The Law Handbook 2024

1158 Glossary incorporated documents  Additional papers that are included in a contract or other legal document, such as a planning scheme, by being specifically referred to and stated to form part of the main document. indemnity costs  Lawyers’ fees paid in full by the party who loses a court case. See also costs . indemnity  A promise to pay compensation to cover losses or expenses that may arise in the future if some stated event occurs. For example, if a business partnership ends and one partner continues to run the business, they generally agree to indemnify the others against any claims against the business in the future. Insurance contracts also indemnify the insured against stated risks. Independent Third Person (ITP)  A person, other than a friend or family member, who provides support to a person with an intellectual disability, brain injury or mental illness when they are being questioned by the police. independent witness  (1) An independent person who sits with a child being questioned by police when their parent or guardian cannot be present. The independent witness ensures that the child is treated with care and understands what is happening. (2) In any legal proceeding, a person who can give evidence of matters before the court but has no particular interest in the outcome. (3) A person who has no interest in the contents of a document such as a will, but watches it being signed, and puts their own name on it as evidence that they saw the signing occur. Compare interested witness . indictable charge  An accusation against a person who is suspected of a serious crime (an indictable offence ). Being charged means the accused person must go before a court to have the offence tried. indictable offence  A serious crime that is generally heard before a judge and jury in the County Court or the Supreme Court, such as a criminal case. Examples of indictable offences include assault and armed robbery. indictment  A document that lists the accused’s name, the charges against the accused and the particulars of the offence, and is filed with the court to begin criminal proceedings. industrial disease  Damage to health caused by conditions in a workplace in a particular industry, or connected with a particular type of work. For example, lung disease caused by working in a mine or a wheat silo without a face mask. infant  A child or young person under 18. In law, an infant is anyone who is not an adult (it does not mean a baby). Also called a minor . informant  A person who swears an affidavit stating that an offence has occurred and is named on the documents that start a criminal case in court. The informant is usually a police officer, but can also be the victim of the crime. Not to be confused with an informer . informed consent  When a person freely agrees to a procedure with full understanding of what it involves, and knowing about any risks. For example, a patient can give informed consent to surgery after a surgeon explains the risks involved. informer  A person, often a criminal, who gives information to the police about criminal activity by other people. Informers may hope for a reward or a lighter punishment for their own offences. infringement notice  A notice stating that a summary offence has been committed. It also states the amount of any fine that has to be paid. Includes many driving and parking offences. Also referred to as an ‘on-the-spot-fine’. injunction  A court order that directs a person to do, or not to do, something. For example, a court can order a developer not to demolish a historic building. An injunction may be interim (operative until further order) or perpetual (continuing indefinitely). inquisitorial legal system  A kind of legal system found outside Australia, where judges can ask witnesses questions and make their own investigations about the facts in a case. See also adversary system . insolvent  Being unable to pay your debts in full when they are due. instalment order  A court order that allows a debtor time to pay off a debt that has been proved in court. Payments may be made monthly or weekly instead of all at once. See also judgment debt . instrument  A formal document, in writing or digitally authorised, which has a legal effect. For example, a transfer of land is an instrument that has the effect of changing ownership from one person to another. intellectual property  Rights given by legislation to make money out of inventions and creative work. It includes copyright , industrial designs, patents, trade marks and plant breeder’s rights. The inventor or creator can keep the rights or sell them. Other people can be sued for making copies without the permission of the owner of the intellectual property. intensive correction order (ICO) A sentence that is served in the community rather than in jail. Intensive correction orders have very strict conditions attached to them. interested witness  (1) In any legal proceeding, a person who gives evidence of matters before the court but has an interest in the outcome, so may have less credibility than an independent witness . (2) A witness to a will or other document who has an interest in the outcome. For example, a spouse who is given property or power under the terms of the will, and also signs the will as a witness. interim order  A temporary court order that stays in place only until the court can make a final decision on the issue at a full hearing. internal review A request you can make to an enforcement agency (for example, a local council) that a fine be resolved without you paying it.