Yarn Legal | FAQs Answers to Common Legal Questions

FAQs

Explore our FAQ page to find clear and concise answers to common legal questions related to injury, employment, migration, and wills and estate planning.

Abuse Law

There is no longer a time limit for filing claims related to childhood abuse in Australia. All states and territories have removed the statute of limitations for these cases, allowing survivors to pursue legal action regardless of when the abuse occurred. This change, initiated by Victoria in 2015, covers various forms of abuse including sexual, physical, and related psychological abuse, with slight variations across jurisdictions. The reform recognises that trauma can delay disclosure and seeking justice, providing greater access to justice for victims and holding perpetrators accountable regardless of when the abuse took place.
Jurisdiction Amended Section Type of Abuse No Longer Statute Barred
ACT Limitation Act 1985, s21C Sexual abuse including witnessing sexual abuse.
NSW Limitation Act 1969, s6A Sexual abuse, serious physical abuse, and connected abuse.
NT Limitation Act 1981, s5A Physical abuse or sexual abuse, and psychological abuse arising from that abuse.
QLD Limitation of Actions Act 1974, s11A Sexual abuse or serious physical abuse (amended in later 2019 to include serious physical abuse and related psychological abuse).
SA Limitation of Actions Act 1936, s3A Sexual abuse, serious physical abuse, and related psychological abuse.
TAS Limitation Act 1974, s5B Sexual abuse, serious physical abuse, and psychological abuse arising from that abuse.
VIC Limitation of Actions Act 1958, s27P Physical abuse or sexual abuse, and psychological abuse arising from that abuse.
WA Limitation Act 2005, s6A Sexual abuse.

Yes, you can make a claim for childhood abuse that occurred decades ago. The law recognises that it often takes survivors many years to process their experiences and seek justice.

Compensation for childhood abuse may include damages for pain and suffering, loss of past and future earnings, medical expenses including psychological treatment, and costs for ongoing care and support.

To be eligible for the National Redress Scheme, you must meet all of the following criteria:

  • You experienced sexual abuse when you were under 18 years old.
  • The abuse occurred before July 1, 2018.
  • The abuse happened in an institutional setting (e.g., school, church, sports club, children's home) where an institution was responsible for bringing you into contact with your abuser.
  • At least one responsible institution has joined the Scheme.
  • You were born before June 30, 2010.
  • You are an Australian citizen or permanent resident at the time of application.
  • You have not already received a court-ordered payment from the institution for the abuse.
  • You have not already applied to the Scheme before.
Additional Considerations
  • If you're currently in jail, you can't apply until you're released, unless there are exceptional circumstances.
  • If you have a serious criminal conviction (sentenced to 5 years or more in prison for a single offense), your application will undergo a special assessment process.
  • The Scheme is open for applications until June 30, 2027.
  • If you're under 18, you can still apply, but your application will be put on hold until you turn 18.

It's important to note that even if you meet these criteria, each application is assessed individually. If you're unsure about your eligibility, you can contact the National Redress Scheme directly or seek advice from a Redress Support Service.

Workplace Injury (WorkCover)

Immediately after a workplace injury, seek medical attention and report the incident to your employer. Document the details of the accident, including time, place, and any witnesses. Keep all medical records and receipts related to your injury.

To file a WorkCover claim in Victoria, complete a Worker's Injury Claim Form and submit it to your employer along with a Certificate of Capacity from your doctor. Your employer must then forward these documents to their WorkCover insurer within 10 days.

Yes, in Victoria you have the right to choose your own doctor for treatment of a workplace injury. Your employer cannot force you to see a specific doctor, although they may request you attend an independent medical examination.

Road Accidents (TAC)

To make a TAC claim after a car accident in Victoria, report the accident to police if they didn't attend the scene, seek medical treatment, and lodge a claim with the TAC within 12 months of the accident. You can do this online, by phone, or by completing a paper form.

Compensation for a road accident injury may include medical expenses, rehabilitation costs, loss of earnings (both past and future), lump sum payments for permanent impairment, and in some cases, damages for pain and suffering.

Yes, you can still claim compensation even if you were partly at fault in the accident. Victoria operates under a no-fault scheme for road accidents, meaning you're entitled to certain benefits regardless of who caused the accident.

Sexual Assault

There is no time limit for reporting sexual assault to the police in Victoria. You can report the incident whenever you feel ready, even if it happened years ago.

As a sexual assault survivor, your legal options include pursuing criminal charges against the perpetrator, seeking a civil claim for compensation, and accessing victim support services. You may also be eligible for financial assistance through the Victims of Crime Assistance Tribunal.

A lawyer can provide crucial support in a sexual assault case by guiding you through the legal process, protecting your rights, helping you seek compensation, and ensuring your voice is heard. They can also liaise with police and prosecutors on your behalf and help you access support services.

Police Misconduct (Victoria)

Police misconduct in Victoria can take various forms, including:
  • Corruption: Such as accepting bribes or using police information for personal gain.
  • Excessive use of force: Using more force than necessary during arrests or interactions with the public.
  • Duty failure: Neglecting to perform required duties or failing to investigate crimes properly.
  • Improper association: Having inappropriate relationships with criminals or suspects.
  • Predatory behavior: Using police powers to take advantage of vulnerable individuals.
  • Human rights violations: Infringing on individuals' rights, such as unlawful searches or detentions.
  • Discrimination: Treating individuals unfairly based on race, gender, religion, or other protected characteristics.
  • Conflict of interest: Allowing personal interests to interfere with professional duties.
  • Misuse of information: Accessing or sharing confidential information without authorization.
  • Drug and alcohol abuse: Being under the influence while on duty or involved in illegal drug activities.

If you believe you've experienced or witnessed police misconduct, you can file a complaint with IBAC. While their online complaint form is currently unavailable, you can download a complaint form from their website and submit it via email or post. IBAC investigates serious police misconduct, while less serious matters may be referred to Victoria Police for internal investigation.

To file a complaint against a police officer in Victoria, you can submit a complaint online through the Police Conduct Unit, visit a police station in person, or contact the Independent Broad-based Anti-corruption Commission (IBAC). Provide as much detail as possible about the incident, including dates, times, and any evidence you may have.

Yes, you can sue the police for misconduct in certain circumstances. This typically involves filing a civil lawsuit for damages resulting from abuse of their position of power to act improperly or illegally. These cases can be complex and require strong evidence.

Employment Law

Your rights in an employment dispute include fair treatment, protection from discrimination and harassment, proper compensation, and adherence to your employment contract and relevant awards. You also have the right to raise concerns without fear of retaliation.

To resolve a conflict with your employer, start by discussing the issue with a Lawyer or your Union. You may also consider mediation or lodging a complaint with the Fair Work Commission. Keep detailed records of all communications and incidents related to the dispute.

Evidence for an employment dispute case may include employment contracts, pay slips, correspondence with your employer, witness statements, performance reviews, and any documentation related to the dispute. It's crucial to keep a detailed record of events, including dates, times, and people involved.

Unfair dismissal in Australia occurs when an employee is terminated from their job in a harsh, unjust, or unreasonable manner. Factors considered include whether there was a valid reason for the dismissal, if the employee was notified of that reason, if they were given an opportunity to respond, and if they received appropriate warnings if the dismissal was related to unsatisfactory performance.

In Australia, you have 21 days from the date your dismissal takes effect to file an unfair dismissal claim with the Fair Work Commission. This timeframe is strict, and late applications are rarely accepted without exceptional circumstances.

Casual workers can claim unfair dismissal if they have been employed on a regular and systematic basis for at least six months (or 12 months for small businesses) and had a reasonable expectation of continuing employment. However, each case is assessed on its individual circumstances.

Basic employee rights in Australia include a minimum wage, maximum working hours, leave entitlements (annual, personal, parental, and long service), protection from discrimination and harassment, safe working conditions, and the right to join a union. You're also entitled to superannuation contributions and notice of termination or payment in lieu.

To address workplace bullying or harassment, start by documenting all incidents, including dates, times, and witnesses. Report the behavior to your supervisor or union. If the issue persists, you can file a complaint with the Fair Work Commission or seek legal advice. Remember, your employer has a duty of care to provide a safe working environment.

If your employer violates your rights, first try to resolve the issue directly with them or through your HR department. Keep detailed records of all communications and incidents. If the violation continues, you can seek advice from a union, contact the Fair Work Ombudsman, or consult with an employment lawyer. In some cases, you may need to lodge a formal complaint or take legal action.

Migration Law

Requirements for an Australian partner visa include being in a genuine and continuing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. You must also meet health and character requirements. The relationship can be a married, de facto, or same-sex partnership. You'll need to provide evidence of your relationship, such as joint financial commitments, shared living arrangements, and social aspects of your life together.

Processing times for partner visas can vary significantly. Currently, the Department of Home Affairs indicates that 75% of partner visa applications are processed within 23 to 28 months. However, processing times can change based on various factors, including the completeness of your application and the current volume of applications.

Yes, you can work in Australia while on a partner visa. Once your temporary partner visa (subclass 820) is granted, you have full work rights in Australia. This continues when you progress to the permanent partner visa (subclass 801).

Australia offers several parent visa options:
  • Parent visa (subclass 103): A permanent visa with a long waiting period.
  • Contributory Parent visa (subclass 143): A permanent visa with a shorter waiting period but a higher visa application charge.
  • Contributory Parent (Temporary) visa (subclass 173): A temporary visa that provides a pathway to permanent residency.
  • Sponsored Parent (Temporary) visa (subclass 870): Allows parents to visit Australia for up to 3 or 5 years at a time.

The cost of parent visas varies significantly:

  • Parent visa (subclass 103): AUD 6,415
  • Contributory Parent visa (subclass 143): AUD 47,755
  • Contributory Parent (Temporary) visa (subclass 173): AUD 29,130
  • Sponsored Parent (Temporary) visa (subclass 870): AUD 5,000 for a 3-year visa or AUD 10,000 for a 5-year visa

These fees are subject to change and do not include other costs such as health checks or police certificates.

Waiting times for parent visas can be extensive:

  • Parent visa (subclass 103): Currently closed to new applications, with a waiting period of up to 30 years for existing applications.
  • Contributory Parent visa (subclass 143): Approximately 5-6 years.
  • Contributory Parent (Temporary) visa (subclass 173): About 18-24 months.
  • Sponsored Parent (Temporary) visa (subclass 870): Processing times vary, but generally quicker than permanent visas.

Family members eligible for Australian family visas typically include:

  • Partners: (spouse or de facto)
  • Children: (including adopted children)
  • Parents
  • Remaining relatives: (if you have no other near relatives in your home country)
  • Carers: (for Australian citizens or permanent residents who need substantial care)
  • Orphan relatives: (for children under 18 who can't be cared for by their parents)

Yes, you can sponsor a relative for a family visa if you are an Australian citizen, permanent resident, or eligible New Zealand citizen. The specific requirements depend on the type of family visa. You'll need to meet certain criteria, including being able to support your relative financially for a specified period.

The validity of family visas varies depending on the visa subclass:

  • Partner visas: Initially granted for 2 years, then become permanent if the relationship continues.
  • Child visas: Generally permanent.
  • Parent visas: Can be temporary (leading to permanent) or permanent, depending on the subclass.
  • Other family visas: Validity periods vary; some are permanent while others are temporary with pathways to permanent residency.

The points requirement for skilled visas in Australia is currently set at 65 points. However, the actual points score needed to receive an invitation can be higher due to competition. Points are awarded based on factors such as age, English language proficiency, work experience, educational qualifications, and Australian study experience.

Occupations in demand for skilled migration are listed on various skilled occupation lists, including:

  • Medium and Long-term Strategic Skills List (MLTSSL)
  • Short-term Skilled Occupation List (STSOL)
  • Regional Occupation List (ROL)

These lists are regularly updated based on Australia's economic needs. Currently, occupations in healthcare, IT, engineering, and trades are often in high demand.

Yes, many skilled visas offer pathways to permanent residency. For example:

  • Skilled Independent visa (subclass 189): A direct permanent residency visa.
  • Skilled Nominated visa (subclass 190): Also grants permanent residency.
  • Skilled Work Regional (Provisional) visa (subclass 491): Provides a pathway to permanent residency after living and working in a designated regional area for 3 years.

The length of stay on an Australian tourist visa depends on the specific visa granted:

  • Visitor visa (subclass 600): Usually allows stays of 3, 6, or 12 months.
  • Electronic Travel Authority (subclass 601): Allows multiple entries with stays of up to 3 months each visit.
  • eVisitor (subclass 651): Allows multiple entries with stays of up to 3 months each visit.

In some cases, you may be able to extend your stay in Australia by applying for a new tourist visa before your current visa expires. This is typically done by applying for a Visitor visa (subclass 600) while in Australia. However, this depends on your specific circumstances and the conditions of your current visa.

Documents typically required for a tourist visa application include:

  • Valid passport
  • Completed visa application form
  • Recent passport-sized photograph
  • Proof of sufficient funds for your stay
  • Travel itinerary or planned activities in Australia
  • Evidence of ties to your home country (e.g., employment, property ownership)
  • Health and character documents if required

Wills & Estate Planning

If you die without a will, you die "intestate." This means your assets will be distributed according to state intestacy laws, which may not align with your wishes. Your estate could be divided among relatives you wouldn't have chosen, and close friends or charities you wanted to benefit may receive nothing.

Without a will, your family doesn't have the legal authority to distribute your assets as they see fit. The distribution will be determined by state law, which can lead to family disputes and potential legal battles.

Yes. Even with modest assets, a will ensures your possessions go to the people or organizations you choose. It also allows you to name an executor to handle your affairs and, if applicable, designate a guardian for minor children.

A will allows you to name a guardian for your minor children. Without this designation, the court will decide who raises your children if both parents die, which may not align with your wishes.

Yes. A well-crafted will can include provisions that minimize estate taxes, potentially leaving more for your beneficiaries.

While tools like trusts and beneficiary designations on accounts are important, a will is the cornerstone of estate planning. It covers all assets in your name and provides instructions for items not addressed by other methods.

Absolutely. A clear, legally sound will reduces the likelihood of family conflicts over asset distribution. It provides a roadmap for your wishes, minimizing potential disagreements among heirs.

You should review your will every 3-5 years or after major life events such as marriage, divorce, birth of children, significant changes in assets, or deaths of beneficiaries or executors.

A will allows you to leave gifts to charities or other organizations. This is not possible under intestacy laws, which only provide for distribution to family members.

Yes. A clear, legally valid will can expedite the probate process, allowing your beneficiaries to receive their inheritances more quickly than if you died intestate.

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