VIC

Written by Sylvie Maranis and Chantal McNaught So that Magistrates can hear after-hours bail requests, the Victorian government is introducing a night court. The announcement comes after the Bourke Street tragedy in Melbourne on Friday, 20 January 2017. The alleged perpetrator had been released on bail by a bail justice a few days before using…

Domestic and family violence in Victoria is a serious issue. This article provides you with specific information about domestic and family violence in Victoria. The Family Violence Protection Act 2008 is now the main legislation governing domestic and family violence in Victoria. This Act recognises that family violence is not just physical but also includes…

A Breach of a Family Violence Intervention Order in Victoria is governed by the Family Violence Protection Act 2008. Family Violence Intervention Orders are used when individuals in a domestic family relationship are found to be experiencing violence or threatened violence. Family Violence Intervention Orders are governed by the Family Violence Protection Act 2008 which…

The tort of negligence in Victoria is regulated by both the Wrongs Act 1958 (Vic) and case law (also referred to as common law). Simply put, negligence is defined as the failure to exercise reasonable care and skill. A person can be negligent in the way they do something, or in failing to do something.…

Fraud in Victoria includes a number of offences which involve deception, including the offence of obtaining property by deception. Obtaining property by deception is covered under section 81 of the Crimes Act 1958 (VIC) which states that it is a crime for a person to act deceptively and with dishonesty obtaining or acquiring any property…

The Victorian government takes excessive speeding seriously. Under the Road Safety Act 1986 and the Road Safety (Drivers) Regulations 2009, there are automatic and mandatory licence suspension sentences for drivers who excessively speed. It is an offence to drive in excess of the speed limit and driving up to 24 kilometres above the limit will…

In Victoria, the installing, using, maintaining and retrieving of all surveillance devices is regulated by the Surveillance Devices Act 1999 (Vic). A surveillance device includes any listening device, optical surveillance device, data surveillance device or tracking device, or any device that is a combination of these things. A listening device is any device that can…

Most people will need to get a Working With Children Check if they are going to do child-related work or volunteering in Victoria. Child-related work is work that involves direct, unsupervised contact with someone who is under 18 as part of your duties.  Direct contact means your work allows you to have physical contact or…

While falling short of the drink driving records we have reported in previous posts, and which involved open licence holders, a learner driver in Melbourne has possibly just achieved a record for inexperienced drivers. Around 2:00am on Friday, police noticed a car driving erratically along Doncaster Road through Donvale. It was travelling at only 20km/h.…

Melbourne woman, Michelle Chaffey, 32, has achieved the dubious distinction of being possibly Australia’s worst driver. Dubbed the ‘demerit queen’ by Channel 9, Chaffey appeared in Ringwood Magistrates’ Court on 14 June 2016 after having accrued 157 driver demerit points and additional charges for having been driving while her licence was suspended. The offences related…

On 1 June 2016, new legislation came into effect in Victoria which is designed to ‘protect the community further from sexual offenders including those serious sex offenders who may be, or may become, violent’. The Serious Sex Offenders (Detention and Supervision) Amendment (Community Safety) Act 2016 (‘the amending Act’) alters a number of existing pieces…

Alternative dispute resolution in Victoria is a way of resolving disagreements without having to bring it before a court. Many times, such as in civil cases in the Magistrates Court, or in family matters involving disputes over the care and custody of a child, before a court will hear your case, you will have first…

Landlord rights and obligations in Victoria are governed by the Residential Tenancies Act 1997 (RTA). Starting a tenancy The landlord is required to provide a tenancy agreement (in the standard form) to the tenant. The tenant must be given time to read and understand the agreement before signing. The landlord has the right to add…

The Residential Tenancies Act 1997 (RTA) sets out tenant rights and obligations in Victoria.   Starting the tenancy In Victoria, the tenant should be provided with the following documents when leasing a residential property: Consumer Affairs Victoria Booklet – Renting a home a copy of the unsigned tenancy agreement a bond lodgement form an entry…