On this page:
Information about the rights and responsibilities of couples who choose not to marry in Australia. These relationships are also sometimes referred to as domestic relationships or partnerships.
Legal information
Legislation
How VLA can help
Useful resources
Reviewed 15 August 2022
In this section
-
- Civil
-
- Centrelink
- Legal info
- What is Centrelink?
- Centrelink clients’ rights
- Domestic violence, de facto relationships and Centrelink
- Legal info about Centrelink
- De facto relationships and Centrelink
- Owing a debt to Centrelink
- Centrelink's automated debts (robo-debts)
- Debt write-offs and waivers
- Centrelink investigations
- Challenging a Centrelink decision
- Making a complaint about Centrelink
- Freedom of information for Centrelink clients
- Social media and Centrelink
- Disability support pension
- Legislation
- Where to find Commonwealth law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
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- Procedure
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- Legal info
- What is civil law?
- How courts manage cases
- Legal matters where case management is expected
- What parties have to do
- If parties do not comply
- Vexatious litigants
- Case management procedures
- Resolving disputes out of court
- Tribunal proceedings
- Civil proceedings in court
- Magistrates' Court proceedings
- County Court proceedings
- Supreme Court proceedings
- Legislation
- VLA help
- Services and info for clients
- References
- Forms
- CALD resources
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- Consumer and debt
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- Consumer credit
- Legal info
- What is consumer credit?
- Changes to regulation of consumer credit
- Credit contracts made under the old state code
- Contracts not covered by the code
- If a borrower cannot pay
- Resolving credit disputes
- If disputes can't be resolved
- What must be included in a credit contract?
- Unjust contracts
- How lenders can enforce an unpaid debt
- Legislation
- Where to find Commonwealth law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Debt collectors
- Legal info
- What is debt collection?
- Who can be a debt collector?
- Prohibited behaviour by debt collectors
- Where to get help
- Old debts
- Legislation
- Where to find Commonwealth law
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Door-to-door sales
- Legal info
- What are door-to-door sales?
- Duties of the company selling door-to-door
- What must be included in the sales contract
- Can the agreement be cancelled?
- When can buyer get an extended cooling-off?
- How to prevent sellers coming to the door
- Making a consumer complaint
- Legislation
- Where to find Commonwealth law
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Telemarketing
- Legal info
- What is telemarketing?
- Phone seller duties
- What must be included in the contract?
- Cancelling the contract
- When can extended cooling-off periods apply?
- How to prevent telemarketing calls
- How to complain about unwanted sales calls
- Legislation
- Where to find Commonwealth law
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Disability and mental health
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- Disability insurance scheme
- What is NDIS?
- Who is eligible?
- How to apply
- Support plans
- Children and NDIS
- Nominees and NDIS
- Reviewing a decision
- How NDIS affects other payments
- Debt recovery
- Making a complaint about an NDIS service provider
- Legislation
- VLA help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Mental health
- What is mental illness?
- Common types of mental illnesses
- DSM: the diagnostic tool
- Rights of people receiving treatment
- Powers of police and other authorised persons
- Supported decision-making
- Getting a second opinion
- Capacity and consent to treatment
- Assessment process (being diagnosed with a mental illness)
- Temporary treatment orders
- Orders made by the Mental Health Tribunal
- Electroconvulsive treatment (ECT) and neurosurgery
- Applying to have an order revoked
- VCAT review
- How to make a complaint
- Complaints to other organisations
- Criminal offending and mental illness
- Detention and treatment orders for drug and alcohol dependence
- Voluntary patients
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Where to refer specialist mental health/disability matters
- Independent Mental Health Advocacy (IMHA)
- Services and info for clients
- References
- Further reading
- Forms
- CALD resources
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- Motor vehicle accidents
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- Legal info
- Driver’s legal obligations
- If someone is injured
- Getting accident details from the client
- Property damage and insurance
- Making a claim for property damage
- Gathering evidence
- Disputes about vehicle damage
- Complaining about an insurance company
- Vehicle repairs
- Client at fault and not insured
- If client has no money/is judgment proof
- Client has money and judgment obtained
- How to apply for an instalment order
- Unclear who was at fault
- Client not at fault
- Taxi disputes
- Taxi owners
- Legislation
- Services and info for clients
- References
- Forms
- CALD resources
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- Neighbourhood disputes
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- Domestic animals
- Registration of cats and dogs
- Menacing, dangerous and restricted breed dogs
- Identification of pets
- Microchips
- Dog attacks
- Dangerous dogs
- Menacing dogs
- If a person is killed
- Responsibilities for dangerous dog owners
- Seized animals
- Can dog be saved?
- Restricted breeds
- Responsibilities for restricted breed owners
- Challenging a declaration at VCAT
- Control of cats and dogs
- Noisy animals
- Infringement penalties for pets
- Breeding, fostering and sale of pets
- Legislation
- Where to find Victorian law
- VLA help
- Services and info for clients
- VLA resources for clients
- References
- Forms
- CALD resources
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- Fences
- What is a fence?
- The law on building or repairing a fence
- Who is an owner?
- Fencing notice
- Must a tenant pay for fence repairs?
- Fence in wrong place
- Disputes about fences
- Pool and spa fences
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
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- Personal safety and stalking
- What is personal safety and stalking?
- When to use personal safety orders
- Vexatious litigants
- Relationship between family violence and personal safety
- Role of police
- Arrest
- Enforcement power to search and seize
- Orders after hours or in remote areas
- Mediation
- Applying for a personal safety order
- Serving court documents
- Interim orders
- Court proceedings
- Alternative arrangements for proceeding
- Giving evidence
- Getting an adjournment
- Final orders
- Duration of a final order
- Conditions in personal safety orders
- Exclusion order from property
- Conditions about weapons
- Appeals and rehearings
- Breach of a personal safety order
- Children and personal safety
- Orders made outside Victoria
- Tenancy and violence
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- How duty lawyers can help
- Duty lawer help for young people
- Services and info for clients
- References
- Forms
- CALD resources
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- Powers of attorney and guardianship
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- Guardianship and administration
- What is guardianship and administration?
- What is decision-making capacity?
- Key changes to guardianship and administration in 2020
- Object and principles of guardianship and administration
- When guardian or administrator can be appointed
- Supportive guardians and administrators
- Responsibilities and powers of guardians and administrators
- VCAT hearings
- Applying for an order
- What to expect at the hearing
- Challenging a VCAT order
- Reassessments
- Interstate guardianship and administration orders
- Offences that apply to guardians and administrators
- Urgent orders
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
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- Medical treatment decisions
- What are medical treatment decisions?
- Decision-making capacity
- Planning treatment in advance
- How to make an advance care directive
- VCAT and advanced care directives
- Getting help with decision-making
- Choosing a medical treatment decision-maker
- How to appoint a decision-maker
- Treating a person without capacity
- If no decision-maker appointed
- If no advance care directive and no decision-maker
- Challenging a decision-maker at VCAT
- Mental health and treatment decisions
- Special medical procedures
- Interstate directives and appointments
- Offences relating to medical treatment planning
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
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- Powers of attorney
- What is a power of attorney?
- What both parties need to know
- Attorney duties
- Supportive decision-makers
- Appointing a temporary financial or legal decision maker
- Decision-makers who act even if capacity is lost
- What is capacity?
- Making financial and/or personal decisions—general enduring power
- How to make a power of attorney
- How to make a supportive power of attorney
- If attorneys disagree
- Interstate issues
- How to cancel a power of attorney
- Offences for attorneys
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
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- Privacy and FOI
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- Freedom of information
- Legal info
- What is freedom of information?
- Organisations that are subject to FOI
- How to apply under FOI
- Amending personal information
- FOI complaints and reviews
- Legislation
- Where to find Victorian law
- Where to find Commonwealth Law
- VLA help
- Services and info for clients
- References
- Forms
- CALD resources
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- Privacy
- What is privacy?
- What information is protected?
- Organisations that must follow privacy laws
- How personal information must be treated
- Privacy and health information
- Privacy and capacity
- Recording private conversations
- Taking photos
- CCTV footage
- Social media
- Identity theft
- Complain about a privacy breach
- Legislation
- Where to find Victorian law
- VLA help
- Where to find Commonwealth law
- Services and info for clients
- References
- Forms
- CALD resources
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- Property and tenancy
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- Caravan park residents
- Who is a caravan park resident?
- Starting a caravan park residency
- Bonds for caravan park residents
- Rent for caravan residents
- Repairs in caravan parks
- Entering a caravan or site
- Ending a caravan park residency
- VCAT hearings about caravan park residency
- Owners of pre-fab or movable homes
- Legislation
- Related Acts
- Where to find Victorian law
- VLA help
- VLA resources for clients
- How duty lawyers can help
- Services and info for clients
- References
- Forms
- CALD resources
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- Owners corporations
- Legal info
- Resolving disputes
- What is an owners corporation?
- Applying to VCAT
- Responsibilities of owners corporations
- Property maintenance and repairs
- Financial management
- Meetings, making and recording decisions
- Rights and duties of occupiers and owners
- Rules and model rules
- Legislation
- Where to find Victorian law
- VLA help
- How duty lawyers can help
- Services and info for clients
- References
- Forms
- CALD resources
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- Residential tenancy
- Legal info
- What is a residential tenancy?
- Key changes to residential tenancy in 2021
- Starting a rental agreement
- Discrimination
- Renting with children
- Tenancy databases
- Register of 'dodgy' rental providers
- Utility charges
- Condition reports
- Bonds
- Minimum standards
- Pets
- Rights of entry
- Modifying the property
- Repairs to property
- Must renters pay for fence repairs?
- Insurance for rental providers
- Assignment and sub-letting
- Rent increases
- Financial orders against renters
- Breach of duty notice
- Protections from violence when renting
- If a renter is violent
- Ending a tenancy
- What terminates an agreement
- How to end an agreement
- Notices to vacate
- Leaving before a notice expires
- Eviction for overdue rent
- Bond repayments
- One party lives interstate
- If a renter dies
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- How duty lawyers can help
- Services and info for clients
- References
- Forms
- CALD resources
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- Rooming houses
- Legal info
- What is a rooming house?
- Rooming house operators
- Differences between renters and rooming house residents
- Starting a rooming house residency
- Rights and responsibilities in a rooming house
- Minimum standards for rooming houses
- Bonds for rooming house residents
- Rent at a rooming house
- Repairs in a rooming house
- Ending a rooming house residency
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- How duty lawyers can help
- Services and info for clients
- References
- Forms
- CALD resources
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- Uncollected goods
- Legal info
- What are uncollected goods?
- Goods left for repair or treatment
- How to claim uncollected goods
- Giving notice before disposal
- Disposal of goods left for repair
- Buying and selling uncollected goods
- Goods left by housemates, boarders, friends or ex-partners
- Recovering goods left behind
- Goods left behind by renters or residents
- Vehicles and uncollected goods
- Vehicle impounded for hoon offence
- Caravans and mobile homes
- Vehicles dumped or abandoned
- Abandoned goods or goods left as hard rubbish
- Pawned goods
- Goods left behind on public transport
- Unclaimed prizes
- Goods held by police
- Goods forfeited or recovered by the court
- How to complain if goods disposed of unlawfully
- Legislation
- Where to find Victorian law
- VLA help
- How duty lawyers can help
- Services and info for clients
- References
- Forms
- CALD resources
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- Wills, estates and dying
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- Estate administration
- Legal info
- Executors and administrators
- Executor does not wish to act
- Executor dies
- Grant of Representation
- Supreme Court procedures
- Small estates
- Inspecting a Will
- Challenging a Will
- Testator’s family maintenance
- Validity of a Will
- The Will is lost
- There is no Will
- Offence to conceal a Will
- Distributing the estate
- Missing persons
- Legislation
- Related acts
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Wills
- What is a Will?
- Who can make a Will?
- Wills for people under 18
- Wills for people with a disability
- What goes in a Will?
- Life interests
- Making a valid Will
- Witnessing a Will
- Invalid Wills
- Executors
- Trusts and trustees
- Beneficiaries
- Keeping and inspecting a Will
- Changing a Will
- Marriage, divorce and Wills
- Wills made interstate or overseas
- International Wills
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
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- Criminal
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- Help Before Court best practice guide
- Help Before Court overview
- Help Before Court intake and triage
- Determining the level of assistance
- Preparing for an appointment and delivering advice
- Help Before Court advocacy services
- Help Before Court conflicts policy
- Help Before Court information for VLA managers
- Panel practitioner invoicing
- Recording advices and appearances
- Help Before Court resources
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- Summary crime training and practice resources for contested hearings
- Introduction to the 'not guilty plea' guideline
- Representing First Nations clients
- Misidentification in family violence contexts
- Abuse of power
- Running contested hearings
- Working with clients affected by police misconduct
- Communities of Practice
- How duty lawyers can help with hearings at the Magistrates’ court
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- Criminal procedure
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- An overview of Magistrates' Court procedure
- Legal info
- Which offences can be heard in the Magistrates' Court?
- Time limits for summary crime
- Starting criminal proceedings
- Errors in charge-sheet
- Summary case conference
- Service
- Witnesses
- Going to court
- Does the accused have to go to court?
- Can a court hearing be moved or adjourned?
- Arrest warrants
- Rehearings
- Lodging an appeal
- Assessment and referral court list (ARC)
- Interstate court fines
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Appeals
- Legal info
- What is an appeal?
- Appeals from Magistrates' Court
- Appeals to the Supreme Court
- Appeals by the prosecution
- Appeals to Court of Appeal
- High Court appeals
- Appeals from prison
- Legislation
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Bail
- Legal info
- What is bail?
- Who makes bail decisions
- Bail application
- Key changes to bail in 2024
- Bail conditions
- Bail guarantor (surety)
- Variation of bail
- Bail support program—CISP
- Breach bail conditions
- Opposing bail and prosecution evidence
- When bail is refused
- Show compelling reason
- Bail only in exceptional circumstances
- Extension of bail
- Bailed and arrested on another charge
- Fail to appear in court
- Aboriginal people and bail
- Children and bail
- Family violence and bail
- Right of appeal
- Legislation
- VLA help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Diversion
- Legal info
- What is diversion?
- Who is eligible for diversion
- Is diversion best?
- How to apply for diversion
- Hearing when diversion complete
- Criminal records and diversion
- Young people and diversion
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- CALD resources
-
- Witnesses
- Legal info
- Who is a witness?
- Making a statement
- Statement of no complaint
- Statement not accepted
- Offences relating to withdrawing a statement
- Witnesses at court
- Expert witnesses
- Witness protection
- Witnesses and the accused
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- CALD resources
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- Drugs
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- Legal info
- What is a drug of dependence?
- Psychoactive drugs
- What is possession?
- Common law possession
- Deemed possession
- Disputing possession
- Attempted possession
- Bongs, syringes and other equipment
- Forged prescriptions
- Publication or possession of documents
- What is drug use?
- Cultivation
- Trafficking
- Search and seizure
- Quantities and sentencing
- Possession and use
- What is a small quantity?
- What is a traffickable quantity?
- Cultivation and sentencing
- Drug courts
- Appeals against a drug sentence
- VLA help
- VLA resources for clients
- Legislation
- Services and info for clients
- References
- CALD resources
- Extradition
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- Fines
- Guide to 7-day notices
- Electing to challenge fine in court
-
- Legal info
- What is a fine?
- Court fine collection statements
- Key changes to fines in 2017
- Fine process
- Special circumstances
- Family violence and fines
- Work and development permits
- Contesting the fine
- Court costs
- Objecting to an infringement conviction
- Fines and additional penalties
- Value of penalty units
- Negotiating payment
- Enforcement review
- Enforcement
- Legal Help advice about fines
- Traffic camera fines
- Company fines
- Services and info for clients
- References
- Forms
- CALD resources
- Covid19 Fines concession scheme
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- Firearms and weapons
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- Legal info
- What are firearms and weapons?
- Imitation, replica or toy?
- Controlled and prohibited weapons
- Body armour
- Firearms
- Prohibited persons
- Applying to be a non-prohibited person
- Firearm prohibition orders
- Weapons and young people
- Weapons and family violence
- Firearms and weapons offences
- Police use of firearms
- Weapons search in a designated area
- Unplanned or surprise searches
- Services and info for clients
- References
- Forms
- CALD resources
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- Police powers
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- Arrest
- Legal info
- What is an arrest?
- How an arrest is made
- Citizen's arrest
- Is arrest lawful?
- Arrest without a warrant
- Use of force
- Police obligations
- Offences outside Victoria
- Commonwealth offences
- Arrest and terrorism offences
- Apprehending someone to protect them or others
- Protests, community activism and arrest
- Arrest powers under other Acts
- Legislation
- Related Acts
- Where to find Victorian law
- Where to find Commonwealth law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- CALD resources
-
- Body worn cameras
- Legal info
- What is a body worn camera?
- How will police use body worn cameras?
- Storage of the footage
- Accessing footage from body worn cameras
- Family violence and body worn cameras
- Legislation
- VLA help
- Where to find Victorian law
- Services and info for clients
- References
- CALD resources
-
- Complaints about police
- Legal info
- Who handles complaints
- When to make a complaint
- How to make a complaint
- Investigating a police complaint
- Taking legal action
- Complaints about the Australian Federal Police
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Fingerprints
- Legal info
- What are fingerprints?
- When prints can be taken
- Schedule 7 offences
- Refusing to be fingerprinted
- Destroying fingerprints
- Fingerprints and young people
- Fingerprints for Commonwealth offences
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- CALD resources
-
- Forensic procedures and DNA
- Legal info
- What is a forensic procedure?
- When forensic procedures can be carried out
- Forensic sample offences
- DNA profile samples
- Court orders for forensic procedures
- DNA database
- Commonwealth forensics
- Young people and forensic procedures
- When samples must be destroyed
- Giving a sample voluntarily
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- CALD resources
-
- Information release policy (police checks)
- Legal info
- What is a police record?
- When police release information
- What information is released?
- Child offenders
- National police record check
- Applying for a certificate
- International requests for police checks
- Releasing a record of Commonwealth offences
- Duty of disclosure
- Spent convictions and amending the record
- Legislation
- Where to find Victorian law
- Where to find Commonwealth law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Name and address
- Legal info
- When can police ask a person's name and address?
- Protective services officers power to ask
- ID when driving
- ID using public transport
- Cyclists and name and address
- Asking young person for name and address
- Legislation
- Where to find Victorian law
- VLA resources for clients
- Services and info for clients
- References
- Forms
- VLA help
- CALD resources
-
- Questions and interviews
- Legal info
- What is a police interview?
- What to expect at a police interview
- Right to silence
- Contact with lawyer, family or friend
- Time person can be held for questioning
- Using an interpreter
- Recording the interview
- Police conduct during interviews
- Questioning an Aboriginal person
- Interviews with young people
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- CALD resources
-
- Search
- Legal info
- What is a search?
- Who has power to search?
- Search warrants
- Personal searches
- Where there has been no arrest—stop and search
- Search of person after arrest
- Personal search for weapons in designated area
- Strip searches
- Property search
- Search to protect animals or environment
- If property is damaged during a search
- Searching for drugs
- Commonwealth search powers
- Search of a motor vehicle
- Legislation
- Where to find Victorian law
- Where to find Commonwealth law
- VLA help
- VLA resources for clients
- References for searches
- Services and info for clients
- Forms
- CALD resources
-
- Seizure and return of property
- What is seizure of property?
- Treatment and storage of goods
- How long can goods be held?
- Warrants
- Stolen property
- Stolen property and interstate offences
- Seizure of weapons
- Seizure of motor vehicles
- Treatment of drugs after seizure
- Volatile substances and related items
- Property seized to satisfy a debt
- Disposal of property
- Terrorism law and seized property
- Forfeiture and confiscation
- Restraining orders and tainted property
- Automatic forfeiture
- Protection for 3rd parties
- Legislation
- Related law
- Where to find Victorian law
- Where to find Commonwealth law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Traffic offences
- Duty of disclosure to Police s60 Notice
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- Alcohol interlocks
- What is an alcohol interlock?
- When do drivers need an interlock device?
- Can someone avoid an interlock by not driving?
- Getting an interlock exemption
- How interlocks work
- Cost of interlocks
- How long will an interlock condition apply?
- When vehicle is shared by others
- Prior or subsequent drink-drive offences
- Alcohol interlock offences
- Appealing against an alcohol interlock order
- Interstate issues
- Removing an interlock device
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- CALD resources
-
- Bicycle offences
- What is a bicycle?
- Wheelchairs, blades, scooters, skateboards and e-personal transporters
- Bicycle equipment
- Carrying passengers
- Careless cycling and accidents
- Road rules for cyclists
- Road rules about bicycles for other vehicles
- Where to ride
- Alcohol and cycling
- Policing cyclists
- Using a mobile phone when cycling
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
- Electric scooters (e-scooters)
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- Careless and dangerous driving
- Careless driving
- Court decisions and defences (careless driving)
- Dangerous driving
- Court decisions and defences (dangerous driving)
- If there is a death or serious injury
- Driving while police are in pursuit
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Demerit points
- What are demerit points?
- Electing to extend the demerit point period
- Demerit points register
- Date that points are added to a licence
- Calculating demerit suspension periods
- Novice drivers and demerit points
- Unlicensed drivers and demerits
- Demerit points and driving interstate
- How demerit suspension fits with other penalties
- Difference between licence suspension and cancellation
- Driving while licence is suspended
- Value of penalty and fee units
- Getting your licence back after suspension ends
- How VLA can help with demerit points
- Legislation
- Where to find Victorian law
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Drink driving
- What is drink driving?
- Breath and blood testing
- Preliminary breath tests
- Breath analysis
- Blood tests
- Blood tests after a road accident
- Drink driving offences
- Driving under the influence (DUI)
- Over the limit
- Fail blood or breath test
- Refusal offences
- Supervising driver
- Aid and abet
- Subsequent offences
- Cycling while intoxicated
- Trains, trams and boats
- Drinking while driving
- Combination drug and alcohol offences
- Novice drivers
- Zero blood alcohol concentration
- Penalties for drink driving
- What happens to a driver's licence?
- Difference between licence suspension and cancellation
- Drink driving infringements
- Defences for drink driving
- Refusal defences
- DPP v Kypri summary
- Over the limit defences
- How to appeal
- Police and drink driving
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Driving while using mobile phones or devices
- Fully licensed drivers using devices while driving a motor vehicle
- Novice drivers using devices while driving a motor vehicle
- Unauthorised drivers using a phone or device while driving
- Riders and operators of bicycles, electric scooters, and vehicles that are not motor vehicles
- Operation of devices in relation to wheeled recreational devices and electric personal transporters
- Passengers using devices in motor vehicles
- Categories of devices, vehicles and drivers
- Takeaway drive-throughs and other in-vehicle transactions
- When is the vehicle parked?
- Legislation about mobile phones and devices
- Where to find Victorian law relating to mobile phones and devices
- How VLA can help with driving and mobile phones and devices
- Services and info for clients about mobile phones and devices
- CALD resources for mobile phones and devices
- References for mobile phones and devices
-
- Drug driving
- What is drug driving?
- How long are drugs in the system?
- Drug driving offences
- Driving under the influence of drugs
- Combination drug and alcohol offences
- Driving while impaired
- Defences for impaired driving
- Proof for impaired driving offence
- Drive with prescribed drugs present
- Provide positive sample of oral fluid
- Refusing test offences
- Obstruct or hinder getting a sample
- Drug impairment assessments
- Refusing a drug impairment assessment
- Saliva tests
- Blood and urine tests
- Blood tests used as evidence
- Procedure for blood tests
- Refusing a blood or urine test
- Penalties for drug driving
- Drug driving infringements
- Drug driving defences
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Hoon driving
- What is hoon driving?
- Which are the relevant offences?
- Monkey bikes and hooning
- Police powers
- What police must tell the owner
- Search powers
- Apply for court orders
- Can police seizure be challenged?
- When can a vehicle be impounded or immobilised?
- When a vehicle can be forfeited and sold
- What happens to a forfeited vehicle?
- Offences for not complying with hoon laws
- Drivers to complete safe driving course
- How to get the vehicle back
- Release of vehicle in exceptional circumstances
- If vehicle is not collected
- Not guilty or not charged?
- Owner must not sell vehicle
- If owner was not the driver
- Innocent people affected by notice or order
- Legislation
- Where to find Victorian law
- Where to find Commonwealth law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Interstate and overseas
- National road rules and exchange of driver information
- Drivers moving from interstate or overseas
- Victorians driving interstate
- Victorian drivers moving interstate
- Interstate rules and authorities
- Victorians driving overseas
- Interstate drivers in Victoria
- Fines and penalties for interstate drivers
- Overseas drivers in Victoria
- Drink driving offences outside Victoria
- Services and info for clients
- Legislation
- VLA help
- VLA resources for clients
- References
- Forms
- CALD resources
-
- Immediate suspension of licence
- What is immediate licence suspension?
- Difference between licence suspension and cancellation
- Offences that allow immediate suspension
- What must be included in the notice
- How long does the suspension last?
- Challenging the notice
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- CALD resources
-
- Licence restoration
- What is licence restoration?
- Who can apply straight to VicRoads?
- How to apply to court for licence eligibility order
- Behaviour change program
- Getting a licence back after drug driving
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Novice drivers (L and P plates)
- Learner drivers
- Who may accompany a learner
- Probationary drivers
- Passenger restrictions
- Suspension or cancellation of probationary licence
- Demerit points and novice drivers
- Novice motorcyclists
- Where to find Victorian law
- Legislation
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Speeding
- Speed limits and penalties
- How speed is detected
- Official warnings for speeding
- Excessive speed
- Understanding a speeding charge
- Heavy and large vehicles
- Anti-speed devices offences
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Unlicensed or disqualified driving
- What is unlicensed driving?
- Offence if driver is not licensed
- Testing fitness to drive
- Drive while disqualified
- If licence suspended for not paying fines
- Driving without interlock licence
- Difference between licence suspension and cancellation
- What is a subsequent offence?
- Offence to apply for a licence if suspended
- Appeals against licence suspension
- Demerit points and unlicensed driving
- Legislation
- VLA help
- VLA resources for clients
- Where to find Victorian law
- Services and info for clients
- References
- Forms
- CALD resources
-
- Protective services officers
-
- Legal info
- Who are protective services officers?
- Where do PSOs operate?
- What powers do PSOs have?
- 'Move on' powers for antisocial behaviour
- Person believed to be mentally ill
- Offences against PSOs
- PSOs and weapons
- How to complain about a PSO
- Person on bail or parole
- PSO power to search
- Power to issue a fine
- Can PSO ask for name and address?
- Services and info for clients
- References
- CALD resources
-
- Public behaviour offences
- What are public behaviour offences?
- What is a public place?
- Nazi symbols and gestures
- Indecent language
- Obscene or indecent behaviour
- Public intoxication ('drunkenness')
- Barring orders
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
- Where to find Victorian law
-
- Sentencing
-
- An overview of sentencing
- Legal info
- What is sentencing?
- How courts decide
- Sentencing options
- Recording a conviction
- Expunging a conviction
- Sentence indications and discounts
- When custodial sentences are required
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- CALD resources
- Good Behaviour Bonds, Adjourned Undertakings
-
- Spent convictions scheme in Victoria
- Definitions of ‘conviction’, ‘spent conviction’ and ‘criminal record’
- Fact sheets and flow charts on the spent convictions scheme
- Convictions that cannot become spent
- How convictions can become spent
- Convictions that become spent immediately
- Convictions that become spent from the date any conditions on the penalty have been met
- Convictions that become spent once the ‘conviction period’ has passed
- Application to a court for a conviction to be spent
- How to make sure an old conviction has been spent
- When a spent conviction can be disclosed
- Misuse of spent conviction information
- Further information on the spent convictions scheme
-
- Family
-
- Children and parenting
-
- Adoption
- What is adoption?
- Who may adopt and be adopted?
- Fit and proper person
- Consent from parents
- Child's wishes
- Counselling
- Alternatives to adoption
- Adoption procedure
- Overseas adoption
- Adoption by step-parents
- Adult adoption
- Adopting an Aboriginal child
- Parenting orders and adoption
- Locating donors, birth parents or adopted child
- Legislation
- Where to find Victorian law
- Where to find Commonwealth law
- VLA help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Birth registration
- Notification of birth
- Registering a birth
- Birth registration statements
- Parentage details
- Birth registration and same-sex couples
- Registering a name
- Gender diversity and altering the register
- Surrogacy and birth registration
- Legislation
- Where to find Victorian law
- Where to find Commonwealth law
- VLA help
- How duty lawyers can help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Child support
- What is child support?
- The Child Support Scheme
- Eligibility
- How to apply for an assessment
- How long an assessment lasts
- How child support is calculated
- How care levels affect payments
- Minimum payments
- Child support and Centrelink payments
- Agreements for child support payments
- If circumstances change
- Debts and collecting arrears
- Enforcing a child support debt
- Overseas child support
- Family violence and child support
- Reviews and appeals
- Ending child support payments
- Adult child maintenance
- Legislation
- VLA help
- VLA resources for clients
- Where to find Commonwealth law
- Services and info for clients
- References
- Forms
- CALD resources
-
- Contravention of orders affecting children
- What is contravention?
- Issues to consider
- Belief that person will contravene orders
- Reasonable excuse
- What the court may do about a contravention
- Orders for costs
- Responding to a contravention application
- Legislation
- Where to find Commonwealth law
- VLA help
- VLA resources for clients
- How duty lawyers can help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Grandparents
- Where do grandparents stand under Australian law?
- Seeing the grandchildren after parents separate
- Grandparents who are primary carers
- Grandparents and child protection
- Gifts of money for grandchildren
- Legislation
- Where to find Commonwealth law
- Where to find Victorian law
- VLA resources for clients
- How duty lawyers can help
- VLA help
- Services and info for clients
- References
- Forms
- CALD resources
- Location, relocation, abduction, recovery and travel
-
- Location or information orders
- What are information and location orders?
- How to apply for a location order
- Service of the location application
- Disclosure of information provided
- Legislation
- Where to find Commonwealth law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Relocation of a child
- What is relocation?
- Emergency relocation
- Issues to consider
- How the court decides relocation cases
- If no court orders in place
- If there are court orders
- Relocation overseas
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- How duty lawyers can help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Taking a child overseas
- When can a child be taken overseas?
- Passports and overseas travel
- How to prevent a child being taken overseas
- Airport watch list
- Removing a child from the list
- Child abducted from Australia
- Child abducted to Australia
- Legislation
- Where to find Commonwealth law
- VLA help
- VLA resources for clients
- How duty lawyers can help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Parentage
- Presumption of parentage
- Proof of parentage
- Seeking orders for DNA test
- Parentage testing overseas
- Amending a birth certificate
- Parentage and assisted reproduction
- Legislation
- Where to find Victorian law
- Where to find Commonwealth law
- VLA help
- VLA resources for clients
- How duty lawyers can help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Parenting arrangements and child contact
- Equal shared parental responsibility
- Age of child and parenting
- Changing parenting orders
- Allegations of drug or alcohol abuse
- Drug testing
- How the court decides a child's best interests
- Legislation
- Where to find Commonwealth law
- VLA help
- VLA resources for clients
- How duty lawyers can help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Parenting plans
- What is a parenting plan?
- What can be included in a parenting plan?
- Parenting orders and parenting plans
- Parenting plans and financial support for a child
- Registered plans
- How to change a parenting plan
- Legislation
- Where to find Commonwealth law
- VLA help
- VLA resources for clients
- How duty lawyers can help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Pregnancy and unborn children
- Legal status of a foetus
- Abortion
- Child protection and unborn children
- Duty to maintain an unborn child
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- How duty lawyers can help with pregnancy and unborn children
- How duty lawyers can help with child protection matters
- Services and info for clients
- References
- CALD resources
-
- Divorce and nullity
-
- Divorce
- What is divorce?
- Eligibility for divorce
- Separation and divorce
- How to apply for a divorce
- Serving a divorce application
- Divorce court hearings
- Opposing a divorce application
- Overseas marriages
- Polygamous marriages and divorce
- Divorce and religious practices
- Recognition of Australian divorce overseas
- Recognition of a divorce granted overseas
- Legislation
- Where to find Commonwealth law
- VLA help
- VLA resources for clients
- How duty lawyers can help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Family violence intervention orders
- Family violence and children
- Further details of allegations for intervention order matters
- Serving court documents
- Breaching an order
- Family violence and visas
- Extend, vary or revoke an order
- Fines and family violence
- Appeals and rehearings
- Advising a respondent
- Legislation
- VLA help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Procedure in family law
-
- Legal info
- Steps in parenting matters
- Serving documents
- Service via Facebook
- Transfer to another court venue
- Grants of assistance for interstate matters
- Urgent matters
- Getting an injunction
- First court date
- Family and expert reports
- Application in a proceeding
- Use of recordings in court
- Family law courts combine
- Legislation
- VLA help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Property division
-
- Legal info
- What is property?
- Checklist of property
- Options for property settlement
- Leaving the family home
- Protecting property
- Caveats
- Binding financial agreements or prenuptials
- Consent orders
- Negotiating property consent orders
- Drafting property consent orders
- How to apply for property consent orders
- De facto property
- Spousal maintenance
- Urgent spousal maintenance
- Dispute resolution and property
- Discovery and exchange of documents
- How property is divided by the court
- Legislation
- VLA help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Youth
-
- Child protection
-
- Legal info
- What is child protection?
- When does a child need protection?
- Leaving a child unattended
- How to report neglect or abuse
- Mandatory reporting
- Offence of failing to disclose child sexual abuse
- Offence of failing to protect a child from sexual abuse
- Reportable conduct scheme
- Are reports confidential?
- Reporting an unborn child
- Role of child protection team and DHHS
- How DHHS investigates
- Deciding the level of risk
- Case planning reviews
- Parties to proceedings
- Questions to ask third parties (non-parents)
- Foster carers
- Kinship care
- Child protection orders
- Historical care and protection orders
- Legislation
- VLA help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Police powers and young people
-
- Arrest of a young person
- Who is a child?
- When a young person may be arrested
- Child in need of protection
- Graffiti or using public transport
- Underage drinking
- Apprehension and detention for volatile substances
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Search of a young person
- Who is a child?
- When can searches be carried out?
- Searches at school
- Search for graffiti tools
- Searches for volatile substances
- Youth held in youth training or residential care centre
- Search of centre visitors
- Youth held in secure welfare
- Search of licensed premises
- Strip searches of young people
- Legislation
- Where to find Commonwealth Law
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- General
-
- Complaints about lawyers
-
- Legal info
- Who handles complaints about lawyers
- Investigating a consumer complaint
- Types of complaints
- Mediation of consumer complaints about lawyers
- Types of misconduct
- How to make a complaint against a lawyer
- Investigating a conduct complaint
- VLA help for complaints about lawyers
- VCAT's role in complaints about lawyers
- Transfer of files from one lawyer to another
- Appealing a commissioner decision
- Making complaints to VLA
- Judicial officer complaints
- Legislation
- Services and info for clients
- References
- Forms
- CALD resources
- VLA resources for clients
-
- Prison
-
- Prison issues
-
- Classification of prisoners
- What is prisoner classification?
- Classification procedure
- Risk assessment
- Security risk ratings
- Sentence management
- Placement and separation orders
- Review of classification
- Legislation
- Where to find Victorian law
- VLA help
- About prisoner legal help
- Services and info for clients
- References
-
- Disciplinary hearings
- What are disciplinary hearings?
- How prisoners are disciplined
- Common disciplinary offences
- Possible penalties
- Appealing a disciplinary hearing decision
- Getting reasons for administrative decisions
- Legislation
- Where to find Victorian law
- VLA help
- Services and info for clients
- References
-
- Prison programs and facilities
- Program types
- Clinical programs
- Programs for people with an intellectual impairment
- Recreational programs
- Educational and vocational programs
- Transitional programs
- Prison facilities
- Computers in cells
- Legislation
- Where to find Victorian law
- VLA help
- Services and info for clients
- References
- Deputy Commissioner's Instructions
- International transfer of prisoners
-
- Criminal
-
- Extended supervision
- What are supervision and detention orders
- Key changes to extended supervision in 2018
- Who is an eligible offender?
- When orders and conditions can be made
- Procedure after an application is made
- Renewals, reviews and appeals
- Prohibition orders
- Relevant offences
- Legislation
- Related Acts
- VLA help
- Services and info for clients
- References
- Forms
-
- Parole
- What is parole?
- Eligibility for parole
- Parole and community corrections orders
- Parole for sexual or violent offenders
- How to apply for parole
- How parole is decided
- Parole conditions
- If parole is denied
- Breach of parole
- Cancellation of parole
- Interstate transfer of parolees
- Parole and victims
- Youth parole
- Commonwealth parole
- Legislation
- Where to find Victorian law
- VLA help
- Services and info for clients
- References
- Forms
-
- Family
-
- Intervention orders and prisoners
- Legal info
- What is family violence?
- Who applies for an order?
- What happens after an application is made
- Conditions of orders
- Changing an intervention order
- If an order is breached
- Legislation
- Related Acts
- Where to find Victorian law
- VLA help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Civil
-
- Debt and prisoners
- Must the debt be repaid?
- Negotiating with a creditor
- Complaints and dispute resolution
- Legal action in court
- Small debts and VCAT
- Enforcement
- Bankruptcy
- Credit reporting
- Legislation
- Where to find Victorian law
- Where to find Commonwealth law
- VLA help
- Services and info for clients
- References
- Forms
-
- Migration issues for prisoners
- Applying for a visa
- Cancelling a visa on character grounds
- Mandatory process for cancelling a visa
- Discretionary process for cancelling a visa
- Character test
- Appealing to the Federal Court
- Calculating time in prison
- Other visa cancellations
- Legislation
- Where to find Commonwealth law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- CALD resources