skip to content
Toggle navigation
Free Legal Helpline
1300 366 424
About Us
Our Structure
Careers
Current Vacancies
Law Student Programs
Strategic Plan
Aboriginal Engagement Strategy
Media Enquiries
Funding
Annual Report
Annual Reports Archive
Client Service Policy
Complaints
Freedom of Information
Confidentiality
ReadSpeaker Listen Button
Legal Help
Free Legal Advice
Help at Court
Applying for Legal Aid
Applying for Legal Aid
Eligibility
Costs
Appeals and Complaints
Civil Law
Migration
NDIS Appeals
Review of Mental Health Orders
Review of Guardianship and Administration Orders
Criminal Law
Duty Solicitor Service
After Hours Custody Service
Youth Legal Service
Family Law
Family Advocacy and Support Service (FASS)
Family Violence and Cross-Examination of Parties Scheme
Family Dispute Resolution
amica
Child Support Advice
Domestic Violence
Domestic Violence Advice
Women's Domestic Violence Court Assistance Service
Domestic Violence Unit (DVU)
Health Justice Partnerships
Family Advocacy and Support Service (FASS)
Family Violence and Cross-Examination of Parties Scheme
Child Protection and Adoption
Contact Us
Education
Publications
Browse Publications
Online Order Form
Keeping Connected
Request Information Session
Law for Community Workers
Young People
Legal Education Sessions
Factsheets and Publications
Migrant Education
Law For You
Protection Visa Program resources
Linking the Law
Audio Recordings in Community Languages
Disability Justice
Legal education resources for people with disability
Easy Read Resources
How We Help Video
Abuse Prevention Accessible Videos
Rights On Show
At All Stages of Life
See the Signs - Coercive Control Campaign
Law Week 2024
For Lawyers
Forms
Cost Scales & Disbursements
Assignment of Legal Aid Cases to Practitioners
Practitioner Panel Registry
Panel Information and Forms
Practitioner Audit Information
Restricted Practising Certificates
Commission or Private Lawyer
Solicitor of Choice
Applying for Legal Aid
Documents to Lodge
When to Lodge the Application
Urgent Applications
Notifications of Decisions
First Appointment
Professional Considerations
Practical Issues
Appeals
Eligibility for Legal Aid
Funding Criteria
Conditions of Legal Aid
Legal Aid Guidelines for Commonwealth Matters
Application
Family Law Guidelines
Criminal Law Guidelines
Civil Law Guidelines
Schedule B
Payment for Legal Aid Work
Library Services
Duty Solicitor Handbook
News
Media Enquiries
Law Handbook
Chapters A-E
Accidents and Injuries
Advance Directives
Arrest, Your Rights and Bail
Bankruptcy
Business Information
Children and Young People
Child Support
Community Organisations
Complaints
Consumers - Contracts and Credit
Copyright
Criminal and Traffic Offences
Court - Criminal Matters
Court - Suing or Being Sued
Debt
Defamation
Discrimination
Employment
Environment
Expiation Fees and Fines
Chapters F-Z
Family Relationships
Guardianship and Administration
Housing
Immigration and Citizenship
Insurance and Superannuation
Legal Help
Legal System
Local Government and Planning
Medical Treatment and Related Issues
Mental Health
Neighbours
Payments - Centrelink and Veterans
Prisoners
Privacy and Access to Information
Victims of Crime
Wills, Estates and Funerals
Browse Law Handbook
Search
Legal Words
Acts and Legislation
Service Directory
Legal Research Links
Contact
Feedback
Legal Help for all South Australians
Refine results
Search by
Law Handbook Home
Chapters A-E
Accidents and Injuries
Advance Directives
Arrest, Your Rights and Bail
Bankruptcy
Business Information
Children and Young People
Child Support
Community Organisations
Complaints
Consumers - Contracts and Credit
Copyright
Criminal and Traffic Offences
Court - Criminal Matters
Court - Suing or Being Sued
Debt
Defamation
Discrimination
Employment
Environment
Expiation Fees and Fines
Chapters F-Z
Family Relationships
Guardianship and Administration
Housing
Immigration and Citizenship
Insurance and Superannuation
Legal Help
Legal System
Local Government and Planning
Medical Treatment and Related Issues
Mental Health
Neighbours
Payments - Centrelink and Veterans
Prisoners
Privacy and Access to Information
Victims of Crime
Wills, Estates and Funerals
Browse Law Handbook
Advanced Search
Legal Terms
Acts and Legislation
Service Directory
Legal Research Links
User Guide
Using this Website
Handbook Contributors
Feedback
Decrease text size
Latest Updates to the Law Handbook
Menu
Listen
Home
Legislation
Acts and legislation
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
X
Y
Z
C
Carers Recognition Act 2005 (SA),
Choking, suffocation or strangulation in a domestic setting
What is abuse?
Intervention orders and tenancy agreements
Casino Act 1997 (SA),
Barring Orders under the Liquor Licensing Act
Other Barring Orders
Casino Regulations 2013 (SA),
Other Barring Orders
Cheques Act 1986 (Cth),
Cheques
Child Safety (Prohibited Persons) Act 2016 (SA),
Custody or guardianship of the Chief Executive
Religious and cultural activities
Acts conferring jurisdiction
Working with children checks
How is "work with children" defined?
Who is excluded from the requirement to have a check?
Who is prohibited from working with children?
How is a working with children check conducted?
Is there a fee?
What is "assessable information"?
When won't the Screening Unit assess all the information?
What measures provide procedural fairness in the assessment?
How is a prohibition notice issued or revoked?
Must employers check that employees have a current working with children check?
Can parents check whether a person working with their child has a check?
Who can adopt?
Child Safety (Prohibited Persons) Regulations 2019 (SA),
Working with children checks
How is "work with children" defined?
Who is excluded from the requirement to have a check?
Who is prohibited from working with children?
When won't the Screening Unit assess all the information?
What measures provide procedural fairness in the assessment?
Must employers check that employees have a current working with children check?
Child Sex Offenders Registration Act 2006 (SA),
Registration of child sex offenders
Paedophile restraint orders
Indeterminate detention
Sentencing Purposes, Principles and Factors
Liability for further detention and supervision
Do those who obtain a check have any ongoing obligations?
Do employers have any ongoing obligations?
Child Sex Offenders Registration Regulations 2022 (SA),
Registration of child sex offenders
Child Support (Assessment) Act 1989 (Cth),
Parental rights and duties
The role of Services Australia - Child Support
Proof of Parentage
Changing your assessment in special circumstances
Limited Child Support Agreements
Binding Child Support Agreements
Setting aside a Child Support Agreement
The family law system
Child Support (Registration and Collection) Act 1988 (Cth),
The role of Services Australia - Child Support
The family law system
Children and Young People (Oversight and Advocacy Bodies) Act 2016 (SA),
South Australian Ombudsman
Children and Young People (Safety) Act 2017 (SA),
Presumption of bail
Children, young people and the law
Legal age to babysit
Leaving home
Early childhood services and immunisation requirements
Protection of children and young people
Children and young people at risk
Notification
Investigation and intervention
Care and Protection Orders
Custody or guardianship of the Chief Executive
Other person guardianship
Review of administrative decisions
Prescribed child protection complaints
Who may apply for a Youth Treatment Order
Child Safe Environments
Education
Can I be charged with an offence at any age?
Acts conferring jurisdiction
Female Genital Mutilation (FGM)
Institutional and out of home care child sexual abuse
What is "assessable information"?
Must employers check that employees have a current working with children check?
When is an intervention order appropriate?
Conflict with other court orders
Changing a child's name
Restrictive practices by registered NDIS providers
Children and Young People (Safety) Regulations 2017 (SA),
Children and young people at risk
Notification
Investigation and intervention
Other person guardianship
Review of administrative decisions
Civil Aviation Safety Regulations 1998 (Cth),
Drones (Remotely Piloted Aircraft)
What is a drone (Remotely Piloted Aircraft (RPA))?
Types of Remotely Piloted Aircraft and Restrictions Based on Weight
Standard operating conditions for Remotely Piloted Aircraft (RPA)
Conditions particular to type of Remotely Piloted Aircraft (RPA)
Operating Remotely Piloted Aircraft (RPA) for Hire or Reward
Penalties for Unsafe Flying
Indoor Operation of a Remotely Piloted Aircraft
Civil Liability Act 1936 ,
Accidents on private and public property
Who is liable?
The Occupier's Responsibilities
Accidents on roads and footpaths
Injuries caused by other animals
Determining fault
What can be claimed?
Reduction of claims
Negligence
Alcohol, vaping, tobacco products, and other drugs
Absolute privilege
Racial hatred
Three year time requirement - State law matters
Child abuse - civil claims
Classification (Publications, Films and Computer Games) Act 1995 (Cth),
Censorship
Produce, show or sell indecent or offensive material
Climate Change Act 2022 (Cth),
Commonwealth Responsibility
Coast Protection Act 1972 (SA),
Nature Conservation
Commonwealth Electoral Act 1918 (Cth),
Public office - elections and voting
Finding out who to sue
Laws Affecting Prisoners
Life in prison
Commonwealth of Australia Constitution Act (Cth),
Public office - elections and voting
Community Housing Providers (National Law) (South Australia) Act 2013 (SA),
Acts conferring jurisdiction
Community Housing
The role of Housing SA
Community housing providers
Housing co-operatives
Housing associations
Resolving disputes
Community Titles Act 1996 ,
Minor Civil Actions
Strata Titles
Community Titles
Key Documents and Terms
Types of schemes
Small schemes
Buying into a community title
Community corporation
Powers of the corporation
Officers of the corporation
Records
Access to information
Common property
Financial management
By-laws (Rules)
Breaching the by-laws
Management committee
General Meetings
Voting at General Meetings
Types of Resolutions
Body corporate managers
Owners' rights and responsibilities
Disputes
Converting from other schemes
Common questions and answers
Neighbours and the Law
Community Titles Regulations 2011 (SA),
Community Titles
Powers of the corporation
Officers of the corporation
Records
Access to information
Financial management
Breaching the by-laws
General Meetings
Voting at General Meetings
Types of Resolutions
Body corporate managers
Owners' rights and responsibilities
Competition and Consumer (Consumer Data Right) Rules 2020 (Cth),
Consumer Data - Breaches and Rights
Competition and Consumer Act 2010 (Cth),
Regulation of Business
Does a contract have to be in writing?
Consumer Protection
The Role of Government Agencies
Other Options for Consumers
Statutory Guarantees
Guarantees as to the supply of services
Misleading or Deceptive Conduct
Unfair Contract Terms
Unsolicited consumer agreements
Telemarketing
Pyramid sales
Gift Cards
Consumer Data - Breaches and Rights
Building Work
Federal Court of Australia
Action against the supplier
Action against the manufacturer
Competition and Consumer Regulations 2010 (Cth),
Consumer Protection
Who is a Consumer?
Other Options for Consumers
Remedies
Consumer remedies - supply of goods
Consumer remedies - supply of services
Misleading or Deceptive Conduct
Unfair Practices
Unfair Contract Terms
Gift Cards
Consent to Medical Treatment and Palliative Care Act 1995 ,
Advance Care Directives
Advance care directives before July 2014
Treatment Orders
Acts conferring jurisdiction
Patients' Rights
Consent
Children under 16 years
When someone 16 or over can't consent
Emergency medical or dental treatment
Care when dying
Voluntary Assisted Dying Pathway
Constitution Act 1934 ,
Public office - elections and voting
The Australian Constitutional System
Voice to Parliament
Laws Affecting Prisoners
Construction Industry Long Service Leave Act 1987 (SA),
Fair Work Act 2009 (Cth)
Long Service Leave
Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014 (SA),
Simple Cannabis Offences
Possession for personal use
Manufacture, Cultivation and Sale
Presumption of sale
Possession or Sale of Equipment
Controlled Substances (Pure Amounts) Amendment Act 2022 (SA),
Manufacture, Cultivation and Sale
Trafficking of a Controlled Drug
Controlled Substances Act 1984 ,
Search and seizure
Presumption of bail
Intervention Orders and Child Protection Restraining Orders and Notices
Assessment, treatment and detention orders for drug dependency
Who may apply for a Youth Treatment Order
Conditions of detention
Representation of children
Acts conferring jurisdiction
What is a Crime?
Alcohol, vaping, tobacco products, and other drugs
Drug Offences
Aggravated offences
Simple Cannabis Offences
Possession for personal use
Definition of 'possession'
Manufacture, Cultivation and Sale
Presumption of sale
Manufacture of a Controlled Drug
Possession or Sale of Equipment
Sale or Possession of Instructions
Production, promotion and sale of controlled drug alternatives
Trafficking of a Controlled Drug
Sentencing Principles
Diversionary Schemes and the Treatment Intervention Court
Police Powers
Additional Offences
Emergency declarations
Care and Control Powers
Conveyancers Act 1994 ,
Acts conferring jurisdiction
The Role of Government Agencies
Land agents
Agents Indemnity Fund
Copyright Act 1968 (Cth),
Intellectual property
The Copyright Act
What is protected?
Legal rights of owners
Moral rights
Who owns copyright?
Duration periods by category of material
Assignments and licences
Infringement and remedies
Acts that do not infringe copyright
Design and copyright
Frequently asked questions
Laws relating to Journalists
Coroners Act 2003 ,
Coroner's Court
State Courts
How are royal commissions different from...
Coroner's Inquests
Coroners Regulations 2020 ,
Coroner's Inquests
Corporations Act 2001 (Cth),
Who can become bankrupt?
Disadvantages of Bankruptcy
Regulation of Business
Businesses owned by a company
Company directors
Who can be a director?
COVID-19 Insolvent Trading Relief
General Duties of Directors - Corporations Act 2001 (Cth)
Specific Duties of Directors
Director Identification Numbers
Insolvent Companies
Retention of Title Arrangements
Modern Slavery Reporting Requirements
Working finance
Resignation of a director
Community organisations
Committee members and officers
Complaints against banking, financial services, insurance companies and super funds
What credit contracts are excluded from the NCC?
Insurance
Investigation Hearing
Starting proceedings in the Magistrates Court
Public interest disclosures
Transfer of business
Upon the sale or winding up of the business
Compensation and other remedies
Financial management
The duty of utmost good faith
Corporations Amendment (Meeting and Documents) Act 2022 (Cth),
Does a contract have to be in writing?
Correctional Services Act 1982 ,
Arrest
Warrants for arrest
Notification
Institutional and out of home care child sexual abuse
Flying drones near correctional institutions
Laws Affecting Prisoners
Prison Institutions
Going to Prison
Admission to prison
Searches and drug testing
Life in prison
Solitary confinement
Restraints
Contacting prisoners
Breaches of regulations
Hearings and inquiries
Obstructing a Visiting Tribunal
Breach of leave conditions
Escaping
Offences by prisoners
Offences by others
Release of Sentenced Prisoners
Leave of absence
Home detention
Parole
The Ombudsman SA
Correctional Services Victim Register
Correctional Services Regulations 2016 (SA),
Laws Affecting Prisoners
Admission to prison
Searches and drug testing
Contacting prisoners
Breaches of regulations
Hearings and inquiries
Courts (Mediation and Arbitration) Act 1991 (Cth),
Commercial and Other Mediation Services
Crimes Act 1914 (Cth),
Search and seizure
Arrest
Presumption of bail
What is a Crime?
Commonwealth offences
Citizenship
Penalties for Unsafe Flying
Criminal Assets Confiscation Act 2005 (SA),
Search and seizure
Confiscation of assets or profits
Unexplained wealth orders
Forfeiture orders
Criminal Code Act 1995 (Cth),
Modern Slavery Reporting Requirements
Stalking, cyber stalking and cyber bullying
Firearms trafficking - Commonwealth offences
'Sexting' and the production and dissemination of child abuse material
Distribution of invasive images (image-based abuse)
Intensive correction order
Good behaviour bonds
Citizenship
Marriage
Voluntary Assisted Dying Pathway
Prosecution
Criminal Injuries Compensation Act 1978 ,
Victims of Crime Compensation
Making the claim
Criminal Investigation (Covert Operations) Act 2009 (SA),
Lawful authorisation exception
Criminal Investigation (Extraterritorial Offences) Act 1984 ,
Search and seizure
Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007 (SA),
Clamping, impounding, seizure and forfeiture of vehicles
Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Regulations 2022 (SA),
Clamping, impounding, seizure and forfeiture of vehicles
Criminal Law (Forensic Procedures) Act 2007 ,
Powers to search and examine
Taking DNA
Medical examination
Victims and Volunteers DNA samples
Criminal Law (High Risk Offenders) Act 2015 (SA),
Applying for bail
Liability for further detention and supervision
Criminal Law (High Risk Offenders) Regulations 2015 (SA),
Liability for further detention and supervision
Criminal Law Consolidation (General) (Human Remains Reporting) Amendment Regulations 2022 ,
Offences relating to human remains
Criminal Law Consolidation (General) Regulations 2021 (SA),
Assault
Assault causing harm
Other assaults
Causing death or harm by dangerous driving
Unlawful Threats
False or misleading information entered into ECMS (CourtSA)
Assaulting a prescribed emergency worker
Causing death or harm by dangerous driving
Extreme Speed
Criminal Law Consolidation Act 1935 ,
Assisting an offender
Search and seizure
Police arrest procedure
Police security officers, security guards and others
Presumption of bail
Parental rights and duties
Physical punishment
Legal age to babysit
Notification
School Discipline
What is a Crime?
Elements of a Criminal Offence
Minor Indictable Offences
Magistrates Court Diversion Program
What is an aggravated offence?
Common Offences
Assault
Assault causing harm
Other assaults
Causing death or harm by dangerous driving
Choking, suffocation or strangulation in a domestic setting
Female Genital Mutilation (FGM)
Murder
Manslaughter
Offences relating to human remains
Prohibited act involving human biological material
Stalking, cyber stalking and cyber bullying
Unlawful Threats
Arson and property damage
Deception
Dishonest interference with merchandise
Cheating at Gambling
Computer offences
False or misleading information entered into ECMS (CourtSA)
Robbery
Serious criminal trespass
Theft and Receiving
Definitions in relation to theft offences
General deficiency
Using a motor vehicle without consent
Offences against prescribed emergency workers
Assaulting a prescribed emergency worker
Dangerous driving to escape police pursuit
Shooting at a police officer
Affray
Riot
Gatecrashing - trespass at private parties
Weapons
Discharge of firearm to injure, annoy or frighten or damage property
Sexual offences
Encourage use of website dealing with child exploitation material
Host or administer website dealing with child exploitation material
Institutional and out of home care child sexual abuse
Possession of child exploitation material
Possession of child-like sex dolls
Production of child exploitation material
Production of child-like sex dolls
Procuring child to commit indecent act
'Sexting' and the production and dissemination of child abuse material
Sexual offences where the victim has a cognitive impairment (for example an intellectual disability)
Unlawful sexual intercourse
Registration of child sex offenders
Dishonest communication with a child
Criminal neglect
Traffic Offences
Appeals - Breach of Conditions
Causing death or harm by dangerous driving
Causing death or serious harm by careless use of vehicle
Dangerous driving to escape police
Driving while disqualified
Extreme Speed
Offences and Duties after Accidents
Reckless driving causing injury or death
Street Racing
Throwing objects at vehicles
Public transport passenger offences
Clamping, impounding, seizure and forfeiture of vehicles
Sexual Offences
Alternative verdicts in sexual assault cases
Rape
Consent to sexual activity
Compelled sexual manipulation
Indecent assault
Incest
Indeterminate detention
Aggravated offences
Serious and Organised Crime
Participation in criminal organisation
Criminal organisations in public places, prescribed places and prescribed events
Defence of property
Home invasion
Duress
Necessity (duress of circumstance)
Sudden or extraordinary emergency
Intoxication
Mental Impairment
Provocation
Self defence
Serious repeat offenders
Pre-trial special hearings
What types of convictions can be spent?
Liability for further detention and supervision
Criminal Defamation
Marriage
Criminal charges
Assault
Stalking
Abortions
Acquired Immune Deficiency Syndrome (HIV/AIDS)
Care when dying
Voluntary Assisted Dying Pathway
Laws Affecting Prisoners
Contacting prisoners
Escaping
Offences by others
Parole
Claims arising from homicide
Suicide
Criminal Procedure (General) Regulations 2017 (SA),
Pre-Committal Process
Court costs
Criminal Procedure Act 1921 (SA),
Arrest
Intervention Orders and Child Protection Restraining Orders and Notices
General Principles in Criminal Law
Summary Offences
Minor Indictable Offences
Arson and property damage
Paedophile restraint orders
Sexual Offences
Evidence in Sexual Assault Cases
Alibi
Bringing a defendant to Court
Laying a charge
Bringing the defendant to court
First appearance in Court
Indictable Offences
Election
Bringing the person charged to Court
Pre-Committal Process
Committal Process
Charge Determination
Committal Appearance
No Case to Answer
Committal for Sentence
Committal for Trial
Declining to prosecute
The arraignment
Preparing for trial
Prosecutor's reply
Court costs
Appeals
Application to set aside an ex parte conviction
Right of appeal
Appeals against conviction
Appeals against sentence
Liability for further detention and supervision
State Courts
Types of prisoners
Customs Act 1901 (Cth),
Customs officers
Arrest
What is a Crime?
Drug Offences
Presumption of sale
Tobacco and E-cigarettes
Customs Act offences
Importing
Ancilliary offences
Powers of Police and Customs officers
Print this page
Print whole section