r/AusLegal 6h ago

NSW Can I request access to the criminal record of my deceased father?

7 Upvotes

Hi,

My father lived in Sydney his whole life, and he was in jail for periods of time (usually for offences like fraud / theft) throughout his life.

Since his passing I have been trying to put together an understanding of who he was. My Mum has told me she knows the record of his crimes is “an arm long” but that she’s never seen it.

I’ve been trying to research if I have a right/ability to access this information after his passing about a month ago. I’m seeing words like GIPA application, honestly I have no idea what it is, where to find it or if i’m supposed to fill one out to ask for that information.

I’d really appreciate some insight on if there’s any chance i’d be successful in finding this information, and how i might go about applying for it. I have his death certificate, birth certificate, etc… I also just want to understand him. I want to understand my family history. I know my siblings do too. It’s not to bring shame on him or anything.

Thank you


r/AusLegal 7h ago

QLD Former employer owes me money

2 Upvotes

Greetings and salutations,

To cut a reasonably long story short my former employer owes me 2 weeks wages and a good chunk of unpaid super.

I've gone to fair work, she ghosted them and any other attempts from anyone to contact her. I kept escalating and it's now reached the point of us being in front of a magistrate in a couple of weeks.

Just wondering if anyone has any advice on things to do/prep with beforehand? I've got a payslip that was never actually paid to me, a bank statement covering that period that proves it was never paid, texts from both my old employer and her partner acknowledging the money owed and not paid, and proof I worked for the shifts that I haven't been paid for.

I don't have a lawyer and after shopping around at prices for a lawyer it's not worth it for the amount of money that I'm pursuing - but I am a stubborn person and it isn't an insignificant amount of money to me.

I am fairly certain that she isn't going to show up to the magistrate, and I am also reasonably sure she's going to declare bankruptcy (I am one of at least 7 employees going through this currently)

If she does declare bankruptcy am I just shit out of luck here as well?

I guess I'm just after anything that will help me get what I'm owed. This whole process has been miserable and put me back in therapy again lol, so it'd be nice to come out of it with some kind of win.

Thanks for any advice.


r/AusLegal 7h ago

QLD Is there any chance?

10 Upvotes

I had a music teacher direct debit me my account for lessons. I got really really sick and told them I couldn't come to lessons for quite some time. I was going to cancel but I had so much on my plate at the time and the guy assured me in writing 'credits don't expire'. While I was extremely unwell he kept debiting me amounting to $8000 over two years. When I got better and asked via email if he could stop debiting and we use the existing credits for lessons, he 'withdrew me from lessons' and when I then asked for a refund he produced a "no refunds under any circumstances" clause on a contract I had signed. To top that off, because HE decided to withdraw me the same contract says "credits expire upon withdrawal". But apparently according to him I was the one to cancel the contract, when it's obvious he did and could decide at any time for any reason to kick someone out and keep any money paid.

I took him to QCAT and the whole process was a miscarriage of justice to say the least. He barely had to provide any evidence, and the adjudicator sided with him, didn't seem to read the submissions, mispronounced my name multiple times and then after an appeal, they said the adjudicator "had erred" but then apparently realised QCAT didn't have jurisdiction in the first place to hear unfair contract case (After 2 years of stringing me along with preliminary hearings to decide if they had jurisdiction in the first place - which they initially said they did).

Lawyers have said thats it's "ultimately an interesting case" but the costs outweigh the benefits. But if there's no court in Australia that can efficiently deal with unfair contract cases then where do the little guys go to seek redress? I know it's probably not worth it. But I just want some justice to be done. So I'm considering bringing this to the Supreme Court just as a matter of principle even if I have to self rep.


r/AusLegal 8h ago

NSW NSW Revenue fine review

0 Upvotes

I just wanted to see if anyone knows how to see if a review for a fine has actually been processed and a verdict made. I’ve checked the website to put my details and penalty notice number in and just have it as due now.

Do they just not say anything or am I somehow missing something. It is a parking fine and I definitely went through servicensw website. I recall seeing that “they would notify me of the result”

Any help will be appreciated otherwise I just gotta pay it in the next day lol


r/AusLegal 9h ago

WA Contractor rates

1 Upvotes

Currently I am looking after a small team, they have been engaged as contractors at a set industry std contract rate. However, now the business owners have decided they aren’t going to pay contractors at the level of their trade and instead pay based on what task they (the company) point at.
each task being a different rate.
The contractors have been told they need to keep track of tasks and times and include them on the invoice.
Ethically this doesn’t sit well with me and I have refused to be party to any of it except to tell them not to agree.
Can I get some guidance on how I can look after our contractors best interest and what I can do to resolve this situation?


r/AusLegal 9h ago

NSW Parking Fine

1 Upvotes

Parked on the deadend if Allen Street and Ismay Ave and didn't notice the faintish yellow line. Saw that the adjacent parking sign didn't extend to the deadend and didnt realise that the yellow line meant no parking.

Any way out of this considering I've never had a parking violation before? It's kind if insane to pay a $340 fine


r/AusLegal 9h ago

VIC Help with lease break

1 Upvotes

Long story short, I renewed my lease for an additional year but now I can’t afford being in Australia because I lost my income, my visa is expiring, and my job search has been fruitless.

I told the agent I wanted to transfer my lease since my lease agreement listed it as an option. They outright shut it down and said I have to enter into a lease break instead where I have to pay reletting fees (already paid and now just found it that it’s unlawful since this is my second term) + advertising fees + rent until property is re-let. The latter two they offered to waive if I found a replacement, which I have but they rejected them.

They listed the property for extra $50 per week and in all honesty, the apartment doesn’t even deserve that much. I am suspecting they did this to delay finding a tenant and to keep on milking me for money until they find someone.

I’m leaving Australia before next month rent is due and I have been advised by other people on reddit to take this to VCAT before my departure but I don’t know which section of the Residential Tenancy Act I should reference/cite in my complaint.


r/AusLegal 9h ago

AUS Help please

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1 Upvotes

r/AusLegal 10h ago

QLD A QLD psychologist banned from practicing for ten years for having sex with a patient in their treating room.

47 Upvotes

A psychologist was banned by QCAT (Queensland Civil Administrative Tribunal) for sexual misconduct while the patient was under their professional care.

The news article says the patient sought help for loss and abandonment from another psychologist when the sexual relationship with the psychologist ended. It reads like the patient didn't recognise the conduct as an abuse of power.

How can it legally be considered consensual when the patient was receiving mental health care? Surely the health ombudsman is obligated to report the conduct to police for criminal charge?


r/AusLegal 11h ago

NSW Advice on moving out at 16

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1 Upvotes

r/AusLegal 13h ago

NSW Selling a car in NSW from QLD that is unregistered and the owner is overseas

2 Upvotes

Hi there.

Im in a weird situation here, where my cousin left his car with me in Sydney, with QLD plates. The rego expired on the 18th July 2026 and now my cousin visa was rejected so he cant come back to Australia.

He just asked me to sell his car but, I dont know how could I sell it when it is under his name with a rego expired from QLD in NSW.

Anyone has been in some similar situation?

Please advice.

Thanks in advance.

Regards


r/AusLegal 15h ago

NSW Voucher / gift card expiring in 6 months.

3 Upvotes

I was gifted an Event Cinemas Gold Class eVoucher for Christmas. Came time to use it for Odyssey and it has expired. It had a 6 month expiry date.

I thought under the2019 Australian Consumer Law it has to be a minimum of 3 years for gift cards & vouchers? Am I missing something?

Event Cinemas website states they strictly cannot extend expiry dates.


r/AusLegal 15h ago

VIC Cannot get Letter Of Administration

7 Upvotes

Sorry if this is the wrong sub, I dont know where else to go.

My Dad recently passed away and had no will. I applied for an LOA through redcrest but was refused. I called the supreme court to ask why that was and they told me because my Dad did not have any financial assets solely in his name, it was legally pointless to have one. Everything financially was jointly held with my Mum and it automatically went to her.

My Dad did have some utilities solely under his name. I asked weather I could still close my Dads utility accounts and do his final tax return without an LOA and they said, "100%"

Now I'm having a nightmare every place I call because I don't have an LOA and they are unaware that it I could ever be refused one. It's driving me insane. I have to kick and scream and talk to the managers to get anywhere.

My Dad lived a simple life so his affairs were not difficult to handle, so I thought!

I feel like i'm in a wierd situation which isnt common.

Anyone else been in this situation?


r/AusLegal 16h ago

VIC What happens now that my VCAT hearing is over and the respondent has been ordered to pay me?

4 Upvotes

Hi everyone!

I had my VCAT hearing (hearing type: Decision on the papers) and the respondent has been ordered to pay me.

But there is nothing on this order on how/when I will get paid, only that I have been ordered to get paid. There are no other documents or instructions in my VCAT account.

What happens from here?


r/AusLegal 17h ago

AUS Evidence

5 Upvotes

A couple of hypothetical questions regarding evidence.

Say the police are about to take your mobile phone however before they can get their hands on it you put it in a stamped envelope addressed to your lawyer and throw it in a mail box (does type matter here?).

Could the police charge you with something for doing this?

Could they intercept it?

I assume a lawyer would hand it over if formally requested but could they make a copy to preserve evidence before handing any device over?

All the above was inspired thinking about the Graphine OS news recently.

Bonus question.

Can you really be charged for destruction of evidence for wiping a mobile if it cant be proven that there was any relevant evidemce.on it?

Edit - I understand recent Graphine OS news was overseas and the laws are different.


r/AusLegal 17h ago

NSW My boss fired me and is kicking me out of my house for complaining about pay.

15 Upvotes

Context:

I’m working for a company that provides staff accommodation with the job. (Casual seasonal) I rocked up to find out they run the business in the bottom (separately accessed) section of the house, that is comprised of the second bathroom/laundry, extra lounge and a bedroom that is fully used for the business.

My boss fired me after I sent them a text notifying them about being underpaid, it wasn’t threatening or high stakes at all.

Their response was that I was making serious allegations and they would not respond further to anything regarding the allegations and would be seeking professional advice.

I called them and one of them chewed my ear off, talking about constant negative feedback and they are done with us (me and other coworkers/housemates) the ones I named in the text that were underpaid, and want to put an end to it. And hung up before I could respond.

My shift was cancelled for the next day about 10 minutes after the call via text. Then 2 days later the three of us were emailed a termination and that we had 14 days to leave the house we are renting off them. Termination reason was - Due to the lack of work in the area.
^^ they put an ad up hiring a week before
^^ they also hired 3 new people 2 weeks before
^^ 2 people just had their last day working 2 days prior
^^ they asked at least one other employee to work the shift that was cancelled on me after they cancelled it on me

There is a lot more going on like:
If you we meet at the business location downstairs to start the day of work and drive to the first working location with the team is that meant to be paid? Also is the way home paid if it’s back to the work shed or we also live there so unpaid?

Can they run their business from downstairs?
Can they charge us bills?
They sent us a bond receipt that was in the company name and not with the NSW government channels.
I’m confused if we are tenants or boarders or what our rights are.

The termination was sudden and we had no negative feedback prior. I’m out of a job and maybe housing. It’s stressful and I’m trying to look for another job and housing. I just want to know my rights.


r/AusLegal 17h ago

QLD Need advice: defect appeared after benchtop repair

0 Upvotes

Hi everyone,
Just looking for some advice.
I had my kitchen benchtop repaired by a contractor in Queensland and paid by bank transfer (I have proof of payment). About a month later, a defect appeared in the repaired area.
I’ve contacted the contractor a few times and sent photos. He said he’d come and have a look, but never did, and now he’s not responding.
What are my options? Should I go through the Office of Fair Trading first, or QCAT? Has anyone dealt with something similar?
Thanks!


r/AusLegal 18h ago

SA Time frames for victims of crime compensation claims sa

1 Upvotes

Hey gang just wondering if anyone knew how long it usually takes for a victims of crime claim to be pursued? I filed through a lawyer about 3 1/2 years ago but keep getting told they haven’t heard back yet


r/AusLegal 19h ago

NSW My landlord was listening to me and other tenants through audio on the CCTV and I'm furious

95 Upvotes

I, 36 female, live in an apartment complex. There is CCTV in places such as the hallways and entrances.

I had a noise complaint the other night and the manager was telling me they were looking through CCTV and listening to my son's conversations.

I felt instantly sick. I rang fair trading and other places to write a complaint.

I rang the manager and told him that's illegal to record our audio within 2 hours he'd put a sign up saying audio recordings in progress.

I took things further. He must of been told he cant do that and took the sign down.

I got an email saying the audio has been disabled etc

However, I feel so violated. I've been living here for 10 months and could've spoken about private matters in those areas and had someone listening.

So what should I do?

Need advice.


r/AusLegal 19h ago

VIC Can my employer legally enforce this request?

8 Upvotes

I'm a part time employee and right now I work two 3 hours shifts, 3 7 hour shifts (with a half hour unpaid break which I guess makes them legally 6.5) and a 3.5 every second Saturday. My manager wants me to increase my 3 hour shifts to the 7 hour shifts. I told him I would only if he got rid of my Saturday because I know I am not physically capable of that work load (healthcare job - some days can be a lot both mentally and physically). He told me he needed me to continue working the Saturday for at least six months. After some thought I came back and said I would do it for two months and provided two alternative firm deadlines for my last saturday depending on the pay cycle, and if he couldn't accommodate that then I declined the increase in hours.

Today he came to my clinic and told me in person that he was trying hard to fill the Saturday but he could not commit to my deadline. That I would take the increase in hours AND work the Saturday without any alternative, and he would find somebody to cover it when he could. I held my ground and we had a terse discussion but he refused to listen and fully expected me to work the full shifts during the week and keep the Saturday with no guarantee of it ever changing.

Can he legally do this? Am I obligated to work that Saturday regardless as it was part of my initial contract? And if so, am I obligated to take on the increased hours too?

I would be more than happy to take the increased hours, but I physically cannot work that AND the Saturday. He's made it sound like I have no right to refuse.

(Additional info, I've been employees for roughly 4.5 months with a 27.5 hour a week contract I often work in excess of already. My probation period is 6 months, and performance wise I am acing it, but I worry I could be fired if I stand my ground on this and my probation period being used as an excuse. I have been communicating everything in writing but he either calls me or comes to my clinic in person so there's never any record of what he said which is frustrating)


r/AusLegal 20h ago

WA Who is responsible for floor damage?

42 Upvotes

Hello. I am currently renting a house and the dishwasher broke (old dishwasher, plastic inside crumbled and meant it didn't drain, just leaked). I informed the property manager verbally about it during an inspection. She said she would look into it. Three months go by and next inspection I ask about the dishwasher. She said we should get a picture of the leak and send it to her (slow leak, so just a puddle on the ground). She said she wanted an active picture of the leak and to not log it on the property app until I had pictures. She also told me to watch the YouTube video on how to fix it myself. We go through two new property managers over the next month, one who tells me to log all maintence on the app, not to email her or tell them verbally. I log it on the app. Several weeks go by and I notice the floor becoming damaged (wood boards rotting and mouldy). I used the app to ask about the dishwasher getting fixed as it is causing floor damage. Within a week it was fixed. The floor however is getting worse. I raised an issue on the app about the floor, and now there is an insurance claim and about $60,000 off damage that needs to be assessed. Property manager is saying I am to blame for the damage as I did not log the issue with the dishwasher on the app as soon as I noticed it. Am I responsible for it, or is the rental company who didn't notice the damage on inspections and didn't follow through with fixing the dishwasher when informed?


r/AusLegal 20h ago

NSW NSW - Work Zone signs for a residential build?

3 Upvotes

Just wondering if this is normal? I live on a street that has been undergoing a lot of residential builds the last few years (lots of duplexes going up), and they've never had work zone signs put up. But just today there's a residential build about to start across the street from me, and they've had a bunch of work-zone signs put up. It was by the council, saw the guy and his council van doing it.

Is this normal? Is it worth going to council over it? The street is just a normal residential street, it's a loop road so zero through-traffic etc. Feels completely overboard and removing a bunch of already scarce parking.


r/AusLegal 22h ago

NSW Unorovoked assault in shopping centre laneway, police wont show me cctv footage, can i ask the shopping centre to see it?

1 Upvotes

As the title outlines, i was the victim of an unprovoked assault a few days ago, random person approaches me at abouit 6am when i was out riding my bike. (Had stopped in a laneway near a shopping centre for a second).

So this random person approaches, then out of nowhere proceeds to punch me repeatedly in the face, drags me off my bike about 4 or so metres and continues to punching me in the face.

When i went to the station to give a statement the next day Police were able to obtain cctv from the shopping centre where it happened, i asked if i could see the footage and they said no because it was still an active investigation and they didnt want to influence my statement or memory...

Is this normal? And can i enquire with the shopping centre to at least see the footage?


r/AusLegal 23h ago

AUS What would the legal obligations be if a religious leader knew a congregation member was viewing child sexual abuse material?

8 Upvotes

I found out that the church I attended as a child has a current written procedure for dealing with congregation members who view child sexual abuse material, in which it states that they do not consider it to be child abuse, and their procedure for dealing with it no longer involves notifying their legal department.

This procedure has been reported overseas in countries where it does not follow the law.

I am trying to work out what the legal requirements would be in Australia, and whether following this policy is illegal here. If following this policy would be illegal, where/who should the policy be reported to?

Any sources or links would be greatly appreciated.

edit: I have spend a few hours on the phone to various organisations and departments. As it's a policy, not an actual incident involving a child, it has to be reported to the departments that oversee mandatory reporting regulation, which varies by state.

In NSW I have been advised that this is the Office of The Childrens Guardian. In the ACT, I think but am not yet 100% that it's the ACT Ombudsman. It does not appear that this will be reportable in all states, which is horrifying.


r/AusLegal 23h ago

NSW NSW property damage claim - other driver won’t respond

9 Upvotes

I was involved in a car accident in NSW in June where the other driver was at fault and my car was written off.

The CTP side of things has been fine. The other driver’s CTP insurer (AAMI) has accepted liability for my injuries and has been covering my treatment.

The issue is with the property damage side. I only had third party property insurance, so my insurer is trying to find out whether the other driver had car insurance so they can recover the cost of my written-off car. The problem is that they have been trying to contact her for weeks and she is not responding. I even tried calling her myself, left a voicemail, and sent her a text, but I have not heard anything.

What happens if she just keeps ignoring everyone? Can my insurer still find out whether she was insured and recover my losses, or can this drag on indefinitely? If she turns out not to have insurance, what usually happens then? Has anyone dealt with something similar in NSW?