AUSTRALIAN LAW is divided into three parts: criminal law, civil law and administrative law.
Criminal law deals with offences involving theft, fraud, criminal damage, assault and causing serious harm.
Civil law deals specifically with the relationship between the individual and the law, such as custody and support arrangements, child support, and child custody orders.
Administrative law deals directly with the operation of laws and processes, such in the administration of the commonwealth.
While civil law is the legal system for Australian citizens, it also has a number of provisions relating to matters like inheritance, inheritance taxes and the use of assets.
There are several different ways in which Australian law deals, so you should check your laws to see if any of these relate to your situation.
Criminal Law Criminal law In Australian law, there are three types of offences: first-degree murder (also known as aggravated murder), first- and second-degree manslaughter, and murder in the first degree.
The definition of a first- or second- degree murder is different from the definition in other jurisdictions.
First-degree murders are defined as those committed in circumstances where the defendant “acted with deliberate and premeditated indifference” to the death of the victim.
A first- degree murderer is someone who kills with the intention of inflicting severe physical or mental pain on the victim, or in the case of the former, the intent to inflict “excruciating and protracted” pain.
Second-degree murderers are those who kill with the intent of causing serious bodily harm to the victim or to a third person, or with the “premeditated intent” to inflict death or grievous bodily harm on a third or more persons.
The offences of murder in this category are similar to those of first-degree murder, except that they include “others” as a defence.
The law also has specific offences for those who murder a person and for those involved in the commission of other offences.
For example, if you kill someone because you know they have stolen money from you or they have committed an offence, you can be charged with murder in relation to that offence.
The laws surrounding these offences also differ significantly from those of other jurisdictions, so if you’re facing one of these charges, it’s worth knowing the laws before you commit the act.
For more information, read our guide to murder.
Civil Law Civil law also deals with matters that are in the domain of the law itself.
For instance, it deals with disputes between two parties who are engaged in a contract, such the sale of land, or whether a lease of a property is valid.
Civil cases can also be dealt with by courts, as well as the courts and tribunals.
Civil and criminal cases can be decided in the same way.
For information about these and other aspects of Australian law and your rights, read out our guide on how to find out if you are in a civil or criminal case.
Administrative Law Administrative law is different to criminal law in that it deals only with matters which are within the control of a court, such courts include the Administrative Appeals Tribunal and the Administrative Court of Victoria.
This means that the laws are designed to deal with matters of law that are outside the purview of the courts.
For further information, see our guide outlining the differences between civil and criminal law.
Legal Aid Legal aid is the term used to describe legal assistance provided to those who are unable to afford the legal fees required to pursue their case in the court system.
Legal aid includes a range of legal advice and advice from third parties, as they are referred to as advisers and/or consultants.
This may include, for example, a solicitor who is licensed to practise law in the Commonwealth, a professional counselling service, a debt recovery service, or an organisation such as the Legal Aid Council Victoria.
If you are receiving legal aid and would like to find a lawyer or a counsellor to assist you, call 1300 13 13.
If the advice you receive is not satisfactory, you may contact your local court, and if you need legal advice on a particular matter, you will need to call the appropriate court in your jurisdiction.
Criminal Legal Assistance (CLAS) In 2018, there were around 10,000 criminal justice agencies and about 13,000 court practitioners across Australia.
The CLAS process involves the provision of criminal legal advice, legal assistance in relation in some cases to the prosecution of someone who has committed an act of violence.
This is provided by a lawyer, solicitor, or a professional counseller, who will provide you with a criminal legal opinion and help you to decide whether or not to proceed with an investigation.
The legal assistance is usually provided by lawyers and other professionals from the law profession, who may also provide advice to other victims and witnesses, and to the media.
If a person is charged with an offence and has not yet been sentenced, they may be referred to the