ACT

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…

Working with vulnerable people in the ACT is regulated by the Working with Vulnerable People (Background Checking) Act 2011. The Act requires people, including the self-employed, who work or volunteer with vulnerable people to undertake a risk assessment (background check) and to be registered. Those looking work with vulnerable people in the future may apply…

The ACT government has introduced a new offence aimed at improving road safety for all road users. Introduced by Part 1.10 of the Justice and Community Safety Legislation Amendment Bill 2016, the new provision, s 28A in the Crimes Act 1900, makes it an offence to: deliberately throw an object at a vehicle deliberately drop…

The laws covering drug offences in the ACT (Australian Capital Territory) are the Criminal Code 2002, the Drugs of Dependence Act 1989, and the Medicines, Poisons and Therapeutic Goods Act 2008. These laws state that it is an offence to possess, administer (to yourself or someone else), cultivate, sell, give away or exchange illegal drugs.…

On 9 February 2016, the ACT parliament passed the Road Transport Legislation Amendment Bill 2015 (No 2). While yet to be notified, this new legislation brings with it a number of changes to drink and drug driving laws in the ACT including a significant change to the powers of police to test drivers for alcohol…

Drug Diversion Programs in the ACT (Australian Capital Territory) are aimed at diverting people who have been arrested for and/or charged with alcohol or drug-related offences out of the court system and into the health system. It is a partnership between ACT Health, ACT Policing, the courts, and non-government agencies which aims to meet the…

The laws of defamation in the ACT aim to find a balance between freedom of expression and the protection of reputation. What is defamation in the ACT? Defamation is where a false statement is communicated to a third party, causing injury to the reputation of the person about whom the statement is made. In 2006,…

Anyone can make a complaint about suspected police misconduct in the ACT (Australian Capital Territory) whether it involves ACT Policing (ACTP) or the Australian Federal Police (AFP). You can complain about the conduct and actions of individual officers or the practices and procedures of either police force. ACTP is a branch of the AFP so…

The law that deals with the Child Sex Offenders Register in the ACT (Australian Capital Territory) is the Crimes (Child Sex Offenders) Act 2005. The register requires some people who have committed sexual offences to update police as to their whereabouts and their personal details for a set period of time. The register is intended…