The Law Handbook 2024

Index 1227 delays 960 direct claim against insurer 959 dispute resolution 961–3 AFCA 962 ASIC 962–3 small claims 962 VCAT Civil Claims List 962 duty of utmost good faith 960 excess 953–4, 965 financial hardship 961 insurer’s right to refuse 959 interest 960 making claim 958 motor vehicle accidents 964–8 comprehensive insurance 965–7 loss of right to claim 964–5 repair costs 966–7 third party property insurance 967 other insurance 959 policyholder owes insurer 961 resolution 959–60 tenancy, in relation to 528–9 compensation claim 528–9 excess on claim 528 third-party beneficiary 959 time-frame for decision 960 under insurance 958 unnamed insured 959 unusual terms 959 urgent financial need 961 vulnerable policyholder 961 when insurer must pay 959 insurance contracts 953–63 averaging clause 958 cancellation 961 certificate of currency 953 change of details, notifying 954 claim on see insurance claims consumer insurance contracts 955–6 cooling-off period 953 cover note 954 disclosure duty 956–8 consumer 957 credit contracts 429 insurer 956 relevant failure 957–8 remedies for breach 957 ending 960–1 excess 953–4 extent of cover 954–5 general advice on 954 insurance schedule 953 interpretation in favour of policyholder 960 legislation 952 misrepresentation, duty to avoid 957 notice of impending expiry 960 paperwork, keeping 954 policy schedule 953 policyholder hardship 961 premium 953 prescribed contracts 955 proposal form 953 renewal 954, 960–1 notice 960 stamp duty on 407 tenancy, in relation to 528–9 unfair contract terms 960 unusual terms 959 write off value 955 Insurance Council of Australia 952, 961, 963 Insurance Ombudsman see Financial Ombudsman Service intellectual disability 778–95 see also disability abuse of people with 785, 789 accommodation, right to 783–4 advocacy see disability advocacy Assessment and Referral Court (ARC) List 37, 791, 807–8 assistance in court 805–9 authorised program officer 816 capacity 676, 787, 788 Centrelink nominee 790 cognitive impairment, definition 784 community correction order (CCO) 806 consent to treatment see consent to treatment contacts 791–5 contracts 676, 788 Court Integrated Services Program (CISP) 805, 807, 808 criminal charges 803 Criminal Justice Diversion Program 806 criminal justice system 803–17 custodial supervision order 810–13 decision making 785 Disability Act covering 818 Disability Support Pension 316–17 emergency apprehension 813 family violence 785 Forensic Leave Panel 811, 812, 816 forensic patients 810–12 forensic procedures 189 forensic resident 810, 811, 816 absconding interstate 812 leave 811–12 residential facility, to 815–16 transfer 812 guardianship and administration see guardianship and administration Independent Family Advocacy and Support 67–8, 789, 793 individual support plan (ISP) 37, 808 infringement system enforcement warrant hearing 123 special circumstance 105, 816 work and development permit (WDP) 113 instructions from client with 790–1, 803 jury service 24 justice plan conditions 814, 815 lawyer, access to 805 legal capacity 676, 787, 788 litigation guardian 791 NDIA nominee 790 NDIS see National Disability Insurance Scheme non-custodial supervision order 810 emergency apprehension of person subject to 813 not guilty plea 37 parents with 788–9 advocacy services 789, 794 police interview 180, 804–5 access to lawyer 805 independent third person (ITP) 798, 804–5 pre-sentence report 814 prisoners 787, 814–16 Corrections Independent Support Officer 798 sentencing 814–16 support services 815 transfer to residential institution 815–16 residential treatment order 814, 815 restrictive practices 785 rights of people with 779–90, 848–9 security order 815 security resident 815 transfer from prison to residential facility 815 sentencing 37, 814–16 sexual assault complaints 162–3, 785–6 evidence in court 165–6, 786 reporting to police 164 special hearing 810 supervised treatment order (STO) 784–5 supervision order 810–13 leave 811–12 variation or revocation 811 taking instructions from client with 790–1, 803 tenancy 783–4 transfer of forensic resident 812, 815 absconding interstate 812 interstate 812 prison to residential institution 815 treatment plan 816 unfitness for trial 809–10 intellectual property see copyright; trade marks intentionally causing serious injury County Court jurisdiction 19 forensic sample offence 190 interim accommodation order 47–8 International Covenant on Civil and Political Rights 4, 1006, 1046 Charter protecting rights in 999 prisoners’ rights 223 right to privacy 1093, 1123, 1124 international students Overseas Students Ombudsman 1082, 1083, 1085 internet 732–51 access to content 748–50 apps 733 auctions 745–7 broadcasts 737 chat rooms 750 child pornography 749 children’s access 748–50 classification of content 748–9 cloud hosting services 732 codes of practice 749, 750 communicating and networking 732 Communications Alliance 749, 751 complaints about content 748–40 consumer protection 744–8 contacts 751 content host see internet content host (ICH) content provider 732 content regulation 748–50 copyright issues 733–7 crowd funding 750 cyber bullying 742, 749