Legal advice
One of the reasons we have such a wonderful lifestyle in Australia is due to our representative democracy, the separation of powers, and our respect for the rule of law. We have a lot of laws in Australia and as a result, society runs smoothly.
In being granted a visa to study in Australia, you signed a document (Australian Values Statement Temporary) agreeing to respect Australian values and obey the laws of Australia for the duration of your stay. Failure to comply with the laws of this land (including State and Territory laws) could result in a fine or the cancellation of your visa and possible deportation back home. If you are convicted of a serious crime, it could result in imprisonment. Nobody wants this to happen!
You can find a comprehensive outline of Australian laws online.
Your rights
Your most basic right is to be considered innocent until proven guilty in court. If you are arrested, you need not answer any police questions or make any statement- unless it is a traffic offence. Nor are you obliged to hand over your passport.
Police
If you are arrested, the police should allow you to make one phone call. You also have a right to ask for bail. The police cannot threaten or injure you, or force you to go with them unless it is an arrest. It is wise to cooperate with the police; if you remain polite and calm, you can explain the position clearly.
Do not attempt to bribe anyone, especially a policeman.
Purchasing
Make sure you understand any agreement you make when you sign for purchases including coupons you cut out from magazines, any hire-purchases or rentals.
Remember to always ask for a receipt for any payment made!
Child Protection Laws
In Australia, child protection is the responsibility of the community services departments in each State and Territory. Departments are responsible for the protection of children who have been abused or neglected, or whose parents cannot provide adequate care or protection for them. Information about the States and Territories responsible for protecting children is provided by the National Child Protection Clearinghouse.
On-campus legal advice
Legal Aid ACT
Legal Aid ACT provides a face-to-face legal information and referrals service for students with criminal, family and civil matters at 1C157 every Tuesday and Wednesday from 9:30am to 4pm. The service also offers a free over-the-phone advice.
Drop in or make an appointment by contating wellbeing@canberra.edu.au
Email: legalaidACT@org.au
Phone: 02 6243 3431
Legal Aid ACT Helpline: 1300 654 314
Learn more on the Legal Aid ACT website.
UC's Health-Justice legal advice clinic
UC's Health-Justice legal advice clinic is open for appointments on Tuesdays in the Multi-Faith Centre, Building 1, 1C104. The clinic is run by lawyers and supported by students who are gaining legal practice experience towards their legal qualification. The service is free, confidential and open to UC students and anyone in the community who may be experiencing legal issues around employment, discrimination, housing, immigration or other areas of concern.
Appointments can be made through reception at the Medical & Counselling Centre - 6201 2351.
Free and confidential legal advice services in the ACT
Legal Aid:
The Legal Aid Commission of the Australian Capital Territory (ACT) is established under the Legal Aid Act 1977. The aim of the Commission is to work to inform people of their legal rights and obligations and to improve their access to the justice system. The ACT Legal Aid Office is able to provide one free consultation to students. Appointments can be made through the International Student Adviser. The Legal Aid office may not represent you in Court but you will receive free advice on what to do about your matter.
Main Office:
Main Office Address: 2 Allsop Street, Canberra ACT 2601
Postal Address: GPO Box 512 Canberra ACT 2601
Phone: 1300 654 314
E-mail: civil@legalaidact.org.au
Website: Legal Aid ACT
Legal Aid ACT has a free lawyer at the Student Centre (building 1) on Tuesdays and Thursdays. Please call Legal Aid ACT to make an appointment.
Legal Aid Helpline
Help with legal problems is available through the Legal Aid Helpline on 1300 654 314 from 9 a.m. to 4 p.m., Monday to Friday.
On-campus legal advice
Legal Aid ACT provides a face-to-face legal information and referrals service for students with criminal, family and civil matters at 1C157 every Tuesday and Wednesday from 9:30am to 4pm. The service also offers a free over-the-phone advice.
Drop in or make an appointment by contating studentwellbeing@canberra.edu.au
Email: legalaidACT@org.au
Phone: 02 6243 3431
Legal Aid ACT Helpline: 1300 654 314
Learn more on the Legal Aid ACT website.
Domestic Violence and Personal Protection Order Unit
The Domestic Violence and Personal Protection Order Unit is located at the Magistrates Court. Telephone (02) 6207 1874 for information and appointments.
Youth Law Centre
The Youth Law Centre (YLC) is a free and confidential legal advice and referral service for young people aged between 12 - 25. The Centre operates a drop-in centre in Civic which is open each weekday afternoon between 9am-5pm. The YLC also provides assistance over the phone and by e-mail.
The YLC provides one-off advice and assistance in a wide range of areas, including:
- car accidents
- consumer issues
- debt
- residential tenancy
- criminal matters
- traffic offences
- employment and apprenticeships
- discrimination, and
- protection orders.
Opening hours: 9am-5pm, Monday to Friday
Address: 2 Allsop Street, Canberra ACT 2601
Ph: (02) 6173 5410
Email: ylc@legalaidact.org.au
Website: www.legalaidact.org.au/what-we-do/youth-law-centre
Other helpful Links:
Office for Children, Youth and Family Support
The Office for Children, Youth and Family Support works in partnership with the community to provide care and protection services to children and young people, and family and community support to meet the needs of the people of Canberra. In addition, the Office is responsible for youth justice services and the monitoring and licensing of children's services.
The Office for Children, Youth and Family Support contracts a range of services from the non-government sector to meet the needs of young people. These services include:
- Youth Centres
- Youth Support Services
- Youth development programs and
- Youth Plan and Sector development
Care and Protection services are responsible for facilitating coordination across government for the care and protection of children and young people. Care and Protection services include three Regional Offices and an After Hours service, who provide a continuum of service delivery to children and young people considered 'at risk' of serious harm.
Ph: 1300 653 227
Website: Department of Social Services
ACT Law Society
The ACT Law Society can help by providing referrals to local law firms with expertise in a particular area of law, or to lawyers who speak a particular language. We can also refer callers to local free or low cost legal services. The ACT Law Society is not a legal service and cannot provide legal advice. We have information about other options on our website at https://www.actlawsociety.asn.au/for-the-public/legal-help.
We also administer the ACT Pro Bono Clearing House, which matches people and organisations in genuine need of pro bono legal assistance with either a law firm or a Community Legal Centre able to provide that assistance. Please note that the Pro Bono Clearing House does not deal with Family Law matters.
Other non-profit legal services in the ACT
- Consumer Law Centre; phone 02 6257 1788
- Disability Discrimination Legal Service; phone 02 6247 2018
- Night Time Legal Advice Service; phone 02 6247 2177 or 1800 445 665 (outside Canberra)
- Tenants Advice Service; phone 02 6247 2011
- Welfare Rights and Legal Centre; phone 02 6247 2177
- Women's Legal Centre ACT & Region; phone 02 6257 4499 or 1800 634 669
- Fair Work Ombudsman; phone 1300 724 200
The Australian Government wants to ensure that the rights of overseas students studying in Australia are protected. Australia has laws to promote quality education and consumer protection for our overseas students. Together these laws are known as the ESOS Framework and they include:
- The Education Services for Overseas Students (ESOS) Act 2000; and
- The Education Services for Overseas Students (ESOS) Regulations 2001; and
- National Code of Practice for Providers of Education and Training to Overseas Students 2018 – these standards set out the obligations on registered providers in delivering education and training to overseas students.
To access the above three ESOS Framework legislation, please refer to the Federal Register of Legislation's website.
University's responsibilities:
The Universityof Canberra's policy library sets out the key documents for grounds and procedure for students' change in enrolment status, fees issues, general and academic conduct and course progress. The University is required to report international students who breach their student visa conditions.
The University of Canberra's International Student Fee Policy outlines sets out the University of Canberra's requirements for charging, collecting and refunding international student fees.
Information provided by students may be made available to Commonwealth and State agencies as required by the ESOS Act and related legislation. You have the right to gain access to your personal information held by the University. For further information please refer to the University's Privacy Policy.
The University's Student Central, located in Building 1 is your 'one-stop-shop' for guidance on international administrative matters.
Students' rights & responsibilities:
The University of Canberra Student Charter sets out the main rights & responsibilities of students within the University context. All students are required to comply with the University's relevant policies and procedures. If you hold a student visa, you should also be aware of the following:
- You are required to finish your studies by the end date on your Confirmation of Enrolment (CoE). The University can only extend the enrolment of your course if you have reasonable grounds; and
- You must hold a valid visa at all times in Australia. Remember to renew your visa if it is about to expire; and
- You must adhere to the conditions of your student visa, including those related to work limitations, health insurance requirements, course progress and notifying the University of any changes to your address and contact details.
The Department of Home Affairs (Immigration) requires all international students who will be under 18 years of age when entering Australia on a student visa, to have appropriate accommodation, support and welfare arrangements in place. For broad information about Under-18 student welfare arrangement please visit Immigration's website.
When you apply for a student visa, you will need to provide evidence of one of the following, namely that:
- A parent/legal custodian or relative over 21 years will accompany you as a Student Guardian visa (subclass 590) holder. This person must apply for the Student Guardian visa; or
- You will be living in Australia with a parent/legal custodian or a relative over 21 years. This person must have a visa to remain in Australia for the duration of your student visa or until you turn 18; or
- The University has approved your care arrangements and hence issued a Confirmation of Appropriate Accommodation and Welfare (CAAW) letter.
In all instances, applicants to the University of Canberra must complete the Welfare Arrangement Form for Under-18 Students before a Confirmation of Enrolment (CoE) can be issued. This form is provided to applicants when they receive a letter of offer.
UC Approved Care Arrangements:
The University of Canberra will only issue a CAAW letter where the applicant has provided evidence of making guardianship and accommodation arrangements through both:
- The ISA Guardian and Welfare Service, which provides guardianship to students under the age of 18 who may not have any relatives in Australia. Further information on this service and how to apply can be found at www.studentguardians.com.
- The Australian Homestay Network (AHN). See www.homestaynetwork.org/ for more information and to register.
Applicants are not required to finalise these arrangements until they are directed to accept an offer to the University of Canberra. Applicants who have received a Provisional Offer cannot accept their offer until they have passed the University’s Genuine Temporary Entrant (GTE) assessment.
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