Information

Adoption

Adoption is a legal and social process that provides a family for a child. An Adoption Order made in a court of law establishes a legally recognised relationship between the child and the adoptive parents. Adoption protects the rights of the child, the adoptive parents, and the birth parents.

All adoptions of children by residents of South Australia are conducted through the Adoption and Family Information Service (AFIS) of the Department for Families and Communities. AFIS administers the Adoption Act 1988 and is responsible to the Minister for Families and Communities. Adoption Orders are granted in the Youth Court.

Advocacy

Advocacy is a process of speaking up for, or representing a particular issue, idea, person or cause. Individuals, organisations, businesses and governments can engage in advocacy.

Advocacy usually involves the rights or entitlements of a consumer, and seeks to redress a consumer’s feeling of powerlessness – it involves empowering the consumer.

Aged Care

Residential aged care is classified into two types: low-level (hostel) care and high-level (nursing home) care. The classification a person is given reflects the level of care and services they require. Classifications are determined through an assessment by an Aged Care Assessment Team.

The Aged Care Act 1997 specifies the basic care and services that nursing homes and hostels must provide to all residents at no extra cost, regardless of their level of care.

Anxiety

Anxiety is a term which describes a normal feeling people experience when faced with threat or danger, or when stressed. When people become anxious, they typically feel upset, uncomfortable and tense. Feelings of anxiety are caused by experiences of life such as job loss, relationship breakdown, serious illness, major accident or the death of someone close. Feeling anxious is appropriate in these situations and usually people feel anxious for only a limited time. These feelings are not regarded as clinical anxiety but are a part of every day life.

Anxiety disorders are characterised by persistent feelings of high anxiety. There are feelings of continual and extreme discomfort and tension, with the fear of panic attacks, usually without discernible cause. People are likely to be diagnosed with an anxiety disorder when their level of anxiety and feelings of panic are so extreme that they significantly interfere with daily life and stop them doing what they want to do. This is what characterises an anxiety disorder as more than normal feelings of anxiety.

Types of anxiety disorders include Agoraphobia, Panic Disorder, Social Phobia, Obsessive Compulsive Disorder and Post-Traumatic Stress Disorder. Many professionals such as general practitioners, psychologists, social workers, counsellors or psychiatrists can assist in the treatment of anxiety disorders. Medication is also sometimes used to help control high anxiety levels, panic attacks or depression.

Child Abuse

Child abuse includes the psychological, emotional, sexual, physical and ritual abuse of a child. Other terms such as child maltreatment or child neglect are also used to describe child abuse.

Child abuse affects both males and females and is perpetrated within families, in institutions and in the community generally. Child abuse can seriously damage many aspects of a person’s life including self-esteem, relationships, education and work. It can cause lifelong effects and dysfunctional behaviour if left untreated. Child abuse can also cause severe feelings of isolation, depression as well as addictive behaviours.

To report child abuse, contact the Child Abuse Report Line on 131 478.

Child Support

Many separated parents have problems working out how to pay child support. There are two schemes in operation to provide for child support or child maintenance – court ordered maintenance under the Family Law Act 1975, and a formula based scheme under the Child Support (Assessment) Act 1989.

Parents can enter into their own arrangements in relation to payment of child support. A Child Support Agreement can only be registered for collection by the Child Support Agency if it is in writing, signed by both parties and provides for periodic payments of child support. You should always obtain legal advice before signing a child support agreement.

In cases where the Child Support Agency is collecting payments and a payer is in arrears, the Child Support Agency has various options to enforce the debt. They can intercept tax refunds, arrange wage deductions, arrange for collection from a third party (e.g., bank or superannuation fund), intercept the proceeds of sale of property, or any other funds available.

Consumer Rights

South Australia’s fair trading laws protect consumers when purchasing, hiring or leasing goods and services. These laws also regulate trading practices and set standards for traders to promote equity, honesty and fairness in the marketplace.

Consumers have the right to honest and accurate information to help them decide which goods or services to purchase. They also have the right to a fair and reasonable contract when purchasing goods and services, and the right to goods and services that are of merchantable quality, free from faults or defects, fit for the purpose and match the description or sample given. If there is a problem with the goods or services, consumers have the right to a remedy such as a refund, repair, replacement or resupply of services, and have the right to claim compensation when they suffer a loss caused by a product or service.

In South Australia, consumer advice and protection comes under the Office of Consumer and Business Affairs which is a division of the Attorney-General’s Department.

Counselling

Counsellors assist individuals, families, and couples in areas related to personal wellbeing, interpersonal relationships, work, recreation and health. They also assist people experiencing life crises.

Counsellors can help clients manage stress and conflict at home and work, deal with grief, loss and trauma, overcome feelings of anxiety and fear, increase self-esteem and confidence, enhance personal relationships, and cope with disabilities or health problems. They can also help clients deal with problems related to alcohol or drug abuse, eating disorders, sexual concerns, and anger management.

Some counsellors provide specialised services, for example career counselling.

Courts

There are seven State Courts in South Australia. They are the Supreme Court, District Court, Magistrates Court, Environment, Resources and Development Court, Youth Court, Coroner’s Court and Industrial Court.

The courts are administered by the Courts Administration Authority which is a statutory agency that reports directly to the Parliament. The Courts Administration Authority is headed by the State Courts Administration Council, which consists of the Chief Justice of the Supreme Court, the Chief Judge of the District Court, and the Chief Magistrate of the Magistrates Court, and three associate members from each of those courts.

Depression

Disability

Discrimination

Under the Equal Opportunity Act (SA) 1984, it is unlawful for anyone to be treated unfairly on the basis of disability, race, age, sex, sexuality, pregnancy and/or marital status. The Act also makes sexual harassment and victimisation unlawful.

Equal Opportunity laws only apply in specific areas of public life, not private life. Discrimination is unlawful in the areas of employment, education, provision of goods and services, accommodation, clubs and associations, advertising, conferral of qualifications and disposal of land.

Discrimination can also be unlawful when there is a policy or way of doing things that appears fair on the surface, but which has an unequal effect on certain groups of people. For it to be unlawful, the requirement must also be unreasonable. This is called indirect discrimination.

Domestic Violence

Domestic Violence occurs when a family member, partner or ex-partner attempts to physically or psychologically dominate or harm the other. Domestic violence can be exhibited in many forms including physical violence, sexual abuse, emotional abuse, intimidation, economic deprivation or threats of violence.

Social and psychological consequences described for victims include anxiety, depression and other emotional distress, physical stress symptoms, suicide attempts, alcohol and drug abuse, sleep disturbances, reduced coping and problem solving skills, loss of self esteem and confidence, and social isolation.

Many children witness violence in the home and it can seriously affect their lives as well. Studies have found that many children who witness domestic violence have been found to have higher levels of emotional and behavioural problems than other children. Many children believe they are partly to blame, and violent behaviours that are learnt early in life may become the types of behaviours that children come to expect and copy when they are adults.

The Domestic Violence Help Line provides 24 hour assistance for men and women on 1800 800 098.

Housing Assistance

Housing SA brings together the services of the former South Australian Housing Trust, Aboriginal Housing Authority and South Australian Community Housing Authority. Housing SA is part of the Department for Families and Communities.

Housing SA can provide public rental housing, including the Aboriginal Rental Housing Program, Community Housing programs, financial assistance for private rental housing, information on HomeStart homeloans, and referral to emergency or supported accommodation and homelessness services.

Justices of the Peace

Language Interpreter Services

The Interpreting and Translating Centre (ITC) provides comprehensive, high quality, efficient, confidential and professional interpreting and translating services. The ITC is the only South Australian Government interpreting and translating agency and a branch of Multicultural SA. The Interpreting and Translating Centre (ITC) provides services to public and private sector agencies and to individuals in over 80 languages, 24 hours a day, 7 days a week.

Legal Advice

The Legal Services Commission of South Australia provides free legal advice on most legal matters. The role of the legal adviser is to identify the client’s problem, to inform the client of their rights and obligations, and to help them understand what courses of action can be taken.

Telephone legal advice is available for simple information and referrals. Obviously there are limitations to dealing with legal problems over the telephone, for example, relevant documents cannot be examined. Telephone advice is usually restricted to the basic legal rights and obligations relating to a particular situation. If the problem is too complex or too lengthy for a phone call the client will be advised make an appointment at a Commission office or referred to other sources of assistance.

When services beyond simple legal advice are needed, you need to apply for legal aid. A grant of legal aid means the Legal Services Commission will pay a lawyer to act for you. However, the Legal Services Commission will also require you to make a contribution towards your legal costs depending on how much you can reasonably afford to pay.

Alternatively, if you have the financial means, you can seek legal advice from a lawyer of your choice.

Local Councils

There are 68 local Councils that operate in South Australia.

The South Australian laws which create the legal framework within which Local Government operates are the Constitution Act 1934, the Local Government Act 1999 and the Local Government (Elections) Act 1999.

A four-yearly election process underpins the representative nature of Local Government Councils. More than one in three people voluntarily choose to vote in Council elections.

Councils usually operate autonomously within the framework of the legislation and are primarily accountable to their local communities. The are generally not subject to Ministerial direction by either State or Federal Governments, however sometimes Councils work jointly with the State Government, for example in the area of planning and development. In these cases, their decisions may be subject to advice and direction from the State Government.

Local Councils are responsible for services including local libraries, public halls, road maintenance, sporting facilities, public toilets and garbage bins, sewerage and drainage facilities, dog registration, child immunisation programs, and recycling and waste management.

Mediation

Mediation is a form of alternative dispute resolution which aims to assist two or more parties in reaching an agreement. Mediators are impartial, and use appropriate techniques and skills to open and/or improve dialogue between parties to help them reach an agreement on the disputed matter.

Parties who enter into mediation do not forgo any legal rights or remedies. If there is no settlement during the mediation process, parties can take the matter further through the appropriate courts or tribunals.

Mediation can assist in a variety of disputes including workplace grievances, disputes between landlords and tenants, financial disagreements, neighbourhood disagreements, disputes between businesses and consumers, disputes between builders and homeowners, disputes between parents and adult children, and adult sibling conflicts.

Medical Treatment

As registered medical practitioners, doctors are expected to maintain high ethical standards and are obliged to display adequate knowledge, judgment, skill and reasonable care in accordance with the standard of care provided by their peers. The Australian Medical Association and other medical bodies regularly revise and publish codes of ethics which cover standards of care, respect for patients, responsibilities to patients, medical research procedures and other aspects of professional behaviour.

In South Australia, doctors are registered with the Medical Board of South Australia. The Board can impose penalties, including deregistration, on doctors for professional misconduct.

The best way to find a good practitioner is by word of mouth. Ask family members, friends and neighbours, and before you decide on a practitioner, ask about the practitioner’s qualifications, details of the practitioner’s professional association, how long the practitioner has been in practice, and how much the treatment will cost you. Consider whether or not the practitioner listens to you, answers your questions directly, explains things clearly and makes you feel comfortable.

Neighbourhood Disputes

Neighbourhood disputes usually arise when one neighbour does something intentionally or accidentally that disturbs another neighbour. Disputes about fences, dogs, drainage problems and trees are the most common neighbourhood disputes. These problems can be significant if residents are unable to enjoy the peace and quiet of their homes.

If you are experiencing a neighbourhood dispute and cannot sort out the problem face to face with your neighbour, it is advisable to put your concerns to them in writing. Try not to be antagonistic or threatening, and suggest what you believe to be a reasonable settlement of the problem. If you and your neighbour agree on a course of action, it is a good idea to put it in writing and confirm the agreement.

If you and your neighbour are unable to agree on what to do, you may find mediation helpful. If you wish to take the matter further and/or apply for compensation, you will need to go through the court system.

Parenting

Being a parent requires patience, tolerance and compassion. The law respects the rights of parents to make decisions for their children as they see fit, however the law requires certain basic parental duties and obligations to be met.

Parents are obliged to feed, clothe and shelter their children appropriately. Failure to do so might constitute neglect, and could lead to legal proceedings where the court will decide who should be responsible for the child. In cases such as the severe neglect of children, criminal prosecution of the parents may occur.

When a child’s parents are married, they are equally responsible for meeting the child’s needs and are free to share the responsibilities as they wish. If a child’s parents are divorced, both parents are still responsible for the child, except where a court order, known as a parenting order, stipulates otherwise.

Parliament

Police

Officers of the South Australia Police (SAPOL) work together to reassure and protect the community from crime and disorder.

SAPOL’s core functions as prescribed in the Police Act 1998 are to uphold the law, preserve the peace, prevent crime, assist the public in emergency situations, coordinate and manage responses to emergencies, regulate road use and prevent vehicle collisions.

In general, the police have the power to arrest a person whom they reasonable suspect has committed or is about to commit a crime, use whatever force is reasonably necessary to carry our an arrest, enter premises without a warrant to arrest someone whom they know is there and whom they have been chasing, and search an arrested person and his or her immediate surroundings. They also have the power to stop and search a person whom they suspect is carrying stolen goods, unlicensed firearms, drugs, dangerous weapons or anything that may be used the commission of a serious crime, search that person’s car, ask questions and detain an arrested person for questioning, take fingerprints and photographs for the purpose of identifying an accused person in court, and conduct searches and/or carry out electronic surveillance (such as phone tapping) with a warrant.

All members of the South Australia Police are trained to be aware of and understand the issues that concern different communities in South Australia. The South Australia Police has Aboriginal and Multicultural Liaison Officers and Victim Liaison Officers who may be able to assist you.

If you require emergency police attendance, please dial 000.

Residential Tenancies

A residential tenancy agreement, otherwise known as a lease agreement, is an agreement between a landlord and tenant to occupy a residential premises, upon payment of an agreed rent. Once an agreement has been entered into, neither party can add or change those conditions without the consent of each other.

If a tenant breaches their contract, they will be liable for rent until the landlord gets a new tenant. The landlord must use their best endeavours to do this. The tenant is also liable for the landlord’s losses in getting a new tenant.

In South Australia, residential tenancies come under the Residential Tenancies Act 1995.

The Office of Consumer and Business Affairs provides services to tenants and landlords/agents of residential properties, and proprietors and residents of rooming houses in South Australia.

Restraining Orders

If you are a victim of violence or someone is threatening you, coming to your home uninvited, or doing things that scare you, you can apply for a restraining order from the Magistrates Court. You do not have to show you have been physically hurt before you can get help.

A domestic violence restraining order can stop a person from coming onto certain premises (even if this is a house they own or where you work), coming with a set distance of a family member, from damaging or taking personal property, or from contacting, harassing, threatening or intimidating a family member. The Court can order the return of property a victim needs, or allow use of the property at certain times.

When taking out a restraining order, make sure the Magistrate knows about any Family Court or Federal Magistrates Service orders that may be affected, such as a contact order. You can get a restraining order even if you already have a Family Court or Federal Magistrates Service injunction for personal protection.

Do not be afraid to call the police for protection for yourself and your family. In an emergency, contact the police on 000.

Sexual Assault

Sexual assault is any physical contact of a sexual nature without voluntary consent. Sexual assault includes inappropriate touching, sexual intercourse, rape, attempted rape, indecent exposure and child molestation. Male and female perpetrators can commit sexual assault against same-sex or opposite-sex victims or both.

Anyone, regardless of age, sexuality, gender, culture, ability or religion, can be sexually assaulted. Sexual assault is a distressing and often traumatic experience.

South Australia’s Yarrow Place Rape and Sexual Assault Service can be contacted toll free on 1800 817 421.

Sexual Harassment

Sexual harassment is harassment or unwelcome attention of a sexual nature. It includes a range of behaviours from mild annoyances to serious abuses, which can involve forced sexual activity.

Sexual harassment can occur in a variety of circumstances. The harasser can be a supervisor, client, co-worker, teacher, student, friend or a stranger. The victim can be male or female, and the harasser can be male or female. The harasser does not have to be of the opposite sex.

The harasser may be completely unaware that his or her behaviour is offensive or constitutes sexual harassment, and/or may be completely unaware that his or her actions could be unlawful.

Common professional, academic, financial, and social effects of sexual harassment on victims include decreased work or school performance, loss of job or career, loss of income, having one’s personal life come under public scrutiny – the victim becomes the ‘accused’ and his or her dress, lifestyle and private life will often come under attack, being objectified and humiliated by scrutiny and gossip, loss of trust in environments similar to where the harassment occurred, and extreme stress on peer relationships or relationships with colleagues.

Some of the psychological and health effects that can occur in someone who has been sexually harassed include depression, anxiety, sleeplessness, shame, guilt, feeling betrayed and/or violated, feeling powerless, loss of confidence and self esteem, and withdrawal.

Statutory Declarations

A statutory declaration is a written statement of fact declared to be true in the presence of a person authorised to witness statutory declarations such as a Solicitor, Justice of the Peace or a Notary Public.

Under the Statutory Declarations Act 1959, a person who willfully makes a false statement in a statutory declaration is guilty of an offence and may be fined or jailed, or both.

The Act provides that a statutory declaration must be in the prescribed form and must be made before a prescribed witness.

Substance Abuse

Substance abuse involves overusing drugs, alcohol or other substances to deal with every day life. A person is a substance abuser if they have used the substance for at least a month, the use has caused legal, personal, social or vocational problems, and the person repeatedly uses the substance even in situations when doing so is hazardous, such as when driving a car.

Missing work or school, spending too much money on drugs, damaging personal relationships and getting into legal trouble are all signs of substance abuse.

When substance abusers try to decrease or quit their substance use, they experience withdrawal symptoms if the substance tends to cause dependence.

Substance abuses are likely to require professional medical treatment and/or counselling to assist them.

Tradespeople

If you wish to employ a tradesperson, it is wise to shop around. Ask other people for recommendations, and check with trade association and/or unions for a list of qualified tradespeople in the field you require.

It is also advisable to check the tradesperson’s licence or proof of registration. In South Australia, the licensing and registration of tradespeople is carried out by the Office of Consumer and Business Affairs. Upon request, they will check that the tradesperson’s licence or registration is current and suitable, and can inform you if the tradesperson has been suspended or disciplined.

The Building Work Contractors Act 1995 introduced statutory warranties. These require tradespeople to perform work to accepted trade standards. All materials supplied by the tradesperson must be fit for the purpose intended, and building work must be performed to meet statutory requirements.