A plain English guide for seniors in New South Wales The Older People and the Law handbook is a free publication about legal issues facing seniors, produced by NSW Young Lawyers - Law Society of NSW. A one-off print edition was funded by the former Attorney General's Department of NSW (now Department of Justice and Attorney General) and launched during Law Week 2006. The guide is now only available online. The NSW Young Lawyers' Pro Bono and Community Services Taskforce co-edited the handbook to offer practical, plain language information about aspects of the law most relevant to older people. The material contained in this publication is general and is not intended as advice on any particular matter. Please consult a lawyer or see the chapter entitled "Resources, government departments and further assistance" for more information. Users should also check the currency of the information as it may have changed since the time of publication. The publication has been written according to the applicable laws in Australia relevant to an older person resident in New South Wales as at 1 September 2005. For information about this publication contact NSW Young Lawyers: ylpublications@lawsocnsw.asn.au.

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Chapters	Word downloads	pdf downloads	Chapter Topics
Foreword	foreword - word	foreword - pdf	-
Ch 1 - You and your lawyer	Ch 1 - word	Ch1 - pdf	Ch 1 - topics
Ch 2 - Taking control of your health care decisions	Ch 2 - word	Ch 2 - pdf	Ch 2 - topics
Ch 3 - Wills and powers of attorney	Ch 3 - word	Ch 3 - pdf	Ch 3 - topics
Ch 4 - Taking control of your finances	Ch 4 - word	Ch 4 - pdf	Ch 4 - topics
Ch 5 - Housing and accommodation	Ch 5 - word	Ch 5 - pdf	Ch 5 - topics
Ch 6 - Your consumer rights	Ch 6 - word	Ch 6 - pdf	Ch 6 - topics
Ch 7 - Privacy	Ch 7 - word	Ch 7 - pdf	Ch 7 - topics
Ch 8 - Age discrimination	Ch 8 - word	Ch 8 - pdf	Ch 8 - topics
Ch 9 - Older people in the workforce	Ch 9 - word	Ch 9 - pdf	Ch 9 - topics
Ch 10 - Disputes with neighbours	Ch 10 - word	Ch 10 - pdf	Ch 10 - topics
Ch 11 - Accidents	Ch 11 - word	Ch 11 - pdf	Ch 11 - topics
Ch 12 - Elder abuse and victims of crime	Ch 12 - word	Ch 12 - pdf	Ch 12 - topics
Ch 13 - Family law	Ch 13 - word	Ch 13 - pdf	Ch 13 - topics
Ch 14 - Resources, government departments and further assistance	Ch 14 - word	Ch 14 - pdf	-

• How do I find a lawyer?
• What should I expect from my lawyer?
• How can I help my lawyer to do a good job for me?
• What can I do if I have a complaint about my lawyer?

• Consent to medical treatment
• Withholding consent
• What happens if you are unable to consent?
• Capacity
• How is capacity measured?
• What happens if a person doesn't have capacity?
• Guardians
• How can I retain control over my health care decisions if I lose capacity?
• Enduring guardians
• Advance Health Care Directives or "Living Wills"
• Euthanasia
• No CPR orders
• The Australian health care system
• Private Patient versus Public Patient
• Who is covered under the Medicare scheme?
• How much does medical assistance cost under the Medicare scheme and how does 'bulk billing' work?
• What is the Medicare Safety Net?
• How do I register for the Safety Net?
• What is the Medicare levy surcharge?
• What benefits does Medicare cover?
• What is not covered by Medicare?
• How do I make a claim?
• Will I ever have to repay Medicare?
• What if I have a complaint about Medicare?
• The Pharmaceutical Benefits Scheme (PBS)
• The PBS Safety Net
• Private health insurance
• What options are there?
• What is an excess?
• What is the 'gap' between benefits and fees charged and when will I have to pay it?
• What is the Federal government Private Health Insurance Rebate?
• What if I have a complaint regarding my private health insurer?

• Do I need to make a will?
• When should I make a new will?
• Can I make a will myself?
• The form of the will
• Who should be a witness to a will?
• Altering a will
• What is a codicil?
• What is an executor?
• What property can be left in a will?
• What happens if one of my beneficiaries dies before me?
• What if a beneficiary is a child when the testator dies?
• Can property be left to one person for life, and then to someone else?
• Can provision be made in a will for my pets to be looked after?
• Is there tax on the value of the estate a person leaves?
• Introduction to powers of attorney
• When do I need a power of attorney?
• Can I just fill in a form?
• Can I place limits on the power of attorney?
• Should I grant an enduring power of attorney?
• Whom should I appoint as my attorney?
• How do I make a power of attorney?
• How much will it cost?
• Do I have to register the power of attorney?
• Can I cancel the power of attorney?

• The Age Pension
• How old do I have to be to qualify for the Age Pension?
• How long must I have lived in Australia?
• How much do I receive for the Age Pension?
• Is the Aged Pension taxed?
• Pension Bonus Scheme
• Am I a member of a couple for Centrelink purposes?
• The income test
• The asset test
• What if I leave my home to move into an aged care facility or other residential care?
• Can I give assets away?
• How are pension payments made?
• Concessions
• Disputes, advice and assistance
• Superannuation
• Disability and death benefits
• Superannuation complaints
• How is superannuation taxed?
• Income Tax
• How is income tax calculated?
• How is income tax paid?
• Capital Gains Tax
• What is CGT?
• Keeping accurate records
• When does CGT apply?
• Do I have to pay CGT?
• CGT assets
• CGT events
• Exemptions & rollovers
• The Medicare levy
• Exemptions and reductions
• Need more information on tax?
• The Goods and Services Tax (GST)
• Do I need to register for GST?
• How to register for GST
• Land Tax
• Who needs to pay land tax?
• Making Payments
• Need more information on Land Tax?
• New financial products - Equity release products
• Getting advice and asking questions
• Get Rich Quick' schemes

• Home Ownership
• Buying and selling a home
• Strata Title Units
• Building your own home
• Residential building contracts
• The licensing of builders
• The Home Warranty insurance scheme
• Residential building disputes
• Defects and damages
• Private rentals
• Residential tenancy agreements
• Real estate agents
• Starting a tenancy
• Rental bond
• Rights and obligations of landlords and tenants
• Rent increases
• Ending tenancies
• Tenancy disputes and the CTTT
• Special categories of tenants
• Public housing
• Community Housing
• Disputes involving social (public or community) housing
• Retirement villages
• Types of retirement village accommodation and service packages
• Disclosure statements and cooling off periods
• The cost of living in a retirement village
• Village residents’ rights
• Information about the financial affairs of your village
• Further information about retirement villages
• Residential aged care
• Types of residential aged care
• Finding residential aged care
• Eviction from residential aged care facilities
• Fees for residential aged care
• Disputes involving residential aged care
• Staying at home
• Staying with family

• Introduction
• Contracts
• Buying goods
• Refunds
• Sale items
• Price tags
• Warranties
• Lay-bys
• Consumer protection
• Purchasing services
• Specific goods and services
• Credit
• More information for consumers
• How to resolve a consumer dispute
• Other places to go to find assistance to resolve consumer disputes

• What is Privacy?
• What does the law say about privacy?
• How to make a complaint
• Direct marketing

• What does the law say?
• Anti-Discrimination laws
• Discrimination in employment
• Rental accommodation
• State education
• Purchase of goods and services
• Registered clubs
• If you are experiencing age discrimination
• Threats and victimisation

• Minimum conditions of employment in NSW
• Leave
• Harassment and bullying
• Ending your employment
• Unfair contracts
• Occupational health and safet

• Fence disputes
• Noisy neighbours
• Animals
• Overhanging branches
• Unpleasant odours
• Objectionable behaviour
• Strata title units

• Accidents on private and public property
• Injuries on private property
• Injury on public property
• The Civil Liability Act
• Injury or damage to property caused by animals
• The Companion Animals Act
• Injuries to animals under the Prevention of Cruelty to Animals Act
• Motor Vehicle Accidents
• Property damage from motor accidents - Options
• Making a claim
• Suing for Damages
• Motor vehicle insurance
• Losing your insurance cover - Insurance conditions

• Elder Abuse
• Talk about elder abuse
• Elder abuse and the aged care system
• Apprehended Domestic Violence Orders
• How do I get an ADVO?
• Under what circumstances can I apply for an ADVO?
• Non English speaking victims
• Same sex relationships
• Victims of crime and Government assistance
• How does the Government define a victim of crime?
• What are my rights?
• How do I get help?

• Separating from your spouse
• Ending the marriage
• Divorce
• Who can apply for a divorce in Australia?
• Short marriages
• How do I apply for a divorce?
• Serving the documents
• The hearing
• What is involved in a hearing?
• When do I get my divorce papers?
• So what does it mean now that I am divorced?
• Adjusting property interests
• Binding financial agreements
• Stamp duty
• Spousal maintenance
• Grandparents and family law – Parenting Orders
• Residence orders for grandparents
• Contact Orders
• Factors that the Court considers in making parenting orders
• Variation of parenting orders