-issues-disputes-and-dismissals/workplace-issues-disputes/anti-bullying/what-the-process.
Please call the Youth Law Centre to arrange an appointment or require any assistance filling out the application form.
For more information on discrimination and your rights, see: www.ag.gov.au/RightsAndProtections/HumanRights/Pages/default.aspx
Sexual harassment at work
Sexual harassment at work is any unwelcome sexual behavior which offends you, or makes you feel humiliated or intimidated, sexual advances, including staring, unwelcome physical contact and repeated requests to go out on dates outside of work, requests for sexual favours, including suggestive comments and jokes or sexual behavior directed towards you. www.lawstuff.org.au/act_law/topics/sexual-assault-and-sexual-harassment/sexual-harassment has useful information regarding what to do if you are sexually harassed at work as well as important contacts. You can change the setting on the website to ‘Australian Capital Territory’ so that the information provided is relevant to your situation.
Under the Sex Discrimination Act 1984 (Cth) it is against the law to be treated unfairly because of your sex, marital status, family responsibilities, because you are pregnant or might become pregnant or because you are breast feeding. As of 1 August 2013 it is also against the law to be treated unfairly because of your gender identity, intersex status, sexual orientation and marital or relationship status. It is possible to make a complaint to the Australian Human Rights Commission: https://www.humanrights.gov.au/complaints/make-complaint. If your complaint is not resolved or if it is discontinued for whatever reason, you may be able to take the matter to court. However, you must do this within 60 days of the Commission having finalised the application: https://www.humanrights.gov.au/sites/default/files/WEB_the_complaint_process_UD.pdf.
If you have any questions or require any assistance, please do not hesitate to call us to make an appointment.
I was injured at work, what do I do?
- If you are injured at work you are entitled to compensation under the Workers Compensation Act 1951 (ACT).
- It is very important that you give notice to your employer as soon as possible. Any compensation will be payable from the date that you give your employer notice. You must then obtain a claim form from your employer (once your employer has notified their insurance company). You must fill out this claim form and return it to your employer as well as an approved medical certificate from your doctor. For more information about the steps to take following your injury, see: http://www.worksafe.act.gov.au/page/view/1181/title/making-a-claim.
- Your employer is liable to pay weekly compensation from the date that the worker gives notice of the injury to the employer. The compensation that you receive will be your average weekly earnings. If you are incapacitated for longer than 26 weeks, the compensation that you receive will be calculated under the Workers Compensation Act 1951 (ACT).
- Generally a ‘worker’ is an individual who works under a contract of service whether the contract is express, implied or oral. For further information about whether you qualify as a ‘worker’ see: http://www.worksafe.act.gov.au/page/view/1454/title/am-i-a-worker.
- Your employer is legally required to have insurance. However, if your employer does not have insurance you can still receive compensation under the ACT’s Default Insurance Fund. If you think that your employer has failed to comply with this requirement, you may report this to Work Safe ACT on (02) 62073000.
- If your employer is refusing to pay you compensation you may be able to get the assistance of a lawyer on a ‘no win no fee basis’. That means that you will not have to pay the lawyer’s fees unless you win.
The Youth Law Centre can help advise you whether you may have a claim for workplace bullying, and what your options may be. If appropriate, we may be able to help you make an application to the Fair Work Commission, or refer you to a private lawyer.
DEBT
I have a debt that I can’t afford, what do I do?
First, you should check how old the debt is. If the debt is six years old and you have not admitted in writing that you owe the debt, no court judgment has been entered against you, you have not made a payment during that 6 years time and the debt does not arise from a deed (like a mortgage) the debt may be statute barred. In this case it is important that you call us to make an appointment as soon as possible and that you do not make a payment or agree that you owe the debt in that time. However you must make an appointment to see us so that we can advise you as to your rights and possibly refer you to a financial counselor: https://www.moneysmart.gov.au/media/400182/dealing-with-debt.pdf.
If you are unable to pay your debts, you may be able to negotiate a more flexible repayment plan with your debtor. For more information on how to manage your debts see: https://www.moneysmart.gov.au/managing-your-money/managing-debts; https://www.moneysmart.gov.au/media/283411/cant-pay-your-debts.pdf.
Care Financial Counseling may be able to provide you with financial counseling and advice. For more information on Care visit:http://www.carefcs.org/
If you believe that the contract was unfair or if you were misled or deceived about the terms of the contract you may be able to challenge the debt. Please contact us to arrange an appointment and bring with you all documentation relating to the debt, including any letters or correspondence between you and your debtor. We may be able to refer you to financial counseling services or to the Financial Ombudsman or Credit Ombudsman. For further information see: http://www.fos.org.au and http://www.cio.org.au or call 1300 780 808 to contact the Ombudsmans’ offices directly.
I have a debt that I didn’t incur/it was someone else’s debt (ie ex-partner)
Generally you will not be liable for another person’s debt. However, there are some situations in which you can become legally responsible for another person’s debt, including by agreeing to be a co-borrower or a guarantor for a loan.
If you are a co-borrower or a guarantor and you agreed to this out of fair or coercion, or if you did not understand the nature or extent of the commitment that you were making, you may be able to challenge the debt. Please contact us as soon as possible to make an appointment.
If you think that you have been the victim of identify theft, please contact your financial institution immediately to inform them. See: https://www.moneysmart.gov.au/media/400943/your-credit-report.pdf for information on how to check your credit report. This may be able to provide you with information of any credit extended or loans taken out in your name.
You may be able to challenge the debt at the ACT Civil and Administrative Tribunal (ACAT). We can assist you to fill out a ‘debt declaration’ form, which you can find here: http://www.legislation.act.gov.au/af/2009-277/current/pdf/2009-277.pdf. Please call us to make an appointment so that we can give you further advice and assistance. In certain circumstances, ACAT can make a ruling on the amount of debt that you owe and can also declare that you are not indebted to the other person at all. In order to lodge a Debt Declaration the debtor must have sent you a Letter of Demand. A copy of the debtor’s Letter of Demand must be attached to the Debt Declaration application. Please bring this and any other relevant documentation with you to your appointment with us.
Someone owes me money, what can I do to get it from them?
The Youth Law Centre may be able to assist you to write a letter of demand. Please call us to make an appointment and bring with you all the documentation that is relevant to the debt.
If the debt is older than 6 years, you may be statute barred and unable to claim the debt: https://www.actlawsociety.asn.au/public-information/somebody-owes-you-money. Please contact the Youth Law Centre so that we can arrange an appointment with you to provide you with some general legal advice.
If you have already sent a letter of demand and other forms of negotiation have been unsuccessful and if the debt is lower than $10,000, we can assist you to make a Debt Application to the ACT Civil and Administrative Tribunal (ACAT): http://www.legislation.act.gov.au/af/2009-274/current/pdf/2009-274.pdf.
CENTRELINK/MEDICARE ISSUES
Centrelink has refused my application, what do I do?
If Centrelink has refused your application you can ask for a review of the decision. You may do this by writing to Centrelink, calling or visiting one of Centrelink’s Service Centres. For more information, visit: http://www.humanservices.gov.au/customer/information/reviews-and-appeals.
Canberra Community Law provides specialist free confidential advice in this area. For further information visit: http://www.canberracommunitylaw.org.au/social-security-law or contact (02) 6218 7977 or free call 1800 445 665 from south-east NSW. The Canberra Community Law Centre is located on Level 1, 21 Barry Drive, Turner ACT 2612.
I’m having a problem with public housing, who can I talk to?
The Canberra Community Law Centre can provide free and confidential specialist advice on housing law and on issues relating to public housing. For more information, visit: http://www.canberracommunitylaw.org.au/housing-law or call (02) 6218 7977. It is located on Level 1, 21 Barry Drive, Turner ACT 2612.
For further information including fact sheets and brochures, see: http://www.canberracommunitylaw.org.au/fact-sheets-brochures.
The Tenants Union ACT Inc may also be able to provide you with some assistance and advice, if you are a tenant. See: http://www.tenantsact.org.au/RentingAdvice, or call (02) 6247 2011 between 10.00 and 11:30 on weekday mornings.
The Tenants Union ACT Inc also holds weekly information sessions designed to inform tenants as to their rights: http://www.tenantsact.org.au/services/weekly-information-sessions.
However, the Tenants Union ACT Inc does not provide advice to landlords, real estate agents, head tenants against subtenants or grantors. If you are a landlord, real estate agent, head tenant (against subtenant)s or grantor you can contact the ACT Law Society and arrange a free appointment with their Legal Advice Bureau on (02) 6247 5700.
MIGRATION
The Youth Law Centre and Legal Aid do not currently have a migration department.
However, if you would like to call us to arrange an appointment we could discuss your matter and refer you to a suitable migration agent.
If you are concerned that any legal issues (for example, a criminal charge, or an employment issue) may affect your visa status, you should contact the Youth Law Centre or Legal Aid as soon as possible to discuss your options.