MEDIATION PROCESS

Before deciding to take legal action, consider whether mediation may be appropriate. Mediation is a process where both parties agree to sit down in the same room with a mediator to resolve their dispute. The mediator is a neutral third party who ...

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WHAT IS MINOR CIVIL ACTION

A Minor Civil Action is an application about: a small claim, that is, a dispute involving up to $12 000 a neighbourhood dispute matter based on trespass or nuisance a minor statutory proceeding, which includes applications under the following legislation: Fences Act 1975 (SA) ...

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WHEN A CHILD CAN SUE

A child can sue for damages but the court action must be brought by an eligible person, as a litigation guardian for the child. A litigation guardian may initiate an action for a child if a guardian certificate in the prescribed form (Form 26- Guardian Certificate) is filed ...

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DEFINITION OF CIVIL CLAIMS

Please note the new Uniform Civil Court Rules 2020 for legal proceedings in the Magistrates, District and Supreme Courts of South Australia commenced on 18 May 2020. The information in this chapter has been updated to reflect the new rules ...

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LEGAL CONSEQUENCES: JURY SERVICE

Under the Juries Act 1927 (SA) [s 12] a person is disqualified from jury service where that person: has been convicted of an offence carrying the death penalty or life imprisonment as a maximum has been sentenced to imprisonment for more than two years ...

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ELECTION AND VOTING OF PUBLIC OFFICE

A person convicted of a serious offence can be refused the right to hold public office and in some cases is not able to hold the office at all. For example, on conviction of indictable offence, you can not be ...

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DETENTION AND SUPERVISION

Under the Criminal Law (High Risk Offenders) Act 2015 (SA), serious sexual offenders and serious violent offenders may be liable to extended supervision and possibly detention after their term of imprisonment or parole period has expired. The Act does not apply to youth (a person under ...

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EMPLOYMENT OF A CRIMINAL

Many employers will not employ a person with a criminal record, particularly where an offence involves an element of dishonesty. However, the dismissal of an existing employee because of a conviction may give rise to an application for unfair dismissal ...

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DEFINITION OF SPENT CONVICTION

A spent conviction is a conviction that no longer has any effect. Spent convictions do not appear on a police records check and do not have to be disclosed when questions are asked about a person’s criminal history [s 10]. Under the Spent ...

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HOW TO GET A COPY OF CRIMINAL RECORD

A National Police Certificate (NPC), often referred to as a 'police check', provides a national summary of an individual's disclosable offender history. It is generally requested by organisations as one part of the process to ensure the integrity of staff or volunteers. ...

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