The Law Handbook 2024

1192 Index duty to comply 210 infringement notice for breach 210 notice of 202 reasonableness 197 variation 212 considerations 199–201 contested application 201 co-offenders, where 200 parity of sentences 206 County Court 197–8 court, grant by 195, 197–8 COVID-19 and 196, 204, 205 exceptional circumstances 204, 205, 207 custody, applicant in 200 decision-makers 196 deferral of decision if accused intoxicated 196 delay as exceptional circumstance 204 COVID-19 and 196, 204 determination 201 driving offences 651 drug offences 140 exceptional circumstances 140, 204 duty of bailed person 210–11 evidence in hearings 201 exceptional circumstances 140, 203–7 Aboriginality 207 applicant’s age or health 206 child applicant 206–7 concept of 203 COVID-19 and 204, 205, 207 delay 204 drug rehabilitation/treatment 206 financial hardship 205 grant only by court where 196 hardship caused by detention 205 likely sentence 205 need to prepare defence 206 onus of proof 203 parity 206 schedule 1 offences 202 serious offences 202 strength of Crown case 204–5 surrounding circumstances 203–7 willingness to accept stringent conditions 205 extension 212 failure to appear, offence 210 family violence considerations 201 forms of 196–7 further application after refusal 199 general rule 202 hardship caused by detention 205 COVID-19 and 205 hearings 201, 212 indemnifying surety 211 jury service disqualification 24 Magistrates Court 197, 212–13 matters to be considered 199–201 minor offences 198 murder 203 notice of conditions 202 opposition to 201 own undertaking 196 parity of sentences and 206 pending appeal 20, 212–13 police grant by 198 limits on grant by 198 opposition by 201 refusal of bail by 198 remand power 196 presumption against 202 exceptional circumstances 202–7 ‘show compelling reason’ test 202, 207–8 presumption in favour of 195, 199, 202 presumption of innocence and 195 procedures 199–201 protesters 1047–8 refusal 202–9 Aboriginal applicant 198 appeal against 212 child applicant 198 exceptional circumstances 202–7 further application after 199 general rule 202 grounds 202–9 insufficient time to obtain information 209 police, by 198 serious offences 202 ‘show compelling reason’ test 202, 207–8 unacceptable risk 202, 208–9 uncertain if victim will die or recover 209 vulnerable adult 198 release of accused on 195 reverse onus 195 revocation of orders 212 schedule 1 offences 202 schedule 2 offences 202, 207–8 security 196, 211 serious offences 195 exceptional circumstances 202–7 presumption against bail 202 ‘show cause’ test (former) 202 ‘show compelling reason’ 196, 202, 207–8 concept of ‘compelling reasons’ 208 schedule 2 offences 202, 207–8 surrounding circumstances 208 suppression orders 202 Supreme Court 197–8 surety 196, 211 surrounding circumstances 203–7 compelling reasons and 208 timing of application for 199 treason 203 unacceptable risk 203, 208–9 unreasonable delay in taking before court 198 variation of orders 212 vulnerable applicant 198, 201 compelling reason, 208 refusal, procedure on 198 what is 195 who can grant 196 young offender 41, 45 bail justices 28, 196, 210–11 bait advertising 526, 701 Ballarat and Grampians Community Legal Service 88 Ballarat Child and Family Services 392 bank accounts bankruptcy 369–70 closing account 369, 370 freezing account 370 keeping some money 369 withdrawing money before 370 banking Code of Practice 420, 433, 435–6, 460–1 complaint bodies 716, 730 credit contracts see credit contracts Customer Owned Banking Code of Practice 420, 461 ePayments Code 458–9, 744 Hayne Royal Commission 952–3, 955, 963 industry codes 460–1 mortgage lenders 547 unauthorised transactions 458–62 Banking Code of Practice 420, 435, 460–1 application 435 chargebacks 460 credit disputes 461 good industry practice 435, 460 guarantees, application to 433, 435–6 unauthorised transactions 460–1 bankruptcy 365–87 act of 380 administration of law 367 advantages 365–6 advice before filing for 348, 366 alternatives to 383–6 annulment 382 Australian Financial Security Authority (AFSA) 365, 367, 387 bankruptcy procedure 379–82 debt agreement procedure 384–5 Official Receiver 367, 370, 379, 382, 384 Official Trustee 367 website 348, 365, 367, 379, 386, 387 automatic discharge 382 bank accounts 369–70 closing or freezing 369, 370 withdrawing money 370 bankruptcy notice 380 extension of time for compliance 380–1 failure to comply 381 instalment order prior to 356 Bankruptcy Regulations 365 businesses, not available to 367 Centrelink debts 376–7 children 367 companies, not available to 367 contacts 387 contesting creditor’s petition 381 contracts 677 contributions from bankrupt’s income 373–4 actual income threshold amount 373 failure to pay 374 supervised account regime 374 variation on hardship grounds 373 credit report 366, 453 creditor’s petition 365, 380–1 contesting 381 criminal offences 379 debt agreements 383–6 debtor’s petition 365, 379–80 declaration of intention to present 380 documents to be completed 379 filing documents 379 debts, effect on 374–8 Centrelink debts 376–7