ACT

The ACT’s youth detention centre is Bimberi Youth Justice Centre. It houses children and young people between the ages of 10 and 21, who have been remanded or sentenced to detention. The centre is operated by the Department of Community Services, which has produced a Charter of Rights for Young People in Bimberi, which sets…

The ACT Parliament yesterday passed legislation that will make possession of cannabis legal, provided it is a small amount for personal use. The laws will come into effect on 31 January 2020. The change makes the ACT the first Australian jurisdiction to legalise personal use of cannabis, following 11 US states and numerous countries including…

The ACT’s Animal Welfare Act 1992 creates a number of criminal offences consisting of acts of cruelty to animals. The act applies to all vertebrates and cephalopods as well as to crustaceans intended for human consumption. The Act also regulates the treatment of farm animals and provides for codes of practice to be made to…

Laws surrounding abortion vary widely between different states and territories. Abortion was decriminalised in the ACT in 2002 and the ACT now has the most liberal abortion laws in the country. Women can obtain an abortion ‘on demand’ at any point in their pregnancy. The ACT has also enacted provisions making it a criminal offence…

Under the Victims of Crime (Financial Assistance) Act 2016, victims of acts of violence in the ACT can obtain financial assistance for expenses incurred as a result of physical or psychological injuries. The scheme allows victims of violent offences, witnesses to homicides and the close family members of homicide victims to obtain financial assistance. In…

The ACT has only one adult prison facility, which is the public operated Alexander Maconochie Centre (AMC), located on the Monaro Highway in Hume. AMC has been operating since 2009, before which ACT prisoners were sent to New South Wales prisons. AMC houses both those sentenced to imprisonment and those being held on remand. It…

People living in the ACT are protected against sexual harassment by both territory and federal law. The Discrimination Act 1991 prohibits sexual harassment in the ACT and the Sex Discrimination Act makes it unlawful at a federal level. People living in the ACT who experience prohibited behaviour can complain either to the ACT Human Rights…

The Human Rights Act is an ordinary act passed by the ACT parliament in 2004. It promotes human rights in the ACT by requiring ACT legislation to be interpreted in a way that is consistent with its provisions. The ACT is one of only two Australian jurisdictions to have passed human rights legislation (the other…

The ACT is one of the most progressive Australian jurisdictions with respect to the rights of lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) people. The ACT returned a higher ‘Yes’ response than any other state or territory in the 2017 same-sex marriage postal vote, with 74% voting yes.  Although ACT law contains many protections…

Sexual offences in the ACT are governed by the Crimes Act 1900. As well as including numerous offences against children below the age of consent, the act sets out various categories of offences involving sexual intercourse with adults. In most sexual offences against adults, an absence of consent is an essential element. Sexual intercourse without…

The criminal laws in Australian states and territories are notorious for their lack of consistency. The age at which a person can consent to sex is one example of this. While the age of consent is 16 in most jurisdictions, it stands at 17 in others. Different states have different defences available to charges of…

A breach of a Domestic Violence Protection Order in the ACT is a serious criminal offence. In the ACT, orders restraining a person (the defendant) from committing family and domestic violence are made under the Domestic Violence and Protection Orders Act 2008 (ACT). These orders are referred to as Domestic Violence Protection Orders. They provide…

Alternative Dispute Resolution in the Australian Capital Territory (also referred to as ADR) is a system of resolving disputes outside of courtrooms. Australia has a nation-wide system for ADR in its Federal Courts. ADR can help people resolve a dispute before they go to court. It is usually faster, cheaper, and does not have to…

Trespass in the ACT is considered a civil dispute or tort. This means you can sue and be sued for trespass, and the court must be satisfied on the balance of probabilities that the trespass occurred. Trespass in the Australian Capital Territory is a type of civil action A trespass is also known as ‘actionable…

Fraud in the Australian Capital Territory is dealt with under Part 3.3 of the Criminal Code 2002 (ACT).  This part of the Code covers a range of fraud-based offences including obtaining property by deception under section 326, obtaining financial advantage by deception under section 332, general dishonesty under section 333 and conspiracy to defraud under…

When attending court in the Australian Capital Territory (ACT), you will need to follow the required etiquette to show respect for the legal system. If you do not show the appropriate level of respect, the judicial officers may find you in contempt of court or ask you to depart from the courts. Preparing for court…