South Australian Attorney-General's Department

Term

Description

Aboriginal origin

A person who self-identifies, or is identified as, being of Aboriginal heritage.

Accused

A person who is alleged to have committed an offence.

Acquit

To find an accused person not guilty at a trial.

Action

An approach that has been chosen, after considering a number of alternatives, as a means to achieve a particular goal.

Administrator

A person who has the right to make decisions for another in relation to their financial and legal affairs.

Advocacy

Representing the concerns and interests of vulnerable members of the public, speaking on their behalf and providing training and support to enable them to represent themselves.

Affidavit

A sworn or affirmed written statement which may be used as a substitute for oral evidence.

Bail

Once a person has been arrested and charged with an offence, that person must remain in gaol unless that person has legal authority to remain out of gaol. When a person receives such authority that person is said to have been granted bail. Bail may be on the accused’s own undertaking to appear or with sureties (promises made by others) and subject to conditions.

Civil law

Process by which grievances between individual private citizens are settled.

Consumers

Those people who make contact with the department and seek our services.

Counsel

Another name for barristers or legal advisers. Can be either 'prosecution counsel' or 'defence counsel'.

Criminal law

Criminal law is a body of rules and statutes that defines conduct prohibited by the state because it threatens and harms public safety and welfare. It specifies offences and their punishments.

Crown

The Crown refers to the legal authority of state or federal government.

Customers

Any person, organisation or agency that has had contact with the department in relation to our services and any person likely to make contact with the department to seek our services in the future.

Declarations

A written witness statement given to police, signed by the person giving the statement.

Election

The method by which citizens select their representatives for the Parliament.

Enduring Power of Guardianship

An Enduring Power of Guardianship is a legal document appointing a person to make personal and lifestyle decisions for you, should you become unable to do so.

Forensic Science

The use of science or technology to investigate and establish facts or evidence in a court of law. Forensic scientists search for and examine physical evidence to establish or disprove links between material or a person and the scene of the crime or another person.

Goal

A preferred long-term outcome that the organisation’s efforts are intended to achieve.

Guardian

A person who has the legal right to make decisions for another anout where they live, health and/or lifestyle matters.

Indictable Offence

An offence for which the accused has the right to be tried by judge and jury. Minor indictable offences carry potential prison sentences of two to five years; major indictable offences, five years or more. Indictable offences are tried in the District or Supreme Court and are prosecuted by the Director of Public Prosecutions.

Indigenous Land Use Agreement (ILUA)

A voluntary agreement about the use and management of an area of land or waters, made between one or more native title groups, and others (such as miners, pastoralists, governments). Once on the register of ILUAs an agreement is legally binding on the people who are party to it, and all native titleholders for that area. Acts done in accordance with a registered ILUA are valid.

Justice of the Peace

Person able to witness legal documents. Although a notary public is required to witness documents for use by foreign courts or authorities, a justice of the peace is able to authorise documents for Commonwealth Nations.

Key Performance Measure

Those measures we will use to gauge how we are progressing towards meeting our goals.

Key Result Area

An area of strategic importance that the department considers is important to invest resources in to progress its performance.

Legal Aid

Government funded, means-tested financial assistance to pay legal fees.

Legislation

Bills passed by the Parliament, which as Acts become the State's laws.

Liability

Any legal responsibility, duty or obligation

Media

Channel for mass communication of information to general and/or specific audiences (electronic media-radio, television, film; print media-newspapers, magazines).

Nolle Prosequi

A decision by the Director of Public Prosecutions not to proceed with the prosecution. The formal recording of that decision by the court. This decision is taken when it is indicated as appropriate by the Statement of Prosecution Policy and Guidelines (available on the ODPP website - www.dpp.sa.gov.au.)

Objective

An achievement to be attained at some specific date directly linked to the achievement of a goal.

Power of Attorney

A power of attorney is a legal document by which a person appoints someone else, usually a trusted family member or friend, to act as their agent with authority to deal with and manage their property and other financial affairs.

Role

A precise statement that identifies why the organisation exists.

Statutory

Actually written down in legislative form, as in an Act of Parliament (as opposed to case law, which is developed from individual court cases).

Subpoena

A legal document requiring attendance in court to give evidence and/or the production of a document or exhibit.

Summary Offence

An offence with a maximum possible prison sentence of less than two years. Generally tried in the Magistrates Court and prosecuted by the Police.

Translation service

A service that converts written documentation, flyers, books, manuscripts etc from one language to another. Translations are never word for word equivalent, but convey sense equivalence in a linguistically and idiomatically accurate fashion.

Trust / Trustee

A trust is an equitable obligation binding a person (who is called the trustee) to deal with property over which he/she has control (which is called the trust property) for the benefit of persons (who are called the beneficiaries) of whom he/she may be one, and any one of whom may enforce the obligation.

Values

Attitudes and beliefs that underpin our operating behaviours – what we are committed to as an organisation in how we go about our work.

Will

A Will is a legal document which will take effect after your death and should clearly define who handles your estate and how you wish your assets to be distributed. A Will must be in writing (handwriting, type written or a combination of both) but it must be signed by the person making the Will and two, preferably independent witnesses.

Work experience

A consumer who is undertaking paid or unpaid work experience or a work trial.