If you’ve been a victim of an act of violence that happened in the ACT you may be able to get some financial assistance under the ACT Victims of Crime Financial Assistance Scheme.

1. Who can seek financial assistance?

You can seek financial assistance under the Victims of Crime Financial Assistance Scheme if you are:

• a primary victim — a person who is injured or dies as a direct result of an act of violence;
• related to, or in a relationship with, the primary victim and you are dependent on the primary victim;
• related or in a relationship with the primary victim who has died as a result of the act of violence;
• present when a homicide occurred or are a witness in a homicide criminal investigation and are injured by this; or
• paying for the funeral of the primary victim.

2. What is an act of violence?

To be a primary victim you to have been the victim of an act of violence.

An act of violence is a crime that causes a person’s injury or death. Examples of offences that can cause injury or death include (but are not limited to):

• murder;
• manslaughter
• assault;
• sexual assault;
• robbery;
• stalking;
• family violence offences, which can include:
  • destroying or damaging property;
  • arson;
  • forcible entry onto land;
  • dangerous driving; and
  • contravention of family violence order.

You must report the act of violence to the Police before you submit your application. You may still be able to get financial assistance even if the person who committed the act of violence can’t be identified or has not been charged, convicted or found guilty of the offence.

If you did not report the act of violence to Police you may still be entitled to financial assistance if you are a special reporting class victim.

A special reporting class victim is:

• a victim of a sexual offence; or
• a victim of an offence and the person who committed the offence was in a position of power over that victim (for example, teacher, carer or parent); or
• a victim under the age of 18 when the act of violence happened; or
• someone with impaired physically, psychologically or intellectual capacity; or
• a victim who did not report the act of violence to Police because they were threatened.

A special reporting class victim needs to report the act of violence to two of the following:

• a government agency;
• a doctor;
• a psychologist or counsellor; or
• a social worker.

3. What is considered an injury?

To be the victim of an act of violence you must suffer an injury caused by the violence.

An injury can be a:

• physical injury,
• mental illness; and/or
• mental disorder.

If the injury is caused by a sexual offence or family violence offence, then injury also includes an unplanned pregnancy, a sense of violation, a reduced sense of self-worth and increased fear or feelings of insecurity.

4. Financial Assistance you can seek

However, the maximum amount for financial assistance relating to a family violence offences is $10,833.

5. Ineligibility for financial assistance

You will not be eligible for financial assistance if:

• you plan the act of violence with the offender;
• the act of violence was committed because you were involved with a serious crime;
• you did not give the police reasonable assistance in relation to the act of violence.

You will also have your payment reduced if you receive any associated payments that cover the same harm or loss that the financial assistance would cover.

6. Applications

An application must:

• be in writing;
• include your contact address;
• state the type of payment you are requesting;
• evidence that the act of violence was reported to police.

You should include supporting documentation with the application. This may include:

• medical reports about your injury;
• police statements;
• receipts,
• quotes or invoices for any other money you spent because of the act of violence; and
• your payslips if applying for lost wages.

7. How to apply

Applications are made to Victim Support ACT and decided by the Victims of Crime Commissioner. The application form is available here https://www. victimsupport.act.gov.au/financial-assistance- scheme/new-financial-assistance-scheme-1-july-2016/ applying-for-financial-assistance.

Submit your application to:

8. Time limits

You have three years from the most recent act of violence to apply for financial assistance.

If you were under the age of 18 when the act of violence occurred you have three years from the time you turned 18 to apply.

You must make the application for the funeral expenses payment within 3 years after the death of the Primary Victim.

Where the Commissioner considers it reasonable the time for making an application may be extended.

9. Where can I get more information?

• Call Street Law for help on 6218 7995 or email us on streetlaw@canberracommunitylaw.org.au. We are a free legal service for people in the ACT who are homeless or at risk of homelessness.
• Visit www.victimsupport.act.gov.au

1. When you do not have to disclose a past conviction?

If a conviction of a person is spent
• you don’t have to disclose information about the spent conviction to anyone; and
• a question about your criminal history or a conviction is taken not to refer to any spent conviction, but will still refer to convictions that are not spent; and
• a reference to your character (however expressed) does not allow or require anyone to take the spent conviction into account

2. What is a spent conviction?

In the ACT, a conviction becomes “spent” after 10 years (or 5 years if you were dealt with as a child when you were convicted) of being “crime free”, unless you were sentenced to longer than 6 months imprisonment or convicted of a sexual offence. The period begins to run from the date a sentence of imprisonment is completed, or, where no sentence of imprisonment is imposed, from the date of conviction. If a conviction is “spent” it generally means that you no longer have to disclose to anyone that you have been charged or convicted of that crime. In fact, in the ACT, you may be able to argue that you have been discriminated against if you have been dismissed, treated unfairly or had unfavourable conditions imposed upon you at work because of a spent conviction.

3. When do you still have to disclose a spent conviction?

You may also have to disclose spent convictions if you are applying for a firearms license, applying to be a security guard, to be a casino employee, to be engaged to work with children, or when applying for visas. Some court proceedings will also require you to disclose spent convictions. You should check what offences are required to be disclosed prior to making a statement as to your criminal history.

4. What offences do I have to disclose when applying for a job?

You may sometimes, for example, if you are applying for a job working with children, an adult with a mental or physical disability, an adult who suffers from social or financial hardship, or an adult who has difficulty communicating in English, you may have to apply for registration under the Working with Vulnerable People (Background Checking) Act 2011 (ACT). When applying for registration you must consent to the commissioner checking your criminal history, and you must state whether you have been convicted or found guilty of a relevant offence outside Australia.

If you are registered on the Working with Vulnerable People Register, you must tell the commissioner for fair trading within 10 days after being charged, convicted or found guilty with a relevant offence. It is an offence not to do so and you could be fined up to $8,000.

A “relevant offence” is one that is:
• a sexual offence;
• an offence against the person;
• an offence involving violence;
• an offence involving dishonesty or fraud;
• an offence relating to property;
• an offence involving possession of, or trafficking in, a drug of
• dependence or controlled drug;
• an offence against an animal;
• a driving offence.

5. Where can I seek help?

• Call Street Law on 6218 7900 or drop in. We are a free legal service for people who are homeless or at risk of becoming homeless. If we cannot assist you we will refer you to another service for help.
• Visit the www.humanrights.gov.au for more information.

1. Early access because of a ‘specified compassionate grounds

The law provides for the early release of superannuation where a person can establish one of the following “compassionate grounds”:

1. medical treatment for yourself or your dependant;
2. transport costs for you or your dependant to access medical treatment;
3. mortgage assistance to prevent your bank or lender repossessing or selling your home;
4. modifications to your home and/or motor vehicle to accommodate a severe disability suffered by yourself or a dependant;
5. care for a dependent with a terminal medical condition;
6. funeral expenses for you to pay for expenses associated with a dependant’s death, funeral or burial; or
7. the person is suffering from a terminal illness and requires care.

2. How to apply for early release of super on compassionate grounds

You will need to apply through the Australian Taxation Office (ATO). The application process is a 3 stage process:

1. Apply using the ATO’s online form. The ATO will assess your eligibility for compassionate release of superannuation, which can take up to 14 days. Once your application is assessed, a message will be sent to your myGov inbox with the outcome. If your application is successful, your super fund will be notified.
2. If your application is approved, you must contact your super fund to arrange release of your money. You will need to provide the fund with a copy of the approval letter to process your payment.
3. Pay the expenses you need to pay and keep your receipts.

To access your superannuation early on compassionate grounds you must apply online. If you cannot apply online phone the ATO on 13 10 20.

3. Early access because of severe financial hardship

There are two ways you may be eligible for early access to your super if you are suffering severe financial hardship. You will need to contact your super fund directly to find out their application process.

Type A: To show “severe financial hardship” you must:

To show severe financial hardship you must:

1. have been receiving payments from Centrelink for26 weeks;
2. be receiving Centrelink payments at the time you apply to Centrelink for early access to your superannuation; and
3. be unable to meet “reasonable and immediate family living expenses” (ie you do not have enough money or assets to pay for the basic necessities of everyday living).

Type B: You can also show severe financial hardship if you:

You can show severe financial hardship if you:

1. have reached your “preservation age” (between 55 and 60 years);
2. have been receiving payments from Centrelink for 39 weeks after reaching your preservation age; and
3. are not employed full-time or part-time.

If you are granted early access to your super, you must notify Centrelink.

4. Early access because of terminal illness

You can apply to your superannuation fund for early access to your superannuation if you have a medical condition that is likely to result in your death within the next 24 months. You will need to provide medical evidence from two medical practitioners (one must be a specialist).

5. Early access because of incapacity

You can apply to your superannuation fund for early access to your superannuation if you can demonstrate that you have suffered either:

• permanent incapacity – you have a physical or mental medical condition that is likely to stop you from ever working again in a job you were qualified to do by education, training or experience; or
• temporary incapacity – you are temporarily unable to work, or need to work less hours, because of a physical or mental medical condition.

You will need to provide medical evidence from two medical practitioners (one must be a specialist).

6. Accessing a superannuation balance of less than $200

If the balance of your superannuation account is less than $200, you may be able to apply to your superannuation fund to claim the balance of your account simply because you wish to access it.

7. Departing the country

You can claim all of your superannuation if:

• you are not a permanent resident of Australia (or a citizen of New Zealand); and
• when you visited Australian your visa was temporary; and
• you have left Australia; and
• your visa is no longer valid.

8. Death Benefit

If you are the dependent of a person who has died you may be eligible to receive all or a portion of the deceased person’s superannuation benefit and any life insurance. You should check with the deceased person’s superannuation fund to find out if you were their ‘nominated beneficiary’.

9. Total and Permanent Disability Insurance

Some super funds provide their members with total and permanent disability insurance. This provides you cover if you become totally and permanently disabled. Talk to your super fund to find out whether you have this insurance, the eligibility requirements and how you can make a claim.

Contact Street Law on (02) 6218 7900 for more information.

1. Begging

It is not a crime to beg in a public place in the ACT.

2. Hawking

Generally, a hawker is someone who moves around and sells goods or services out of a vehicle. It is illegal for a person to carry on business as a hawker, if in doing so, the person obstructs the movement of people or vehicles on public unleased land (public territory land like carparks, footpaths and parks). If a person does this, they could be fined up to $4800.

You will generally be required to get a permit to hawk, if your hawking is carried on in a way which excludes members of the public from the place you are selling. If you do not hold a permit you may be fined up to $3200. An exception to this rule applies where you carry on the business of hawking for 30 minutes or less in any location, and each location is 180 meters away from a place selling similar goods or services.

3. Police move-on powers

The police can tell a person to leave a public place if they believe that the person has recently behaved, is behaving, or is likely:

• to behave in a violent or intimidating way,
• to damage property; or
• to engage in conduct that would cause a reasonable person to fear for their safety.

The police can tell the person to stay away from the public place for up to 6 hours, and direct them to leave the public place a particular way.

A person who is told by police to either leave a public place, stay away from a public place or leave in a particular way must do so. If the person does not do what they are told by the police, they may be fined up to $320.

1. Is it illegal to sleep or loiter in a public place?

It is not illegal for you to sleep or loiter in a public place in the ACT. Police do not have the power to move you on if you are not committing an offence, or if the police officer does not reasonably believe you recently have, are, or are likely to engage in violent, intimidating, or other similar conduct.

2. When is it illegal to loiter?

Loitering on at least 2 occasions with the intent to cause apprehension or fear, or to harass a person, constitutes stalking. The maximum penalty for this is 2 years imprisonment, or 5 years imprisonment if it contravenes a court order or you have an offensive weapon on you at the time.

It is illegal to loiter in a public place for the purposes of offering or obtaining commercial sexual services (i.e. prostitution). The maximum penalty for this is $3200.

3. When can the police ask you to move on?

The police can ask you to move on if you are in a public place, and police reasonably believe that you recently have, are, or are likely to:

• Engage in violent conduct,
• Engage in violent conduct,
• Damage property, or
• Engage in conduct that causes a reasonable person to fear for their safety.

Just because someone complains about you, this does not mean the police can tell you to move on.

4. Camping and caravaning

However, in the ACT is it illegal to ‘camp’ or keep a caravan:

• In a lake area at night. The maximum fine for doing so is $4,800.
• On unleased territory land (this basically means public places and roads in the ACT). The maximum fine for doing so is $3200.

5. There are a number of public space offences for which you may be fined:

Examples of these are:

• Fighting in a public place. Maximum penalty $3200.
• Behaving in a riotous, indecent, offensive or insulting manner near, or within the view or hearing of a person in a public place. Maximum penalty $3200.
• Indecent exposure (eg nudity). Maximum penalty $3200, imprisonment for 1 year or both.
• Urinating in a public place (other than in a toilet). Maximum penalty $1600.
• Not moving on, when you are directed to by a police officer (as outlined above). Maximum penalty $320.
• Drinking alcohol, or having an open container of alcohol, in certain public places, such as bus stations, bus interchanges, within 50 metres of bus stations or interchanges, or alcohol free places. Maximum penalty $800.

1. Not illegal to sleep in your car

It is not illegal for you to sleep or live in your car. If you are not causing a disturbance and are legally parked on a public road then the police are NOT required to move you on.

When can you be asked to move on?

If, by sleeping in your car, you are reasonably causing someone to fear for their safety, the police may ask you to move on. For example, if you are parked near a home, and the person inside the home reasonably fears for their safety, then police may request you to find an alternate location, but they do not have to.

2. Camping and caravans

In the ACT is it illegal to ‘camp’ or keep a caravan in the following areas:

• A lake area at night. The maximum fine for doing so is $4,800.
• On unleased territory land (public places and roads in the ACT) without a permit. The maximum fine for doing so is $3200.

3. What would the Police do to help?

If you have to sleep or live in your car, you are experiencing a serious housing problem, Police may see if you need support from one or more services.

4. Where can I seek help?

• Call OneLink on 1800 176 468. This service manages all emergency accommodation in Canberra. The call is free from a landline.
• Call Street Law on 6218 7900 or drop in (21 Barry Drive, Turner). We are a free legal service for people who are experiencing or at risk of homelessness. We can refer you to the right support service.

Drinking alcohol or carrying an open alcohol container is prohibited in or near some public places. The maximum penalty is $800.

1. Public places where it is illegal to drink alcohol

It is an offence to drink alcohol, or have an open container of alcohol:

• at a bus interchange; or
• bus station; or
• light rail stop; or
• Within 50 metres of a bus interchange or station, light rail stop, a shop, or a licenced premises (such as a bar or café selling alcohol); or
• In an area where there are signs saying that it is a permanent or temporary alcohol-free place.

2. Seizure of alcohol in public places

If a police officer or investigator thinks you are drinking alcohol or have an open container of alcohol in one of the places listed above, they can take the alcohol and dispose of it. If they dispose of the alcohol, you cannot be charged with an offence or cautioned.

3. Assumption that drink is alcohol

If you are carrying an open container with a label or mark describing the contents as liquor (for example, if the label says something like ‘2.6% Alc/Vol’) then the police will assume the contents are alcoholic.

4. Permanent alcohol-free places in Canberra

Permanent alcohol-free places are one type of place in the ACT where you are not allowed to drink alcohol or have an open container of alcohol. Permanent alcohol-free places include places in Civic and public skate parks.

Are any defences available?

It is an excuse to urinating in public if it is for a ‘sudden or extraordinary emergency’. This means if you urinate in public in response to circumstances of sudden or extraordinary emergency you won’t be liable for the offence. A sudden or extraordinary emergency includes circumstances where you believe that committing the offence is the only reasonable way to deal with the emergency, and it turns out that it was a reasonable response.

This argument will not work if it simply was not convenient or easy for you to find a public toilet at the time.

1. What is a ‘non-smoking area’ in the ACT?

1.1 Enclosed public places

There are many places that fall into this category: businesses, cinemas or theatres, clubs and hotels, community centres, government premises, nursing homes, libraries, churches, public transport vehicles, restaurants, schools, shopping centres and sporting venues. In general a public place is enclosed if it is covered and 75% or more of the area is enclosed.

1.2 Outdoor eating or drinking places

These are places like restaurants, cafés, food courts, or bars. It is illegal to smoke in these places while food or drink is being served, or while there is cleaning going on.

But if the owner has put up a sign designating a certain area as an ‘outdoor smoking area’ then you can smoke there!

1.3 Play equipment

This includes 10 metres around play equipment provided by the ACT government, such as play equipment in parks.

2. When am I actually ‘smoking’?

‘Smoking’ includes actually smoking an ignited smoking product, or just holding the smoking product while it is ignited! Smoke includes vapour from a personal vaporiser.

3. Is it an offence to litter cigarette butts?

It is an offence to drop litter butts at a public place or an open private place unless you are dropping the cigarette butt in the bin. If you do litter a cigarette butt you could be fined up to $1,600.

It is also an offence where you put the cigarette butt in the bin, but it does, or is likely to, escape from the bin onto a public place or open private place. For this you can be fined up to $1,600.

1. You need to be enrolled on the electoral roll to vote.
2. If you are homeless, it is not compulsory but you can enrol to vote and vote.
3. If you are homeless and would like to vote, fill in the “No fixed address” form.
4. If you believe that having your address on the electoral roll would put you or your family’s safety at risk, you can apply to be a silent elector.

It is generally compulsory for all eligible Australian citizens to enrol and vote in federal elections, by-elections and referendums. It is also generally compulsory for all eligible ACT residents to enrol and vote in ACT elections.

People who are enrolled to vote and do not vote may be fined (unless they have a valid and sufficient reason for failing to vote or they are homeless).

However, enrolling to vote and voting is not compulsory for people who do not have a permanent home. If you have been living in a permanent home for a month or more, you must enrol to vote as normal.

1. Who is eligible to vote?

You are eligible to vote in federal elections if you are:

• at least 18 years, and
• an Australian citizen or a British subject who was enrolled to vote immediately before 26 January 1984.

There are minor exceptions to this, including if you are serving a sentence of imprisonment for 3 or more years.

You can vote in ACT elections if you can vote in federal elections and live in the ACT. You can still vote in ACT elections (even if you cannot vote in federal elections) because you are serving a sentence of imprisonment for 3 or more years, and your address is in the ACT.

2. How to enrol without a fixed address

If you do not have a permanent home and would like to vote, the Australian Electoral Commission (AEC) has a form called “Enrolment for persons with no fixed address”, which you can fill in and give to the AEC. If you do this, you may be enrolled to vote. You can enrol for the address where:

• you were last eligible to enrol;
• your close family are enrolled if you have not previously been eligible to enrol; or
• you were born if neither of the above apply, or
• you have the closest connection if none of the above applies.

3. When to enrol

If you want to be enrolled to vote in federal elections, then you have to apply for enrolment within 7 days after the election day is formally announced.

Once you have a permanent home and have lived there for one month, you should enrol to vote within 21 days for federal elections. For ACT elections, if you are enrolled in an electorate, and move electorates within the ACT, you must make a claim for a transfer of enrolment within 52 days of changing address. If you do not enrol to vote or change addresses within these time frames, and you don’t have a reasonable excuse, you may be fined.

If you would like to keep your address private for safety reasons, you can enrol or register as a silent elector by completing a “silent elector” form. You will also need to complete the statutory declaration at the back of the form and explain what you consider the risk to your family to be and why your personal safety or that of your family is at risk.

4. Where can I vote?

For the ACT elections you don’t need to vote at any particular polling place. You can cast an ordinary vote at any polling place in the ACT, even if you are outside your electorate.

For the federal elections, if you are interstate, you can vote at interstate voting centres on election day or by post. If you are in the ACT, you can vote at any polling place.

If you are overseas, you can vote in person at an overseas voting centre, or by post.

You may also apply for postal votes through the AEC.

5. The process