Diary 2020 Legal topics for older people - NSW Government

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Diary 2020 Legal topics for older people - NSW Government
Legal topics for older people

Diary 2020
Diary 2020 Legal topics for older people - NSW Government
ACKNOWLEDGEMENTS                                                                   CONTENTS
Legal Aid NSW has produced           This publication is a general guide to the    FOREWORD BY THE NSW PREMIER                                2
                                     law. You should not rely on it as legal
this diary with funding assistance
and content contribution from
                                     advice and we recommend that you talk to      MESSAGE FROM COMMISSIONER ROBERT FITZGERALD                3
                                     a lawyer about your situation.
the Department of Communities
                                     At the time of printing, the information is
                                                                                   NSW AGEING STRATEGY – a message from the NSW Government    4
and Justice, Law Society of
                                     correct, but it may change.
NSW, NSW Trustee & Guardian,                                                       CALENDARS                                                  6
                                                 Legal Aid NSW 2019
Seniors Rights Service, Australian
Financial Complaints Authority       You may copy, print, distribute, download
                                                                                   MY INFORMATION                                             8
and the Energy & Water               or use this work for a non-profit purpose
                                                                                   MY IMPORTANT DATES                                         9
                                     as long as the original meaning is kept and
Ombudsman NSW.
                                     Legal Aid NSW is acknowledged as the
Cover artwork by                     owner. To reproduce or modify the work
                                                                                   WHERE TO GET LEGAL HELP                                    10
www.petercoadart.com.au              for any other purpose, you need to request
                                     permission from Legal Aid NSW.
                                                                                   QUICK REFERENCE GUIDE                                      12
Graphic design by
www.leadinghand.com.au
                                                                                   JANUARY: Your rights as a consumer and scams               13
Published: November 2019                                                           FEBRUARY: Discrimination: age and carers                  28
                                                                                   MARCH: Wills and other ways to plan ahead                 42
                                                                                   APRIL: Legal issues for Aboriginal older people           58
                                                                                   MAY: Facts about funerals                                 72
Produced by
                                                                                   JUNE: Elder abuse                                         86
                                                                                   JULY: Adult children and grandchildren                    98
With support from
                                                                                   AUGUST: Family, finance and your home                     112
                                                                                   SEPTEMBER: Your home: owning, renting and neighbours      126
                                                                                   OCTOBER: Your pension                                     138
                                                                                   NOVEMBER: Retirement villages and aged care               152
                                                                                   DECEMBER: On the road                                     168
FOREWORD FROM THE NSW PREMIER                                              A MESSAGE FROM ROBERT FITZGERALD AM,
GLADYS BEREJIKLIAN                                                         THE NSW AGEING AND DISABILITY COMMISSIONER.

I am very pleased to present the 2020 edition of the Legal Topics for      It is an honor to be appointed as the first Ageing and Disability
Older People diary.                                                        Commissioner for NSW. This is an historic step taken by the NSW
                                                                           government toward better protecting older people and adults with
Older people are a vital part of a thriving community. The NSW             disability from abuse, neglect and exploitation in their home and within
Government is committed to ensuring that all older people in our state     the community.
enjoy opportunities to participate in, contribute to and be included
                                                                           The aim of the Ageing and Disability Commission is to promote the
in their communities. The information contained within this diary is a
                                                                           rights of older people and adults with disability, and reduce harm
valuable resource.
                                                                           caused to them by someone they know such as a friend, family
For the ninth year, Legal Aid NSW has produced an easy to use resource     member or neighbour. Some examples of abuse and neglect include
of information to help you access services, understand your rights,        family members demanding an early inheritance, cancelling needed
protect yourself and your family, and prosper in our community. It is no   community services, even refusing to acknowledge an adult's choice or
wonder this is the most popular publication produced by Legal Aid NSW.     decision they make in their life. My Commission also has the power to
                                                                           take further action and investigate matters if there are concerns about
On behalf of the people of NSW, I offer my best wishes for a happy and     an individual’s immediate welfare. The intention of an investigation is
healthy 2020.                                                              always to improve the safety of the adult, and uphold their rights.
                                                                           If you have concerns about someone you know, or you need
                                                                           information and support for yourself, we have made it easy to get in
                                                                           touch. You can call the NSW Ageing and Disability Abuse Helpline
                                                                           on 1800 628 221, or email nswadc@adc.nsw.gov.au anytime. I want
                                                                           every older person and adult with disability to feel safe, respected and
                                                                           dignified in their own home and community.
                                                                           This diary is also a great resource that offers a range of information and
                                                                           contact details that may be of use over the year.
                                                                           Wishing you a safe and healthy 2020.

                     Gladys Berejiklian MP                                                      Robert Fitzgerald, AM.
                     NSW Premier                                                                Commissioner.
2                                                                                                                                                   3
NSW AGEING STRATEGY –
A MESSAGE FROM THE NSW GOVERNMENT
The vision of the NSW                 • Housing choices                       • Art and Dementia Program:          You can read more about the
Government is that people in          • Getting around                        being delivered by the Art Gallery   strategy at www.facs.nsw.gov.
NSW experience the benefits                                                   of NSW for older people living       au/inclusion/seniors/overview
of living longer and enjoy            • Inclusive communities.                with dementia and their care         Easing the cost of living
opportunities to participate in,      What are we doing?                      partners, to provide social and
contribute to and be included in                                              cultural engagement and general      The NSW Government is also
                                      We continue to work with local                                               working hard to ease cost of living
their communities. To support                                                 health and wellbeing
                                      councils, the non-government                                                 pressures for seniors, and deliver
this vision, the NSW Government                                               • Specialist multi-disciplinary
                                      sector and the community to                                                  on its commitment to make the
developed the NSW Ageing                                                      service (lawyers and social
                                      deliver on the strategy. The                                                 NSW Seniors Card program even
Strategy 2016–2020.                                                           workers) for vulnerable older
                                      initiatives in the annual action                                             better by increasing the number of
The NSW Government has made           plans provide practical responses       people: being established in         businesses offering discounts and
strong progress in delivering the     to the real health, employment,         the Central Coast to provide         providing greater value for Seniors
commitments under the strategy,       housing, transport and community        holistic services to older people    Card holders in both metropolitan
including Grandparents Day,           participation challenges and            experiencing or at risk of abuse,    and regional NSW.
Tech Savvy Seniors, the NSW           opportunities that come with an         with a focus on service provision
Seniors Card, the Elder Abuse         ageing population.                      to older Aboriginal people.          You can find out more about the
Helpline and Resource Unit, the                                                                                    NSW Seniors Card at
                                      Initiatives include:                    The next NSW Ageing Strategy is      www.seniorscard.nsw.gov.au
Modified Sports Program, and the                                              being developed. This will involve
Ministerial Advisory Council on       • Art of Ageing: launch and tour                                             or call 13 77 88.
                                                                              extensive consultation to ensure
Ageing Media Awards.                  of the Art of Ageing photographic                                            Seniors are also encouraged
                                                                              it captures and responds to input
                                      exhibition 2020, which celebrates                                            to take advantage of the NSW
About the NSW Ageing                                                          from stakeholders, in particular
                                      the value, experience and                                                    Government’s Cost of Living
Strategy                                                                      the voices of seniors across NSW.
                                      contribution of older people, and                                            Service via Service NSW, which is
The strategy outlines the practical   challenges outdated perceptions                                              designed to improve access to and
steps we will take to respond to      of ageing                                                                    awareness of government rebates
the challenges and opportunities                                                                                   and refunds. You can access the
                                      • Retirement Years research
of an ageing population.                                                                                           service at your local Service NSW
                                      project: engaging with people
The strategy includes five            of NSW who are planning for                                                  Centre, via a simple online process
priority areas:                       retirement or are retired to identify                                        at www.service.nsw.gov.au or
• Health and wellbeing                pain points in their experiences                                             by calling 13 77 88.
                                      and prioritise solutions for those
• Working and retiring
                                      pain points
4                                                                                                                                                    5
2019 CALENDAR                                                                                                           2020 CALENDAR
         JANUARY                    FEBRUARY                         MARCH                          APRIL                       JANUARY                          FEBRUARY                        MARCH
M    T   W     T   F    S   S   M   T   W    T   F   S   S   M   T   W    T     F   S   S   M   T   W   T   F   S   S
     1    2    3   4    5   6
                                                                                                                        M T W T             F   S   S   M T W T             F   S   S   M T      W    T   F   S   S
                                                 1   2   3                      1   2   3   1   2   3   4   5   6   7
7    8    9   10 11 12 13       4   5    6   7   8   9 10    4   5   6    7     8   9 10    8   9 10 11 12 13 14                 1    2     3   4   5                           1   2   30 31                     1
14 15 16 17 18 19 20            11 12 13 14 15 16 17         11 12 13 14 15 16 17           15 16 17 18 19 20 21
                                                                                                                        6   7    8    9 10 11 12        3    4    5    6   7    8   9   2   3    4    5   6   7   8
21 22 23 24 25 26 27            18 19 20 21 22 23 24         18 19 20 21 22 23 24           22 23 24 25 26 27 28
28 29 30 31                     25 26 27 28                  25 26 27 28 29 30 31           29 30                       13 14 15 16 17 18 19            10 11 12 13 14 15 16            9 10 11 12 13 14 15
                                                                                                                        20 21 22 23 24 25 26            17 18 19 20 21 22 23            16 17 18 19 20 21 22
              MAY                        JUNE                            JULY                       AUGUST
                                                                                                                        27 28 29 30 31                  24 25 26 27 28 29               23 24 25 26 27 28 29
M    T   W     T    F   S   S   M   T   W    T   F   S   S   M   T   W    T     F   S   S   M   T   W   T   F   S   S
          1    2   3    4   5                        1   2   1   2   3    4     5   6   7               1   2   3   4
6    7    8    9 10 11 12       3   4    5   6   7   8   9   8   9 10 11 12 13 14           5   6   7   8   9 10 11
13 14 15 16 17 18 19            10 11 12 13 14 15 16         15 16 17 18 19 20 21           12 13 14 15 16 17 18
20 21 22 23 24 25 26            17 18 19 20 21 22 23         22 23 24 25 26 27 28           19 20 21 22 23 24 25                 APRIL                                MAY                            JUNE
27 28 29 30 31                  24 25 26 27 28 29 30         29 30 31                       26 27 28 29 30 31
                                                                                                                        M   T W T           F   S   S   M    T    W    T    F   S   S   M   T    W    T   F   S   S
     SEPTEMBER                          OCTOBER                  NOVEMBER                       DECEMBER                         1    2     3   4   5                      1    2   3   1   2    3    4   5   6   7
M    T   W     T    F   S   S   M   T   W    T   F   S   S   M   T   W    T     F   S   S   M   T   W   T   F   S   S
                                                                                                                        6   7    8    9 10 11 12        4    5    6    7    8   9 10    8   9 10 11 12 13 14
30                          1       1    2   3   4   5   6                      1   2   3   30 31                   1
2    3    4    5   6    7   8   7   8    9 10 11 12 13       4   5   6    7     8   9 10    2   3   4   5   6   7   8   13 14 15 16 17 18 19            11 12 13 14 15 16 17            15 16 17 18 19 20 21
9 10 11 12 13 14 15             14 15 16 17 18 19 20         11 12 13 14 15 16 17           9 10 11 12 13 14 15         20 21 22 23 24 25 26            18 19 20 21 22 23 24            22 23 24 25 26 27 28
16 17 18 19 20 21 22            21 22 23 24 25 26 27         18 19 20 21 22 23 24           16 17 18 19 20 21 22
                                                                                                                        27 28 29 30                     25 26 27 28 29 30 31            29 30
23 24 25 26 27 28 29            28 29 30 31                  25 26 27 28 29 30              23 24 25 26 27 28 29

2021 CALENDAR
         JANUARY                    FEBRUARY                         MARCH                          APRIL                            JULY                        AUGUST                     SEPTEMBER
M    T   W     T    F   S   S   M   T   W    T   F   S   S   M   T   W    T     F   S   S   M   T   W   T   F   S   S   M   T   W     T     F   S   S   M    T    W    T    F   S   S   M   T    W    T   F   S   S
                   1    2   3   1   2    3   4   5   6   7   1   2   3    4     5   6   7               1   2   3   4
                                                                                                                                 1    2     3   4   5   31                      1   2       1    2    3   4   5   6
4    5    6    7   8    9 10    8   9 10 11 12 13 14         8   9 10 11 12 13 14           5   6   7   8   9 10 11
11 12 13 14 15 16 17            15 16 17 18 19 20 21         15 16 17 18 19 20 21           12 13 14 15 16 17 18        6   7    8    9 10 11 12        3    4    5    6   7    8   9   7   8    9 10 11 12 13
18 19 20 21 22 23 24            22 23 24 25 26 27 28         22 23 24 25 26 27 28           19 20 21 22 23 24 25        13 14 15 16 17 18 19            10 11 12 13 14 15 16            14 15 16 17 18 19 20
25 26 27 28 29 30 31                                         29 30 31                       26 27 28 29 30
                                                                                                                        20 21 22 23 24 25 26            17 18 19 20 21 22 23            21 22 23 24 25 26 27
              MAY                        JUNE                            JULY                       AUGUST              27 28 29 30 31                  24 25 26 27 28 29 30            28 29 30
M    T   W     T    F   S   S   M   T   W    T   F   S   S   M   T   W    T     F   S   S   M   T   W   T   F   S   S
                        1   2   31 1     2   3   4   5   6                1     2   3   4                           1
3    4    5    6    7   8   9   7   8    9 10 11 12 13       5   6   7    8     9 10 11     2   3   4   5   6   7   8
10 11 12 13 14 15 16            14 15 16 17 18 19 20         12 13 14 15 16 17 18           9 10 11 12 13 14 15
17 18 19 20 21 22 23            21 22 23 24 25 26 27         19 20 21 22 23 24 25           16 17 18 19 20 21 22                OCTOBER                      NOVEMBER                           DECEMBER
24 25 26 27 28 29 30            28 29 30                     26 27 28 29 30 31              23 24 25 26 27 28 29        M   T   W     T     F   S   S   M    T    W    T    F   S   S   M   T    W    T   F   S   S

     SEPTEMBER                          OCTOBER                  NOVEMBER                       DECEMBER                              1     2   3   4   30                          1       1    2    3   4   5   6
M    T   W     T    F   S   S   M   T   W    T   F   S   S   M   T   W    T     F   S   S   M   T   W   T   F   S   S   5   6    7    8     9 10 11     2    3    4    5   6    7   8   7   8    9 10 11 12 13
30 31 1        2    3   4   5                    1   2   3   1   2   3    4     5   6   7           1   2   3   4   5   12 13 14 15 16 17 18            9 10 11 12 13 14 15             14 15 16 17 18 19 20
6    7    8    9 10 11 12       4   5    6   7   8   9 10    8   9 10 11 12 13 14           6   7   8   9 10 11 12
13 14 15 16 17 18 19            11 12 13 14 15 16 17         15 16 17 18 19 20 21           13 14 15 16 17 18 19        19 20 21 22 23 24 25            16 17 18 19 20 21 22            21 22 23 24 25 26 27
20 21 22 23 24 25 26            18 19 20 21 22 23 24         22 23 24 25 26 27 28           20 21 22 23 24 25 26        26 27 28 29 30 31               23 24 25 26 27 28 29            28 29 30 31
27 28 29 30                     25 26 27 28 29 30 31         29 30                          27 28 29 30 31

6                                                                                                                                                                                                                     7
MY INFORMATION                                       MY IMPORTANT DATES IN 2020
Name                                                   JANUARY      FEBRUARY       MARCH
Address
                                   Telephone
Email
In case of emergency please notify
Name
Relationship to me                 Telephone
Doctor’s name                                           APRIL         MAY           JUNE
Doctor’s telephone
Medical
Diabetes 		           Yes          No
Heart disease		       Yes   		     No
High blood pressure Yes     		     No
Other
                                                         JULY        AUGUST       SEPTEMBER
Allergies
Medication(s)
Legal
I have a Will stored here
My executor is
My attorney under an Enduring Power of Attorney is
                                   Telephone           OCTOBER      NOVEMBER      DECEMBER
My appointed guardian is
                                   Telephone
I have an advance care directive   Yes         No
Police and emergency Call 000

8                                                                                             9
WHERE TO GET HELP WITH A LEGAL PROBLEM
These services provide free,        advice to people across NSW and
confidential legal help in NSW.     representation in some cases.
                                    To find a Legal Aid NSW advice        Aboriginal
                                    service call LawAccess NSW on         Legal Service (NSW/ACT)              The Law Society of New
                                    1300 888 529 or visit                 The Aboriginal Legal Service         South Wales
LawAccess NSW                       www.legalaid.nsw.gov.au               (ALS) is an Aboriginal community     The Law Society of NSW has
LawAccess NSW is a                                                        organisation that provides           two services to help
government telephone service                                              information, referrals, legal        the community:
that provides free legal                                                  advice and court representation      • T he Solicitor Referral Service
information, referrals and in                                             to Aboriginal and Torres Strait         can give you a list of three
some cases, advice for people       Community Legal                       Islander people in criminal and         private law firms near where
who have a legal problem in         Centres (CLCs)                        family law and children’s care and      you live that may be able
NSW. Call 1300 888 529 or           Community Legal Centres (CLCs)        protection matters. Visit www.          to help you with your legal
visit www.lawaccess.nsw.            are independent, not-for-profit       alsnswact.org.au or call 1800           problem. Call 02 9926
gov.au                              community organisations that          765 767 for criminal law or 1800        0300 or email ereferral@
                                    provide legal information, advice,    733 233 for family law or care
Community Justice Centres                                                                                         lawsociety.com.au
                                    referrals and casework. CLCs          and protection.
Legal problems don’t always                                                                                    • T he Pro Bono Scheme can
                                    work for the public interest and
need legal solutions, nor do                                                                                      put you in touch with law
                                    focus on disadvantaged people
they have to go to court.                                                                                         firms willing to provide their
                                    in their communities. To find a
Community Justice Centres (CJC)                                                                                   legal services for free or for
                                    CLC near you call LawAccess
offer free mediation services                                                                                     a reduced fee. Call 02 9926
                                    NSW on 1300 888 529 or visit
to help people talk about the                                             Find Legal Answers                      0364 or visit https://www.
                                    www.clcnsw.org.au
issues they are in dispute about                                          at your public library                  lawsociety.com.au/for-the-
and negotiate solutions that                                              Your local public library can           public/pro-bono-scheme
everyone can live with.                                                   help you find easy to understand
Call 1800 990 777 or visit          Seniors Rights Service                information about the law.
www.cjc.justice.nsw.gov.au          Seniors Rights Service provides       Contact your local public library
                                    free and confidential legal advice,   or find legal information at
                                    advocacy and rights-based             www.legalanswers.sl.nsw.
                                    education for older people. Call      gov.au
Legal Aid NSW                       1800 424 079 or visit www.
Legal Aid NSW provides free legal   seniorsrightsservice.org.au

10                                                                                                                                                  11
QUICK REFERENCE GUIDE                                                                                  YOUR RIGHTS                          You can also find out more about
                                                                                                       AS A CONSUMER                        telemarketers' obligations and
     1800Respect (88)                             L LawAccess NSW (10, 58, 59, 102, 114, 129, 149)
                                                                                                                                            how to make a complaint at
A Aboriginal Affairs (58)                           Law Handbook (128)                                 AND SCAMS
  Aboriginal Legal Service (NSW/Act) (11, 62)       The Law Society Of NSW (11, 30, 147)                                                    www.fairtrading.nsw.gov.au
  Ageing and Disability Abuse Helpline (3, 87)      Legal Aid NSW (2, 10, 20, 46, 58, 59, 60,          As a consumer it is important to     —look under Buying products and
  Anti-Discrimination Board of NSW (28)             61, 62, 65, 88, 98, 99, 100, 102, 113, 114,
  Artist in The Black (60)                          129, 140, 141, 169, 171)                           know your rights. Telemarketing,     services > Guarantees, contracts
                                                    Local councils (4, 103, 163)
  Assistive Technology Australia (77)                                                                  online shopping and online           and warranties > Unsolicited
  Australian Competition and Consumer             M MoneySmart (18, 24, 53, 60, 73, 157)
  Commission (ACCC) (18)                            My Aged Care (30, 155, 157)                        banking have brought many            consumer agreements.
  Australian Financial Complaints Authority
                                                  N National Dementia Helpline (85)                    benefits for consumers, but also
  (15, 18, 88, 171, 172)                                                                                                                    Door to door sales
  Australian Funeral Directors Association (74)     National Desexing Network (103)                    some risks. Dodgy salespeople
  Australian Human Rights Commission (28,           National Redress Scheme (59, 124)                                                       Door-to-door salespeople must
  46, 95, 154)                                      No Interest Loans Scheme (NILS) (21)               and businesses may use email,
                                                    NSW Aboriginal Land Councils (61, 73)                                                   give you a 10 day 'cooling off'
  Australian Taxation Office (17, 29)
                                                    NSW Civil and Administrative Tribunal (101,
                                                                                                       telephone, mail and door-to-
  Australian Unity (156)                                                                                                                    period to cancel the contract if
                                                    126, 153)                                          door sales to take advantage
B Best for Kids (102)                               NSW Department of Planning and                                                          you change your mind. If you
  Beyond Blue (165)                                 Environment (18)                                   of you. They may also use
                                                                                                                                            don’t want salespeople to visit
C Carer Gateway (30)                                NSW Fair Trading (14, 61, 74, 126, 128,            high-pressure, misleading and
  Carers NSW (30, 62)                               129, 154, 157)                                                                          your house you can display a
  Cemetery and Crematoria Association               NSW Industrial Relations (29, 31)                  confusing sales tactics to get
                                                    NSW Seniors Festival (36, 39)                                                           Do Not Knock sticker next to
  of NSW (74)
                                                    NSW Trustee and Guardian (61)
                                                                                                       you to sign contracts you don't
  Community Justice Centres (10, 127, 153)                                                                                                  your door or on the front gatepost
  Community Legal Centres (10, 60)                  NSW Victims Services (73)                          understand. This means that you
  Coroners Court (83)                                                                                                                       of your house. Salespeople can be
                                                  O Office of Environmental & Heritage (143)           can be locked into contracts you
  Council on the Ageing NSW (46, 102)                                                                                                       fined if they refuse to leave your
D Department of Communities and Justice
                                                  P Planning Ahead Tools (46)                          can't pay for and may become
                                                    Public Guardian                                                                         home if you ask them to or if they
  (30, 62, 65, 99, 100, 101, 102)                                                                      involved in legal action.
  Department of Human Services (35, 105)          R Retirement Village Residents Association                                                ignore a Do Not Knock sticker.
                                                    (157)
  Department of Social Services (45, 157)
                                                    Revenue NSW (168, 169, 172)
                                                                                                       Telemarketers                        Find out how to get a sticker
  Department of Veterans Affairs (158)
  Do Not Call Register (13)                         Roads and Maritime Services (117, 171, 172)        There are rules about how and        or make a complaint at www.
                                                    RSPCA (103, 109)
E Emergency Accounts Payment Assistance (15)                                                           when telemarketers can contact       donotknock.org.au or cut out
  Energy & Water Ombudsman NSW (14, 18,           S Scamwatch (19)
  26, 60, 107)                                      Seniors Rights Service (10, 89, 112, 114,          you. You can find these rules        the sign on page 183.
  Environmental Protection Agency (129)             154, 158)                                          at www.acma.gov.au under
                                                    Service NSW (5, 15, 74, 114, 117, 131, 171, 172)                                        Electronic banking
F Fair Work Commission (28, 29)                     Speak My Language (39)                             Industryacma > Marketers > Do
  Family Violence Prevention Legal Service (89)     State Library of NSW – Find Legal Answers                                               Never share your PIN or
  Financial Counselling Australia (14)              (11, 46, 128)
                                                                                                       not call register > Telemarketing
  Financial Rights Legal Centre (18, 19, 172)                                                                                               passwords with anyone. Keep
                                                    Sydney Homeless Connect (96)                       standard > Telemarketing rules. If
G Gambling Help (147)                                                                                                                       them in a safe place, separate
                                                  T Telecommunications Industry Ombudsman (19)         you don’t want telemarketers to
H Health Care Complaints Commission (15)            Tenants NSW (128)                                                                       from your debit or credit cards. If
                                                    Transport NSW (61, 175, 177)                       call you, you can add your number
  Health NSW (31, 41)                                                                                                                       your debit or credit card is lost or
  Housing NSW (128)                               W Welfare Rights Centre (141)                        to the Do Not Call Register.
                                                    Wirringa Baiya Aboriginal Women’s Legal                                                 stolen or if someone makes an
I    Icare Workers Insurance (29)
                                                    Service (62, 89)
                                                                                                       Call 1300 792 958 or visit
                                                                                                                                            unauthorised online withdrawal
                                                    Women’s Domestic Violence Court                    www.donotcall.gov.au
                                                    Advocacy Service (88)                                                                   from your account, tell your bank
12                                                                                                                                                                           13
immediately. Most banks will not         must give you time to pay and                                                are not resolved, you can contact
make you pay for unauthorised            offer you a payment plan. If you        DID YOU KNOW?                        the Health Care Complaints
transactions that happen after           are having difficulty paying, they     The Energy Accounts                   Commission (HCCC). The HCCC
you have notified them—as long           must offer to refer you to their       Payment Assistance (EAPA)             is an independent body that deals
as you didn't contribute to the          hardship program for support.          Scheme helps people who               with complaints about health
theft, for example, by telling           Talk to your energy or water           have trouble paying their             services in NSW. Call 1800 043 159
someone your PIN or password.            provider as soon as you have a         electricity or gas bill because of    or visit www.hccc.nsw.gov.au
Goods and services                       problem to avoid disconnection.        a crisis or in an emergency. Visit    National Disability Insurance
When you buy goods they come             If you are having difficulties with    energysaver.nsw.gov.au                Scheme (NDIS)
with a guarantee that they will be       your energy or water provider          and search for EAPA, or call          If you are in the National
of acceptable quality. This means        contact the Energy & Water             Service NSW on 13 77 88 to            Disability Insurance Scheme
they must be safe, free of faults        Ombudsman NSW (EWON).                  find out more.                        (NDIS) you should have access
and do all the things you would          Call 1800 246 545 or visit                                                   to supports you need—like
normally expect them to do.              www.ewon.com.au                       Insurance                              transport, equipment and linking
                                         EWON offers a free, fair and          If your insurance company              you and your family with support
Services you buy must be                                                       rejects your claim, there are
provided with acceptable care            independent dispute                                                          Services. If you are not happy with
                                         resolution service.                   things you can do. You can ask         the quality or safety of the services
and skill, give the results that                                               for an internal review of the
you and the business agreed to           Financial hardship                                                           you are receiving, or the quality
                                                                               decision. If you are still unhappy     of the goods you purchased, you
and be delivered in a reasonable         If you can’t pay your bills you may   with their decision, you can make
time. If they don't, you may have        be experiencing financial hardship.                                          can make a complaint. You can
                                                                               a complaint to the Australian          complain directly to your service
a right to have the thing you            Rather than taking out a high         Financial Complaints Authority
bought repaired or replaced, get         cost loan—often called 'payday                                               provider. If that doesn’t fix your
                                                                               (AFCA). Call 1800 931 678 or visit     complaint, you can complain to
a refund, cancel the contract            loans’—you can ask your bank          www.afca.org.au
or get compensation. You can             and utility provider for a hardship                                          the NDIS Quality and Safeguards
contact NSW Fair Trading                 arrangement to pay off your bills.    Insurers shouldn't make you pay        Commission (NQSC).
for help. Call 13 32 20 or visit         You can also get free help through    your excess upfront if you can't       Call 1800 035 544 or visit
www.fairtrading.nsw.gov.au               Financial Counselling Australia.      afford it. If this happens to you,     www.ndiscommission.gov.au/
                                         Call 1800 007 007 or visit            ask to speak to your insurer's         participants/complaints.
Gas, electricity and water                                                     financial hardship section.            The NSW Office of Fair Trading
providers                                www.financialcounselling
                                         australia.org.au                                                             may also be able to help you
Energy & water providers must                                                  Health care
                                                                                                                      if you have a complaint about
send you a Customer Charter                                                    If you have concerns about your
                                                                                                                      goods or services you bought
that explains your rights and                                                  doctor or other health care
                                                                                                                      through the NDIS. Visit
responsibilities. All energy retailers                                         professional’s practice, you should
                                                                                                                      www.fairtrading.nsw.gov.au
                                                                               talk to them first. If your concerns
14                                                                                                                                                      15
Scams                                 easy money. Don’t be pressured
Scams are designed to trick or        into anything. Do your own          RECENT SCAMS TO WATCH OUT FOR
persuade you to give away your        research on a company and get       If you get a call from someone claiming to be from the Australian
personal details or your money.       independent advice before you       Taxation Office accusing you of tax fraud, or claiming to be from
They can be done by phone,            accept an offer.                    the Commonwealth DPP telling you about an arrest warrant, it
mail, in person and online.           Dating and romance scams            could be a scam. Don’t give them your details, just hang up.
The internet has given new life to    These usually happen on official    Also, watch out for calls from people who want to talk to you
old scams and created new ones.       dating or social networking         about binary options trading, or who ask you to pay things like
Anyone can be the victim of a         websites where scammers             taxes, hospital or utility bills or bail money with an iTunes gift
scam, but some scams target           create fake profiles to take        card. The scammer will ask you to pay by telling them the 16-digit
older people because they             advantage of people looking         code on the back of the card. If you do your money will be gone
tend to have more savings,            for companionship. They play        and you will never get it back.
or scammers see them as less          on your emotions and put            Watch out for scammers pretending to be from the NBN. They
internet savvy. You can protect       time and effort into gaining        try to con victims out of their money and personal information by
yourself from scams. A good           your trust before asking for        ‘connecting’ victims to the NBN network for a low price, and often
rule of thumb is: ‘if it sounds too   money. They will often pretend      demand that you pay with an iTunes gift card.
good to be true—it probably is’.      the money is for a personal or
                                                                          Also be cautious of missed calls from international numbers
Investment scams                      family emergency. Never send        you do not recognise. It may be a scammer hoping you will call
These scams try to seduce             money, credit card details or       back and keep you on the line for a long time charging your call
you with a ‘not-to-be-missed’         online account details to anyone    at a premium rate. If you get a missed call from an international
financial opportunity. The            you don’t know or trust, no         number and don't recognise the number, just ignore it.
scammer might claim to be             matter how you feel about
a stock broker or portfolio           them. Be careful about how         Scammers want you to send             bank asking you to click on a
manager. They usually offer           much personal information you      personal information or pay           link to reset a password or a
a low-risk opportunity with           share online. Scammers use         an upfront fee before you can         trusted organisation calling to
high financial returns and            information and pictures to        claim an inheritance, travel prize,   verify customer information.
may encourage you to invest           target you with scams or even      lottery win, shopping voucher or      Don’t respond or attempt to
overseas. The offers look like        blackmail you if you have shared   compensation money.                   unsubscribe, and don’t click on
the real thing, with professional     personal pictures or videos.                                             any links or call a phone
                                                                         They also use phishing messages
looking emails and websites.          Spam mail and phishing             to try to get your bank account       number. The best thing to do is
They may give you logins to           Spam is electronic junk mail—      numbers and passwords and             delete it. If you are not sure
view fake investment balances         like an unexpected email,          usually pretend to come from          who is calling you, use publicly
and growing returns. Be               SMS text or messaging app          legitimate businesses—like your       available information to call them
suspicious of anyone offering         promising money and prizes.                                              back instead.
16                                                                                                                                             17
Where to find                        Credit and Debt Hotline                 credit cards and                   Cyber Issue Reporting System
more information                     Provides financial counselling          short-term finance                 is an online system to securely
                                     information, advice and referral      • d
                                                                              enial of an insurance claim      report cybercrime. Visit
Seniors Guide to consumer            services to consumers on credit,                                           www.cyber.gov.au
rights in NSW is a free                                                      (such as car, home and
                                     debt and banking issues. Call           contents, pet, travel,             Australian Communications
publication to help you with         1800 007 007 or visit
consumer issues. Download                                                    income protection and              and Media Authority enforces
                                     www.financialrights.org.au              trauma insurance)                  Australia’s anti-spam laws. For
or order a copy at www.
fairtrading.nsw.gov.au or            Energy & Water Ombudsman              • i nappropriate investment         more tips on how to protect
call 13 32 20.                       NSW (EWON)                               advice                            yourself and to report spam call
                                     EWON offers a free, fair and                                               1300 850 115 or visit
The little black book of scams       independent dispute resolution        • s uperannuation trustee’s         www.acma.gov.au
Download or order it at              service for all residential and          decision about the
www.accc.gov.au or call                                                       distribution of a benefit.        Stay Smart Online has simple
                                     small business energy customers                                            advice on how to keep your
1300 302 502.                        in NSW and some water                 Call 1800 931 678 or visit           computer secure and protect
NSW Department of Planning           providers. Contact EWON on            www.afca.org.au                      your personal information while
and Environment has                  1800 246 545 or visit                                                      you are online. Visit
                                                                           Telecommunications Industry
information about customer’s         www.ewon.com.au                                                            www.staysmartonline.gov.au
                                                                           Ombudsman (TIO)
rights, understanding energy         Australian Financial
bills, getting financial help with
                                                                           A free dispute resolution service    Where to find
                                     Complaints Authority (AFCA)           for small business and residential
energy bills, energy rebates and                                                                                legal help
                                     AFCA is a free independent            customers who have a complaint
reducing your energy costs.                                                                                     See pages 10 and 11 for
                                     external dispute resolution           about their telephone or internet
Visit energysaver.nsw.gov.au                                                                                    where to get legal help.
                                     scheme. AFCA offers individuals       service. Call 1800 062 058 or
MoneySmart                           and small businesses a free, fair     visit www.tio.com.au                 These specialist legal services can
A government website with            and flexible solution for resolving                                        also help you:
                                                                           Scamwatch has information
information about investment,        complaints about financial                                                 The Financial Rights
                                                                           about how to recognise, avoid
superannuation, managed funds,       products and services.                                                     Legal Centre
                                                                           and report all types of scams.
financial advice and insurance                                                                                  A community legal centre that
                                     AFCA can deal with financial          For more information visit
scams, as well as other types                                                                                   specialises in in the areas of
                                     problems such as:                     www.scamwatch.gov.au
of scams and what to do if you                                                                                  consumer credit, banking, debt
have been scammed.                   • e rrors in everyday                Australian Tax Office (ATO)
                                                                                                                recovery and insurance. It also
Call 1300 300 630 or visit              banking transactions               has information on tax scams.        offers advice and advocacy for
www.moneysmart.gov.au                   and default listings               You can also verify and report tax   people in financial stress.
                                                                           scams to the ATO. Call 1800 008      Call 1800 007 007 or visit
                                     • difficulty repaying loans,         540 or visit www.ato.gov.au          www.financialrights.org.au
18                                                                                                                                                19
School Holidays                                    School Holidays
DEC – JANUARY 2020                                       JANUARY 2020
30                                                       3
MONDAY               DID YOU KNOW?                       FRIDAY
                     Legal Aid NSW has podcasts
                     that you might like to listen to.
                     If you’re interested in stories
                     about the inspiring work
                     Legal Aid NSW lawyers

31                   do in our community, visit
                     legalaid.nsw.gov.au/
                                                         4
TUESDAY                                                  SATURDAY
                     what-we-do/its-what-we-
New Year’s Eve       stand-for
                     If you are a community
                     worker, or assist people in
                     your community, listen to Law
                     for Community Workers on
1                    the go here: legalaidnswcle.
                      podbean.com
WEDNESDAY
New Year’s Day

                                                         5              DID YOU KNOW?
                                                         SUNDAY         If you are on Centrelink or
                                                                        a low income you may be
                                                                        able to get a no interest
2                                                                       loan from the No Interest
                                                                        Loans Scheme (NILS) to
THURSDAY
                                                                        pay for essential goods and
                                                                        services—such as fridges,
                                                                        washing machines or car
                                                                        repairs. Call 13 64 57 or visit
                                                                        www.nils.com.au

20                                                                                                        21
School Holidays                                School Holidays
JANUARY 2020                     JANUARY 2020
6                                10
MONDAY                           FRIDAY

7                                11
TUESDAY                          SATURDAY

8                                               DID YOU KNOW?
WEDNESDAY                                       There are many computer
                                                clubs and training courses
                                                for seniors across NSW. They
                                 12             encourage and educate seniors
                                 SUNDAY         to use and explore computer
                                                technology. Visit
                                                www.ascca.org.au
9                                               The Tech Savvy Seniors
THURSDAY                                        program offers low cost or
                                                free training so older people
                                                can learn to use computers,
                                                tablets and smart phones.
                                                Visit www.telstra.com.au/
                                                 tech-savvy-seniors

22                                                                              23
School Holidays                                  School Holidays
JANUARY 2020                                    JANUARY 2020
13                                              17
MONDAY                                          FRIDAY

14                                              18
TUESDAY                                         SATURDAY

15
WEDNESDAY

               DID YOU KNOW?                    19
               You can try to find lost or      SUNDAY
               unclaimed money from
               bank accounts, life insurance
16             policies, superannuation,
THURSDAY       company shares, salaries
               and wages, rent and rental                      Creativity is intelligence
               bonds, trust money, royalties,                  having fun.
               and other money held by
                                                               – Albert Einstein
               the government at www.
               moneysmart.gov.au

24                                                                                          25
School Holidays                                                        School Holidays
JANUARY 2020                                     JANUARY 2020
20                                               24
MONDAY                                           FRIDAY
                                                 International Day of Education

21                                               25
TUESDAY                                          SATURDAY

               DID YOU KNOW?
               Clothes dryers, heaters and air
               conditioners use more power
               in winter and energy bills can
               come as a shock. For tips on
22             how to save energy and water
WEDNESDAY      visit the Energy & Water
               Ombudsman NSW website
               at www.ewon.com.au
               The Office of Environment         26
               & Heritage also has an            SUNDAY
               Appliance Replacement             Australia Day / Yabun Festival
               Offer program. You may be         On this day in history...
23             able save money on bills by       January 27 (1756) – Mozart is born
THURSDAY       replacing old fridges and TVs.
               Visit energysaver.nsw.gov.
               au/households/rebates-                                                 Green Tip
               and-discounts/appliance-
                                                                                      Sell or donate old furniture.
               replacement-offer for more
                                                                                      Try your local charity store.
               information.

26                                                                                                                    27
DISCRIMINATION:                       but if they keep asking you and          Where to find
AGE AND CARERS                        pressuring you to retire this could      more information                     DID YOU KNOW?
                                      amount to age discrimination.                                                 If you can’t do your normal
Age Discrimination                                                             You can get more information
                                      Carer’s discrimination                                                        job because you are injured
It is unlawful for someone                                                     about discrimination and how to
                                                                                                                    at work, or for some other
to be treated less favourably         A carer is a person who provides         make a complaint from the:
                                                                                                                    reason, but you want to keep
than others because of their          unpaid personal care, support and        • A
                                                                                  ustralian Human                  working, you should talk to a
age in most areas of public           assistance to another person who           Rights Commission                  private lawyer who specialises
life. This includes employment,       needs support because they are
                                                                                 Call 02 9284 9600 or               in workers compensation law.
accommodation and the                 frail and aged.
                                                                                 1300 369 711 or visit
                                                                                                                    You can also get more
provision of goods and services.      It is unlawful for employers to treat      www.humanrights.gov.au
                                                                                                                    information about making a
Sometimes the unfair treatment        an employee unfairly because they
                                                                               • A
                                                                                  nti-Discrimination               workers compensation claim if
is obvious, for example if you        have carer responsibilities. Your
                                                                                 Board of NSW                       you are injured at work from
apply for a job and are told that     conditions at work should not be
                                                                                 Call 02 9268 5544 or               icare workers insurance.
you are too old to be considered      any worse because of a carer’s
                                                                                 1800 670 812 or visit              Call 13 44 22 or visit
even though you have the skills.      responsibilities if you can do all the
                                                                                 www.antidiscrimination.             www.icare.nsw.gov.au
But sometimes the discrimination      essential tasks required by the job.
                                                                                 justice.nsw.gov.au
is less obvious. A rule or policy     A carer who has been employed for
                                                                               • F air Work Commission
may look fair because it applies      at least 12 months has a right to ask
                                                                                  Call 1300 799 675 or visit        DID YOU KNOW?
to everybody but in practice it       their employer for flexible working
                                                                                  www.fwc.gov.au                    If you earn over $450 per
has an unfair or unreasonable         arrangements in order to allow
effect on older people. For           them to perform their carer’s role.      Fair Work Ombudsman                  month your employer should
example, an employer might                                                     Can give you information and         pay superannuation for any
                                      What can you do about                                                         work that you do. If you
ask all employees pass a fitness                                               advice about your workplace rights
                                      discrimination?                                                               are not sure whether your
test, but the level of fitness                                                 and obligations. Call 13 13 94 or
they require is not necessary         You can make a complaint                 visit www.fairwork.gov.au            employer has paid your
for the job. This would unfairly      about discrimination on the                                                   superannuation, you can
                                      grounds of age or being a carer          NSW Industrial Relations
disadvantage older people. This                                                                                     check with the Australian
                                      to the Australian Human                  For information about conditions
is called indirect discrimination.                                                                                  Taxation Office. You
                                      Rights Commission, the Anti-             of employment (like pay, leave,
                                                                                                                    can also use their online
Compulsory retirement at 65 years     Discrimination Board of NSW              workplace flexibility, starting or
                                                                                                                    superannuation guarantee
was abolished many years ago.         or Fair Work Commission. Strict          leaving work). Call 131 628 or
                                                                                                                    contributions calculator.
Employers can no longer force a       time limits apply, so you should         visit www.industrialrelations.
                                                                                                                    Call 13 10 20 or visit
person to retire. They may be able    talk to a lawyer if you have             nsw.gov.au
                                                                                                                    www.ato.gov.au
to ask you when you intend retiring   concerns about your situation.
28                                                                                                                                                   29
Carer Gateway                          Where to find
An online and phone service that       legal help                            DID YOU KNOW?                  DID YOU KNOW?
provides practical information                                               If you retire, your employer   Transport for Health
and resources for carers. The          See pages 10 and 11 for
                                                                             should pay you any money       provides transport and travel
interactive service finder helps       where to get legal help.
                                                                             they owe you for wages,        help for people who can’t
carers connect to local support        These specialist legal services can   bonuses and commissions        use or have difficulty using
services. Call 1800 422 737 or visit   also help you:                        that you have earned. They     public transport or who are
www.carergateway.gov.au                                                      should also pay you for any    disadvantaged by distance.
                                       Private lawyers
Carers NSW                             The Law Society of NSW’s Solicitor    unused annual leave, but       The Isolated Patients Travel
Provides information, support          Referral Service can refer you to a   they don’t have to pay you     and Accommodation
and counselling for carers. It         private lawyer who specialises in     for unused sick leave.         Assistance Scheme
has an Aboriginal and Torres           workers compensation.                 If you were employed for       (IPTAAS) can help with travel
Strait Islander Carer Program,         Call 02 9926 0300 or email            over ten years they should     and accommodation costs
and information to help carers         ereferral@lawsociety.com.au           also pay you your long         if someone needs to get
better understand the National                                               service leave. If you were     specialist treatment. Call 1800
Disability Insurance Scheme                                                  employed for more than five    478 227 or visit
(NDIS). Call 9280 4744 or                                                    years and you resigned for     www.health.nsw.gov.au
1800 242 636 or visit                                                        medical reasons or a reason    and search for
www.carersnsw.org.au                                                                                        Transport for health.
                                                                             called a ‘domestic or other
Department of Communities                                                    pressing necessity’, you may
and Justice (DCJ formerly FACS)                                              be able to be paid some of
You can find information and                                                 your long service leave. To
resources for carers in the                                                  find out if you have worked
individual, family and carers                                                long enough to get long
section on the website. Visit                                                service leave contact NSW
www.facs.nsw.gov.au/                                                         Industrial Relations.
inclusion/carers                                                             Call 131 628 or visit
My Aged Care                                                                 www.industrialrelations.
The website has a section on                                                 nsw.gov.au
caring for someone, with links to
useful information, resources and
services. Call 1800 200 422 or
visit www.myagedcare.gov.au/
caring-someone
30                                                                                                                                            31
School Holidays                                                    School Holidays
JANUARY 2020                   (Western Division NSW)   JAN – FEB 2020                            (Western Division NSW)

27                                                      31
MONDAY                                                  FRIDAY
Australia Day public holiday

28                                                      1
TUESDAY                                                 SATURDAY
                                                        On this day in history...
                                                        February 1 (1984) – Medicare is established

29
WEDNESDAY

                                                        2                                     DID YOU KNOW?
                                                        SUNDAY                               You can stop working
                                                                                             whenever you want to,
                                                                                             as long as you give your
30                                                                                           employer notice of your
THURSDAY                                                                                     decision to resign. If you are
                                                                                             not sure how much notice
                                                                                             you need to give you can ask
                                                                                             the Fair Work Ombudsman.
                                                                                             Call 13 13 94 or visit
                                                                                             www.fairwork.gov.au

32                                                                                                                            33
FEBRUARY 2020      FEBRUARY 2020
3                  7
MONDAY             FRIDAY

4                  8
TUESDAY            SATURDAY
Chinese New Year

5
WEDNESDAY

                   9               DID YOU KNOW?
                   SUNDAY          There are payments you can
                                   get if you are a full-time carer
                                   and can’t work because of
6                                  your caring responsibilities.
                                   You can find information
THURSDAY
                                   about payments and what
                                   other help is available for
                                   carers from the Department
                                   of Human Services. Visit
                                   www.humanservices.gov.au

34                                                                35
FEBRUARY 2020                                                     FEBRUARY 2020
10                              NSW Seniors Festival is the
                                largest festival for seniors in
                                                                  14
MONDAY                                                            FRIDAY
                                the Southern Hemisphere.
                                www.seniorsfestival.nsw.
                                gov.au

11                                                                15
TUESDAY                                                           SATURDAY
International Day of Woman and Girls in Science

12
WEDNESDAY
NSW Seniors Festival starts

                                                                  16                       Green Tip
                                                                  SUNDAY
                                                                                           When packing things
                                                                  Sydney Gay and Lesbian   for travel or storage, use
                                                                  Mardi Gras starts
13                                                                                         removalists who provide re-
                                                                                           usable packing crates instead
THURSDAY                                                                                   of single use cardboard
                                                                                           boxes and wrap precious
                                                                                           items in old newspaper or
                                                                                           towels and blankets instead
                                                                                           of bubble wrap.

36                                                                                                                         37
FEBRUARY 2020   FEBRUARY 2020
17              21
MONDAY          FRIDAY

18              22
TUESDAY         SATURDAY

19                                          DID YOU KNOW?
WEDNESDAY                                   Speak My Language is a
                                            radio language program that
                                            has information about healthy
                23                          ageing for culturally and
                SUNDAY                      linguistically diverse seniors
                NSW Seniors Festival ends   and their carers. Tune in and
                                            listen to your favourite ethnic
20                                          radio stations as they speak
THURSDAY                                    to aged care experts and hear
                                            from families who share their
                                            stories and their secret to
                                            ageing well in Australia. Visit
                                            www.speakmylanguage
                                            radio.com

38                                                                            39
FEBRUARY 2020                         FEBRUARY – MARCH 2020
24                                    28
MONDAY                                FRIDAY

25                                    29
TUESDAY                               SATURDAY

26
WEDNESDAY
Lent begins (ends Thursday 9 April)
                                                                        DID YOU KNOW?
                                      1                                 The Advance Care
                                      SUNDAY                            Planning Workbook can
                                      First day of Autumn               help you think about what
                                      Clean the filters in your air     health care decisions you
27                                    conditioner and check your fire   may need to make and
THURSDAY                              alarm batteries                   how to discuss your wishes
                                                                        with your carers, family
                                                                        and health care teams.
                                                                        Visit www.cclhd.health.
                                                                        nsw.gov.au and search for
                                                                        Advance Care Planning.

40                                                                                                   41
WILLS AND                                What does it cost to                     charge fees to administer your        • b
                                                                                                                           uy or sell assets—people
OTHER WAYS                               make a Will?                             estate when you die.                    often leave assets to someone
                                         Solicitors' fees vary and can                                                    in their Will and then sell them
TO PLAN AHEAD                            depend on how complex the
                                                                                  How often should I review
                                                                                                                          before they die. This could
                                                                                  my Will?
Wills                                    Will is. It is a good idea to shop                                               mean that some beneficiaries
                                                                                  Your Will expresses your wishes
A Will is a legal document that          around and compare fees.                                                         receive nothing, while others
                                                                                  at a particular point in time. You
sets out how you want your                                                                                                get more than you intended.
                                         NSW Trustee & Guardian                   should review your Will regularly
assets—called your estate—to
                                         can prepare your Will for a fee          to make sure it accurately reflects   What will happen if I die
be distributed after you die. This
                                         of $330. You can have your Will          your current wishes.                  without a Will?
can include real estate, artwork,
                                         and Power of Attorney prepared           You may want to update your           If you die without a Will this is
money and even items of
                                         together for a fee of $440 (a            Will when:                            called dying ‘intestate’. If you die
sentimental value that you want
                                         discount of $110). Call NSW Trustee                                            intestate you lose the opportunity
to give someone. You can also                                                     • y our relationship status
                                         & Guardian on 1300 364 103 or                                                  to have a say in how you want
say in your Will who you want to                                                     changes
                                         visit www.tag.nsw.gov.au                                                       your assets and sentimental items
care for your pet and what kind of
funeral you want.                        They will prepare your Will and          • y ou welcome children or           to be distributed. Your estate
                                         Power of Attorney for free if you           grandchildren into your family     will be distributed according to a
You must appoint an executor                                                                                            formula set out by the intestacy
                                         are eligible for a full Centrelink Age   • y our executor becomes
in your Will. Your executor is                                                                                          laws and people may miss out or
                                         Pension. They will also prepare             ill, is unable to handle the
responsible for making sure that                                                                                        not get what you intended them
                                         it for free if you are receiving            responsibility or dies
your estate is distributed as set                                                                                       to have. It is better to plan ahead
                                         another government benefit, such
out in your Will. It is important to                                              • a beneficiary named in the         and have a valid and up-to-date
                                         as a Department of Veterans'
choose an executor who has the                                                       Will dies                          Will in place.
                                         Affairs Pension, but would be
financial and taxation skills to carry                                            • your partner or spouse dies
                                         eligible for a full Centrelink Age                                             Other ways to plan ahead
out the role.
                                         Pension if you weren’t receiving         • y ou want to change the            What would happen to your
How do I make a Will?                    that other benefit.                         amount of money you left           personal, financial and business
Do-it-yourself Will kits are                                                         someone when you made              affairs if you were no longer able
                                         If you are updating a Will or
available, but it is best to talk to a                                               your last Will                     to make decisions for yourself
                                         Power of Attorney you have made
professional to make sure your Will                                                                                     because of illness or injury?
                                         before with a NSW Trustee &              • y ou retire—retirement is
is legally valid and reflects your
                                         Guardian you will get a discount.           a good time to do your             If you don't have planning ahead
wishes. A Will must follow strict
legal requirements and be properly       If you choose a professional                estate planning and possibly       documents in place and you lose
signed and witnessed. A solicitor        executor, such as a solicitor or            look at setting up tax             the capacity to make decisions
or NSW Trustee & Guardian can            NSW Trustee & Guardian, to be               effective arrangements             for yourself, your family and
help you make your Will.                 executor of your Will, they will            through your Will                  friends may not know what

42                                                                                                                                                        43
you would have wanted to do         a person or organisation you          Guardianship, there is no             and you should get specialist legal
about your financial, health, and   choose to make decisions for you      standard form you need to use         advice about your options.
lifestyle needs. They may have      about property, financial and         for an advance care directive.
                                                                                                                The Department of Social
difficulty paying bills from your   legal affairs—like managing your      You can find links to some tools
                                                                                                                Services has produced two
bank account. If a decision needs   bank accounts, paying bills, and      that may help you at www.
                                                                                                                booklets to help families plan for
to be made about selling your       buying or selling property.           planningaheadtools.com.au
                                                                                                                the future care of family members
home to pay for you to move         What is an                            Planning for retirement               with high support needs, and
into residential aged care or a     enduring guardian?                    Because we are living longer and      explains how they can use Special
home that is more suitable for      An enduring guardian is someone       healthier lives, many of us will      Disability Trusts to look after
you, they would have to go          you appoint to make personal          have a longer retirement too.         them financially. Download the
to a court or tribunal to have      and lifestyle decisions for you—      Planning for the future should        Planning for the Future: People
someone appointed to make           like where you live, which doctor     also involve taking stock of your     with disability and Special
decisions for you.                  you go to, what medical or dental     financial situation and thinking      Disability Trusts: Getting
People you have not chosen          treatment and other services you      about your income sources after       things sorted booklets at www.
could end up managing your          get. It only covers decisions about   you retire—such as the age            dss.gov.au/disability-and-
money or making decisions for       lifestyle and health. A Power         pension, superannuation, savings,     carers/publications-articles or
you. They could decide where        of Attorney covers legal and          and investments. The earlier you      call 1300 653 227.
you live, what happens to your      financial decisions.                  prepare for retirement, the more
                                                                                                                Organ donation
home, if you are placed in aged     What is an advance                    control you will have over your
                                                                                                                You can donate some of your
care or what medical treatment      care directive?                       options. However, it is never too
you receive.                                                                                                    organs and tissue after you die,
                                    An advance care directive records     late to plan. It is a good idea to
                                                                                                                but you should tell your family and
However, you can plan               your instructions for doctors and     talk to an expert about financial
                                                                                                                other people close to you because
ahead while you're fit and          health care workers about the         and retirement planning.
                                                                                                                they will need to agree to it before
healthy by deciding who you         treatment you want or don't           Planning for children                 it can happen. Even if you have
would like to make decisions for    want in the future. It's a good       with disability                       aIready recorded your donation
you. You can do this by making      idea to discuss your wishes about     Families of people with disability,   wishes somewhere else—for
a Will and two other documents      your future health care with          especially older parents, often       example by ticking a box on a
called an Enduring Power            your doctor, family, friends and      worry about what will happen          driver licence renewal form—you
of Attorney and Enduring            enduring guardian, so if the time     to their child when they are no       can register as a donor through
Guardianship appointment.           comes when they need to make          longer able to care for them. You     the National Organ Donor
                                    decisions for you, they will know
What is an Enduring Power                                                 can use your Will to make sure        Register. You can cancel or
                                    what you would have wanted.
of Attorney?                                                              your child will be looked after       change your decision at any time.
An Enduring Power of Attorney       Unlike an Enduring Power              when you die, often by setting        Call 1800 777 203 or visit
is a legal document that appoints   of Attorney and Enduring              up a trust. This is a complex area    www.humanservices.gov.au
44                                                                                                                                               45
Where to find                         Legal Aid NSW                           NSW Trustee & Guardian
more information                      Legal Aid NSW has a number              Prepares Wills, Powers of             DID YOU KNOW?
                                      of brochures on Wills and               Attorney, Trusts and Enduring        NSW Trustee & Guardian
The Planning Ahead Tools              planning ahead.                         Guardianship documents.              offer a Will Safe storage
website has information, tools                                                You can also appoint NSW
                                      • W
                                         ho will decide for you                                                   service where you can store
and resources about Wills,                                                    Trustee & Guardian as your
                                        if you can't decide for                                                    up to 3 documents for $49.
Powers of Attorney, Enduring                                                  independent executor and
                                        yourself?                                                                  You can be rest assured
Guardianship and advance care                                                 attorney.                            your documents are stored
planning in NSW. Visit www.           • S
                                         peaking for myself:
                                                                              Call 1300 364 103 or visit           securely and are easy to
planningaheadtools.com.au               planning ahead for later
                                                                              www.tag.nsw.gov.au for               retrieve when you need to.
Your Rights at Retirement: A            life decision making.
                                                                              the full range of services and       NSW Seniors Card holders
guide to making decisions and         • Why make a Will?                      brochures, or to locate your         can store up to 3 documents
navigating your entitlements                                                  nearest branch.                      at the discounted rate of $29.
                                      Download copies or order free
in later life is produced by                                                                                       Call 1300 364 103 or visit
                                      printed copies at www.legalaid.         You can also start your Will or
the Australian Human Rights                                                                                        www.tag.nsw.gov.au
                                      nsw.gov.au/publications or              Power of Attorney online with
Commission. It can help you think
                                      call 02 9219 5028.                      NSW Trustee & Guardian. Visit
about the decisions you should
be making for the future, from        Rest assured: a legal guide             www.tag.nsw.gov.au/portal           Where to find
setting up a retirement budget to     to Wills, estates and funerals          Private Guardian Support Unit
                                                                                                                  legal help
options for aged care. Download       in NSW.                                 Provides a free and confidential    See pages 10 and 11 for
it at www.humanrights.gov.au          Get it at your local library or visit   service to help legally appointed   where to get legal help.
or call 02 9284 9600.                 www.legalanswers.sl.nsw.                guardians in their role. Call 02    These specialist legal services can
The Representing Yourself             gov.au                                  8688 6060 or 1800 451 510 or        also help you:
section at www.lawaccess.nsw.                                                 visit www.publicguardian.
                                      Legal Pathways (Council on                                                  Private lawyers
gov.au has practical self-help                                                justice.nsw.gov.au
                                      the Ageing NSW)                                                             The Law Society of NSW Solicitor
information about how to deal         Prepares Wills, Enduring Power                                              Referral Service can refer you to a
with an estate after someone          of Attorney and Guardianship                                                private lawyer who can do your
dies. It includes information about   documents for people on the age                                             Will for you. Call 02 9926 0300 or
funerals, gathering information       pension. To make a booking call                                             1800 422 713 or
about the estate, applying for        02 9286 3860 or 1800 449 102                                                www.ereferral@lawsociety.
probate and administration,           or visit www.cotansw.com.au                                                 com.au or lawsociety.com.au
distributing the estate family        for more information.
provision claims and more.

46                                                                                                                                                 47
PLANNING AHEAD CHECKLIST                                                     NOTES
Think about these things when          	Do you have any specific
planning ahead:                          directions you would like to give
                                         your guardian?
Your Will
                                       	Arrange for you and your
 	What assets do you have?—             guardian to sign the Enduring
   for example, property,                Guardianship document before
   superannuation and investments
                                         a specially qualified witness
 	Who are your beneficiaries?—
   the people who will receive your   Advance Care Planning
   assets                             and Directives
 	What specific gifts you want to     	Discuss your future health and
   make                                  medical care wishes with your
                                         family and doctor
 	Who should be your executor?
                                       	Ask your doctor to document
 	What funeral arrangements do          your Advance Care Plan in your
   you want?                             medical records
 	Who should look after your pets?    	Write down any specific health
Enduring Power of Attorney               care wishes you may have about
                                         your treatment
 	Who should be your attorney?
   —they will make property and       Storage of your planning
   financial decisions for you        ahead documents
 	Arrange to sign your Power          	Decide where to store your
   of Attorney before a specially        planning ahead documents.
   qualified witness and have your       Visit www.tag.nsw.gov.au/
   attorney accept the appointment       willsafe for more information.
Enduring Guardianship                  	Advise loved ones of their
                                         location so they can be
 	Who should be your                    easily found.
   guardian?—the person who will
   make your health and lifestyle
   decisions
 	What decisions will your
   guardian make for you?

48                                                                                   49
MARCH 2020   MARCH 2020
2            6
MONDAY       FRIDAY

3            7
TUESDAY      SATURDAY

4
WEDNESDAY

                                         DID YOU KNOW?
             8                           If your partner or someone
             SUNDAY                      else you were financially
             International Women's Day   dependent on died without
                                         leaving enough for you in
5                                        their Will, you may be able to
                                         make a Family Provision Claim
THURSDAY
                                         in the Supreme Court. You
                                         must make the claim within
                                         12 months of the date of the
                                         person’s death and you should
                                         get legal advice first.

50                                                                        51
MARCH 2020   MARCH 2020
9            13
MONDAY       FRIDAY

10           14
TUESDAY      SATURDAY

11
WEDNESDAY

             15
             SUNDAY
                          DID YOU KNOW?
                          The MoneySmart website has
12                        information about financial
THURSDAY                  abuse warning signs, elder
                          financial abuse and where to
                          get help and support.
                          Visit www.moneysmart.
                          gov.au/life-events-and-you/
                          families/financial-abuse

52                                                   53
MARCH 2020                                          MARCH 2020
16                                                  20
MONDAY                                              FRIDAY

17                                                  21
TUESDAY                                             SATURDAY
                                                    Harmony Day
                                                    International Day for the Elimination of Racial Discrimination

18
WEDNESDAY

                                                    22
                                                    SUNDAY

19
THURSDAY                                                                              Green Tip
On this day in history...
                                                                                      Switch to bamboo
March 19 (1932) – The Sydney Harbour Bridge opens
                                                                                      toothbrushes and help
                                                                                      reduce the amount of
                                                                                      plastic going to landfill.

54                                                                                                                 55
MARCH 2020   MARCH 2020
23           27
MONDAY       FRIDAY

24           28
TUESDAY      SATURDAY

25
WEDNESDAY

                          DID YOU KNOW?
             29           You can leave instructions in
             SUNDAY       your Will for your executor to
                          deal with your digital assets
                          after you die – like social media
26                        accounts, loyalty programs
THURSDAY                  (e.g. frequent flyer points) or
                          online businesses. To learn
                          about planning for your digital
                          assets, visit www.tag.nsw.
                          gov.au to view a free webinar,
                          or call 1300 364 103.

56                                                        57
LEGAL ISSUES                        You could get:                           The lawyer can also tell you        You can call:
FOR ABORIGINAL                      • a payment of $75,000                  about other things you might
                                                                                                                 • the National Redress Scheme
                                                                             need to think about. For
OLDER PEOPLE                        • $
                                       7,000 to help pay for your           example, if you have any debts
                                                                                                                    on 1800 737 377 for more
                                      funeral costs.                                                                information
Older Aboriginal people have the                                             or fines you should speak to a
same issues as any other older                                               lawyer before you apply.            • Knowmore on 1800 605
                                    How can I apply?
person. But some issues may                                                                                         762 for free, confidential,
                                    To get the application form:             Payments for sexual
affect Aboriginal older people                                                                                      independent and culturally
                                    • c all Aboriginal Affairs on           abuse survivors
more than other older people                                                                                        appropriate advice.
                                                                             Because of the Royal
because of history, culture            1800 019 998. They can send it
                                                                             Commission into Institutional       You can get this compensation
and the disadvantage some              to you and help you fill it out, or
                                                                             Responses to Child Sexual Abuse     as well as any Stolen Generations
Aboriginal people may face in       • d
                                       ownload it at                        there is now a National Redress     payment you get.
many areas of life. This topic        www.aboriginalaffairs.                 Scheme for some people to get
covers some of the main things                                                                                   Addition compensation
                                      nsw.gov.au/healing-                    compensation. The scheme will
it is good for older Aboriginal                                                                                  You may be able to get extra
                                      and-reparations/stolen-                finish on 30 June 2027.
people to know about.                                                                                            compensation if you suffered
                                      generations/reparations-
                                                                             You can apply to the National       harm after you were removed.
Reparations for Stolen                scheme
                                                                             Redress Scheme for counselling,
Generations survivors                                                                                            Private lawyers are helping some
                                                                             payments (between $10,000 and
The NSW Stolen Generations          Where to find more                       $150,000) and an apology if:
                                                                                                                 people get compensation from
Reparations Scheme started on       help about the Stolen                                                        the NSW government. They can
1 July 2017 and finishes on 30      Generations scheme?                      • you were sexually abused         tell you if you have a case. The
June 2022. Reparations are a                                                    when you were under 18           amount of money you may get
                                    Talk to a lawyer at Legal Aid
payment from the government                                                     years and                        depends on the injury you suffered
                                    NSW or your local Community
to recognise the hurt caused                                                         it happened before 1 July   and what evidence you have.
                                    Legal Centre. This is free and              „„

when you were forcibly              confidential. Legal Aid NSW                      2018, and                   A lawyer at Legal Aid NSW or
removed from your natural           Lawyers can help you apply.                 „„   an institution was          your local Community Legal
family and community.                                                                responsible for bringing    Centre can help you find the
                                    You can call:
You can get reparations if before                                                    you into contact with the   right private law firm. This is free
                                    • L awAccess NSW to find your                   person who abused you       and confidential.
2 June 1969 you:
                                       local Community Legal Centre
• were removed by, or                 on 1300 888 529, or                   • you were born before 30 June     You can call:
                                                                                2010, and                        • L awAccess NSW to find your
• c ame under the care of, the     • L egal Aid NSW on
   Aborigines Protection or            1800 793 017                          • you are an Australian citizen       local Community Legal Centre
   Welfare Boards.                                                              or permanent resident.              on 1300 888 529

58                                                                                                                                                 59
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