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 ( 2012 )  Cite this report

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A1: LAW Survey instrument and glossary

Download Appendix A1: LAW Survey instrument [PDF, 0.5 MB]

LAW Survey glossary

Word/phrase Question/s in survey Definition
Bankruptcy P17 The legal situation of someone who is unable to pay their debts.
Bond P6, P7 Money deposited by a tenant as a security against failure to comply with any terms or conditions in a rental agreement.
Breach P12 The failure to perform an obligation under a contract or agreement. For example, the failure to comply with the specific administrative or activity requirements of receiving a government payment, which may result in the payment being cut.
Care protection order or assessment P27.2, P28 An order or assessment related to the care and protection of a child or young person. Such orders or assessments may result from the suspected neglect or abuse of the child or young person. Care protection orders are usually administered by a government child welfare authority.
Child welfare authority P27.2, P28, A1, A10.1 A Government body set up in each state and territory to help protect and care for children and young people. For example, Department of/for:
• Child Safety (ChildSafe) (QLD)
• Child Protection (DCP) (WA)
• Education and Children’s Services (DECS) (SA)
• Communities (DFC) (WA)
• Community Services (DOCS) (NSW)
• Disability, Housing and Community Services (DHCS) (ACT)
• Families (SA)
• Families and Communities (DFC) (SA)
• Family and Community Services (FACSIA) (Commonwealth)
• Health and Community Services (DHCS) (NT)
• Health and Human Services (DHHS) (TAS)
• Human Services (DHS) (VIC)
Common property P8 Property that is accessible or shared by residents in a residential facility. For example, parking lots, laundries and other amenities.
Community service order P37.1 A court order requiring a person who has been convicted of an offence to perform community service.
Conciliation A8, A23.2, A28.1, A35 A formal process where two parties in a dispute meet face to face with a conciliator with the aim of reaching an agreement. The conciliator’s role is to advise on or determine the process of conciliation, and to make suggestions for terms of settlement.
Creditor P16.2 A person to whom a debt must be paid.
Credit rating P16.4 An assessment of the likelihood that a borrower will be able to meet his or her financial obligations.
Custody P27.3, P28 The legal responsibility for the day-to-day care of a child.
Deceased estate P25.1 The property of a deceased person.
Discrimination P2 Unequal treatment of persons based on marital status, age, sex, sexual orientation, religion, ethnicity, race, disability etc.
Dispute resolution A8, A23.2, A28.1, A35 The settlement of a conflict between parties using a range of techniques, including processes that occur inside and outside courtrooms.
Eviction P6, P7, A2 The process of removing a tenant from a rental property for failing to comply with the rental agreement.
Executor P25.1, A1 The person who has the duty of carrying out the provisions of a will.
Fraud P12 An intentional dishonest act done with the purpose of deceiving others to get some benefit at the expense or disadvantage of others. For example, knowingly giving false or misleading information to get a government payment to which you are not entitled.
Freedom of information request P31.2 Making an application for access to information held by a public authority under the Freedom of Information Act.
Guaranteeing a loan P16.1 A legally binding promise to repay a loan if the borrower is unable to pay the loan.
Guardianship P26 A person who has the right and duty to protect another person, their property and their rights.
Harassment P1.6, P3.3, P34 Any inappropriate and unwanted action or behaviour that is objectionable or may offend, humiliate, intimidate, frighten or make someone uncomfortable.
Hire purchase agreement P16.1 A method of acquiring goods by installment payments.
Litigation P14.2 The conduct of a lawsuit before a court.
Managed funds P16.3 A mixed fund of various investments (e.g. stocks, shares, government securities, property) managed by a fund manager.
Mediation A8, A23.2, A28.1, A35 A formal process where two parties in a dispute meet face to face with a mediator with the aim of reaching an agreement. The mediator facilitates discussion, but has no advisory or determinative role about the content of the dispute or its outcome.
Mortgage default P4.1, P15.1 Failure to keep up to date with repayment obligations for a loan.
Ombudsman A10, A10.1, A28.1, A35 A public official appointed to investigate citizens’ complaints against the administrative agencies of government.
Out-of-home care D31 Any residential care and control of a child or young person in any place other than the usual home, by any person other than a parent or relative. For example, foster care, state care, children’s home, an orphanage, shelter and residential facilities, detention centres, respite services etc.
Owner’s body/owner’s corporation/ body corporate/strata corporation/ strata company A1, P8 The governing body of a block of home units, flats, apartments, etc, consisting of the owners or their representatives.
Penalty/infringement notice P37 A notice or ticket issued to an individual by a government authority for breaking a law.
Power of attorney P25.2, A1 A legal document that gives someone the power to act on behalf of another person for certain matters, such as legal or financial matters.
Probate P25.1 The acceptance by the Probate Division of the Supreme Court that a deceased’s will is valid.
Public housing authority P6, D7.1, A1 A government agency administering government owned housing, including public, Aboriginal and social housing.
Redundancy P1.1 The termination of an employee’s employment on the grounds that the employer does not need the employee’s work.
Repossession P4.1, P15.1 A creditor taking possession of something that is the subject of a contract, once the contract has been broken. For example, a bank taking possession of a person’s home when the person is unable to pay their home loan.
Rights of way or access P4.3, P15.3 A right to pass over public or private land.
Settlement P4.3, P15.3 The finalising of the sale of real estate.
Spouse/partner maintenance P30.2 A financial benefit paid by one spouse to the other.
Sub-letting P6, P7, P13 A method of transferring some or all of a tenant’s legal interest in a rented property to another person.
Title P4.3, P15.3 Ownership rights over property.
Tribunal A7, A7.1, A10, A10.1, A23.1, A28.1, A35 A decision-making body established under legislation dealing with specialised areas of law. Tribunals are less formal than courts, but are still able to affect the legal rights of a person.
Trustee P25.1, A1 A person who holds assets for the benefit of another person.
Trust P16.3 Where a person holds the title of property or assets for the benefit of another.