Legal Services

The Magistrates Court deals with several different types of matters, including but not limited to minor civil matters, youth matters, coronial matters and criminal matters. The types of criminal matters that the Magistrates Court deals with includes (but is not limited to):

• Driving offences: Drink and drug driving and traffic offences

• Family violence: Family violence orders, breaches of these orders, common assault

• Dishonesty offences: stealing, burglary, aggravated burglary

• Minor drug matters: possessing illicit drugs/plant, using controlled plant or illicit drug, trafficking in controlled drug or plant (minor offence)

• Minor property matters: damage and injury to property and vandalism

• Offences against people: common assault

• Public order offences and offences against Police: disorderly behaviour, abusive language to police, threaten police, assault police

These types of matters are heard before a Magistrate.

The Supreme Court deals with more serious criminal and civil cases. In terms of the type of more serious cases the Supreme Court deals with they include (but are not limited to):

• Sexual offences: Rape, persistent sexual abuse of a child or young person

• Homicide: Murder, manslaughter, causing death by dangerous driving

• Crimes Endangering Life or Health: Strangulation, persistent family violence

• Assaults: aggravated assault, assault on a pregnant person

• Dishonesty: Stealing and Aggravated Burglary (with higher values), robbery, carjacking, fraud

• Property Offences: more serious cases of damage to property and arson. 

If you plead guilty to crimes in the Supreme Court, you will be sentenced by a Judge. If you take a matter to trial and plead not guilty, your matter in almost all cases will be determined by a jury.

The above list are just examples, and is not exhaustive. You should ensure that before you speak to Police or enter any pleas to matters you obtain legal advice.

Employment

Are you experiencing bullying or discrimination at work? Have you been unfairly dismissed from your employment? Our service can offer advice and in some cases representation in employment disputes.

Debt recovery

Does someone owe you money or have you completed work for someone who has not paid you? Is someone claiming you owe them money which you dispute? Our service can offer advice for debts of up to $15,000 dollars.

Discrimination

Have you been treated negatively because of one of your attributes such as age, race, gender, sexual orientation or disability? Our service can offers advice and representation in complaints made under anti-discrimination legislation.

Mental Health Tribunal

Are you subject to an application for a treatment order or assessment order under the mental health legislation? Have you been detained as an involuntary patient in a mental health facility such as a hospital? Speak to one of our lawyers regarding advice and representation in the Mental Health Tribunal.

Access to information

Are you seeking information from a government agency or looking for information that relates to you that you think might be held by a government agency? Speak to one of our lawyers regarding making an application under right to information legislation.

Tenancy

Do you rent a property and wish to know more about your rights? Have you been served with an eviction notice or are you behind on rent? Are you concerned by any actions of your landlord or real estate agent? Speak to one of our lawyers today regarding any issues in relation to your tenancy.

Police complaints

Have you had an interaction with police whereby you believe the police acted inappropriately or unlawfully? Speak to our lawyers about making a complaint.

Family Violence Orders and Restraint Orders

Are you feeling threatened by a family member or a third party? Has someone made an application for a family violence order or restraint order against you? Our lawyers offer assistance for both applicants and respondents to family violence order and restraint order applications.

Matters where TALS cannot assist

TALS receives limited funding to assist with civil matters. The below is a list of matters where we usually do not assist. You can call us if you would like to be referred to another organisation who may be able to assist with your legal issue. You can also contact the Law Society of Tasmania for a list of practitioners who may assist for your issue.

Defamation and slander; personal injury and negligence; guardianship and administration board; victims of crime compensation; wills and estates; consumer law; immigration and migration law; conveyancing; land rights including native title; building and construction; motor vehicle accidents and insurance law; any matter against a Tasmanian Aboriginal Organisation.

Our Custody Notification Service provides wellbeing support and access to lawyers 24/7 to people in custody who identify as Aboriginal and/or Torres Strait Islander in Tasmania.

The family and child safety matters we can assist with include;

• Parenting matters
  *We are not funded to provide services in respect of financial settlements or divorce.

• Child Safety advice and appearances

TALS understands how sometimes the most vulnerable people who need access to legal assistance are also those who face the most difficulties asking for help. We work hard to ensure everyone can access our services.

TALS works to provide legal assistance to people outside a traditional legal setting by:

• attending at Risdon Prison to ensure those in custody (either on remand or serving sentence) will have access to legal advice and representation.

• working with Aboriginal community organisations for regular visiting sessions to encourage people to seek legal information and advice.

TALS has a dedicated program to support victims/survivors of family violence and sexual assault, this program is called SiS.

You can visit the SiS website for further details - www.sistas.org.au