Which Beneficiaries Can Contest A Will?A Family Provision Claim can only be lodged in NSW if the testator was living in NSW before their death or if they owned real estate in NSW.A beneficiary can contest a will if they were:The testator’s spouse when they died;The testator’s de facto partner wh...

The Anti-Discrimination Act 1977The Anti-Discrimination Act 1977 makes discrimination unlawful toward job applicants and employees, commission agents and contract workers. The Act states that if certain actions are done for two or more reasons, and one of those reasons is discriminatory, then the ac...

What is bullying?For those workers in New South Wales who are covered by the Fair Work Act 2009, the Fair Work Commission has powers to make orders to stop bullying in some instances. These orders are designed to stop ongoing bullying. An application can be made by a ‘worker’, which includes all...

The Sex Discrimination Act 1984 (Cth) and the Anti-Discrimination Act 1977 (NSW) prohibit sexual harassment in the following areas of public life:In the course of your employment;In the course of obtaining goods and services e.g. from shops, medical services, government services etc;In the course of...

Which unfair dismissal laws applyIf you are a public sector employee (employed by the State or local government but not the Commonwealth government), you come within the New South Wales industrial relations system. These unfair dismissal laws are contained in Part 6 of the Industrial Relations Act 1...

The Fair Work ActThe FW Act is managed by two bodies – the Fair Work Commission and the Fair Work Ombudsman. The Act is designed to ensure that there is a safety net of minimum entitlements for workers (the National Employment Standards or NES), to enable flexible working arrangements and fairness...

In New South Wales claims of less than $10,000 are heard in the Small Claims Division of the Local Court. The purpose of the small claims division is to deal with minor legal matters in a way that is more accessible to the ordinary person. Small claims proceedings are conducted with far less formali...

Consumer claims in NSW relate to the supply of goods and services under the Fair Trading Act 1987 and the Australian Consumer Law. This includes disputes over monies, or the purchase of vehicles used for private use.Consumer claims under $40,000 will need to be commenced in the NSW Civil and Adminis...

Prosecution in the District CourtPrivate solicitors cannot prosecute trials in the New South Wales District Court. The New South Wales Office of the Director of Public Prosecutions is the prosecuting service and government agency responsible for prosecuting serious criminal offences in the New South...

Children’s Court jurisdictionsThe Children’s Court has jurisdiction to hear and determine matters of the following type:Criminal Offence Applications for apprehended violence ordersApplications for compulsory schooling orders with respect to the parents of a child, and in some cases the child, w...

What is a jury?In NSW, juries are usually made of 12 jurors selected from the electoral roll, although sometimes juries of 15 are empanelled in cases expected to last more than three months. Most criminal cases in the District and Supreme Courts are determined by a jury, and so are some large civil...

When the Local Court convicts, penalises or sentences a defendant and the defendant is not present in court, the court orders are reviewable by way of an application for annulment. Such an application is made under Section 4 of the Crimes (Appeal and Review) Act 2001 and must be lodged within two ye...

New South Wales has six youth detention centres, known as Youth Justice Centres, which accommodate young people who have been refused bail or sentenced to detention. In the second quarter of 2019, there were 8,837 young people serving sentences in detention in NSW. There were 4,566 young people bein...

Which convictions can be spent?All convictions can become spent, except the following:Convictions for offences for which a prison sentence of more than 6 months was imposed;Convictions for sexual offences;Convictions imposed against bodies corporate;Convictions set out in the regulations.A convictio...

Offences that can lead to imprisonmentThe criminal law of New South Wales is contained primarily in the Crimes Act 1900 (NSW). This Act also works in conjunction with federal legislation, such as the Crimes Act 1914 (Cth) and the Criminal Code Act 1995 (Cth). Both of these Acts address the interpret...

What is the process for ordering home detention?If the court is satisfied that no sentence other than a term of imprisonment is appropriate for an offence and that the term of imprisonment should be set at 18 months or less, it may then consider ordering that the sentence be served by way of home de...

Drug diversion programs in NSW (New South Wales) provide offenders who are also drug users an opportunity for education and possibly treatment to help them to overcome their drug use and reduce the likelihood they will commit crimes in the future.Police can exercise their discretion and deal with mi...

What are the purposes of a sentence?Section 3A of the Crimes (Sentencing Procedure) Act 1999 (NSW) sets out the ‘purposes of punishment’ which a court should consider when sentencing an offender.These are:Retribution or just punishment;Deterrence;Community protection;Rehabilitation;Accountabilit...

A character reference is a letter written by a person who knows you and can tell the court about your good character. In all the states including New South Wales a character reference can help the court to understand a bit more about you as a person and may help you to receive a lesser penalty. You...

The offence of breaching an AVO in New South Wales is set out in section 14 of the Crimes (Domestic and Personal Violence) Act 2007.An AVO (Apprehended Violence Order) is breached if you do something that is in breach of the conditions listed in the order. You cannot be in breach of an AVO in NSW un...

An Apprehended Violence Order or AVO in New South Wales is a Court order made under the Crimes (Domestic and Personal Violence) Act 2007 to protect you from violence, intimidation or harassment in the future.AVO in New South WalesAn AVO in New South Wales is called an Apprehended Domestic Violence O...

The law recognises a person’s right to protect themselves when they are being physically attacked or are faced with a threat of physical violence. The extent to which it is permissible to use violence in self-defence depends on the circumstances and the extent of the threat faced. In New South Wal...

In New South Wales, extreme provocation can be used as a ‘partial defence’ to a charge of murder. If a person charged with murder was acting in response to extreme provocation, he or she will be found guilty of manslaughter rather than murder (Crimes Act 1900, Section 23(1)). The defence of prov...

Definition of duressTo secure an acquittal on the basis of duress, an accused must call evidence that:A threat of death or serious injury was made to the accused or a member of their family;The gravity of the threat was such that a person of ordinary firmness and of the accused’s sex and maturity...

In order for an accused to be found guilty and convicted of a crime in NSW, the prosecution must be able to prove, beyond a reasonable doubt, that the person’s conduct was voluntary. Where a criminal act is committed in a state of automatism, this means that the offence was committed involuntarily...

In all Australian jurisdictions, the age of criminal liability is 10. This means that no child below the age of 10 can be arrested, summonsed or found guilty of a criminal offence. In New South Wales, this rule is contained in Section 5 of the Children (Criminal Proceedings) Act 1987. Children betwe...

Summary offences are minor offences that are heard in the Local Court. The maximum penalty that can be imposed for any single summary offence is imprisonment for two years, though many summary offences carry a penalty of a fine only. Summary offences include offences contained in the Summary Offence...

New South Wales was the first place in the world to decriminalise adult sex work. It has the most liberal laws around sex work in Australia. The process of decriminalisation began in NSW in 1979, when criminal offences relating to street-based sex work were repealed. In 1995 most aspects of sex work...

What is robbery?For a person to be found guilty of robbery, the following elements must be proven:There must have been an unlawful taking away of property with the intention of permanently depriving the owner of it;The property must have been taken without the owner’s consent. Consent obtained by...

Perjury is a criminal offence consisting of knowingly making a false statement on oath in connection with any judicial proceeding. The false statement can be made in oral evidence or in writing. In New South Wales, perjury is governed by Section 327 of the Crimes Act and carries a maximum penalty of...

Indictable offences are serious offences that carry significant penalties and are heard in the Supreme Court or the District Court. Offences that are not indictable offences are known as summary offences and are dealt with in the Magistrates Court.Indictable offences in New South Wales are governed...

There are various offences relating to the use and misuse of firearms in New South Wales. These are contained in the Firearms Act 1996, the Crimes Act 1900 and the Weapons Prohibition Act 1988. Firearms legislation across all Australian states was comprehensively reformed in 1996 following the Port...

The legislation that governs the Child Protection Register in NSW (New South Wales) is the Child Protection (Offenders Registration) Act 2000. The aim of the Register is to increase and improve the accuracy of police intelligence, assist to investigate and prosecute child sex offences committed by r...

Common assault in New South WalesCommon assaults are charged under s 61 of the Crimes Act 1900 and are usually dealt with by a Local Court; however, the prosecution can elect to have a common assault matter dealt with in the District Court.An assault is a common assault when it results in no injury,...

Abortion in New South Wales before 22 weeksUnder section 5 of the Abortion Law Reform Act 2019, a doctor may perform an abortion on a person who is no more than 22 weeks pregnant with their informed consent, or with the informed consent of another person on their behalf if they lack the capacity to...

Police misconduct in New South Wales is taken very seriously. Employees of the New South Wales Police Force (NSWPF) are expected to behave professionally and with integrity and to make sure that their authority is exercised responsibly. You have a right to complain if you are dissatisfied or concern...

A voir dire is a pre-trial procedure used to determine the admissibility of particular evidence. It occurs when one party challenges the admissibility of evidence the other party proposes to adduce. A voir dire consists of the court making findings of fact and applying the law after hearing evidence...

Deciding bail applicationsSection 18 of the Bail Act sets out the factors that must be assessed when deciding bail applications. These are:The accused’s background, including their criminal history, circumstances and community ties;The nature and seriousness of the alleged offences;The strength of...

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