Infosheet 7 – Making laws

What is the age of consent in Australia? Either 16 or 17, depending where you live. In most states and territories in Australia the legal age of sexual consent is In South Australian and Tasmania it is The reason for age of consent laws are for the protection of children from sexual predation and exploitation. Historically, the age of consent has varied throughout the world. In the UK in the 13 th Century it was as low as But since the early 20 th Century, most countries throughout the world have raised the age to at least

Is it illegal to have consensual sex with someone who lies about their age?

The medical practitioner must also seek the written opinion of at least one other medical practitioner who personally examines the child before the treatment is commenced. NSW In NSW, section 49 of the Minors Property and Contracts Act recognises consent by a child 14 years or older, and by parents when a child is 16 years or younger, in relation to assault and battery claims about medical or dental treatment. However, these provisions are concerned with legal protections for doctors and dentists, and do little to clarify the power of a child or young person to give consent.

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This can have implications for people who are not Australian citizens — particularly LGBTQIA couples — who intend to return to their country after getting married in Australia. It has some useful information about migrating to Australia. This new definition became law on 9 December State and territory governments have been required to align their laws and regulations with this new definition. At the time marriage equality became law in Australia, some state-based laws and regulatory requirements made it more difficult for some members of the LGBTQIA community to assert their right to get married than the majority of the population.

That has now been fixed. Not be marrying a parent, grandparent, child, grandchild, brother or sister including by adoption. Be at least 18 years old , unless a court has approved a marriage where one party is between 16 and 18 years old. Approval will not be given if both parties are below 16 years. Give your celebrant written notice of your intention to marry, within the required time frame. I clarify this further in the next section.

There are notes on the NOIM to help you fill it out.

Workplace privacy

Should a person under the age of 18 years be permitted to acquire adult status in any circumstances? Its function is to undertake an examination of the law with a view to formulating proposals for reform. It is the Commission’s function:. The Attorney General requested the Commission in December to undertake an examination of, and conduct research into, the law relating to majority and, if though fit, to formulate proposals for its reform and submit them to him.

In most states and territories in Australia the legal agent of sexual consent is In South Australian and Tasmania it is The reason for age.

For people under 18, non-consensual sexting is illegal and penalties can be very serious. With modern technology this can be done instantly, but it can have serious and lasting consequences. Once digital images are sent, they are no longer private and you have lost control of them. You can’t get them back. They can resurface again when least expected. They can be published and found by anyone, including friends, family members, complete strangers, and sexual predators. Images can be used to exploit, bully and harass individuals and they can also be used as a form of black mail known as ‘sextortion.

A naked or sexually explicit picture or video of a person under the age of 18 years is by legal definition child exploitation material and the making, transmission and possession of such images can result in serious criminal charges. To ensure that young people under the age of 18 years who engage in consensual ‘sexting’ are not treated at law the same way as a child sex offender, there have been amendments to the law in Victoria to protect young people from criminal charges in certain circumstances.

These are:. There is no threat, fear, coercion, threat to share or sharing of the image.

Federal Register of Legislation – Australian Government

What do the new intimate image laws do? When can someone be charged under the new intimate image laws? WA Police will not have the power to investigate intimate image complaints which occurred prior to that date. The new laws have made it an offence to distribute an intimate image without the consent of the person in the image.

This includes one to one sharing, posting on social media or through the regular mail , uploading to websites, or photocopying images and then displaying it where others can see; and sending images by text or mobile telephone applications.

Commonwealth privacy laws regulate the collection and handling of personal information These are known as the Australian Privacy Principles (APPs). whether to disclose personal information about an employee without their consent.

The age at which a person is deemed legally competent to consent to sexual activity varies widely around the world – and even within Europe. Most countries prohibit sex with unders or unders, but in some places the age of consent is as low as 11, or as high as However, even within counties this can vary widely between males and females and in cases of heterosexual and homosexual sex. In the UK, the age of consent stands at 16, regardless of gender or sexual orientation. So how does this compare with the rest of the world?

Children as young as 14 are considered able to consent to sex in Germany, Austria, Hungary, Italy and Portugal.

Law for young people fact sheet

Compilation No. About this compilation. This is a compilation of the Marriage Act that shows the text of the law as amended and in force on 21 October the compilation date. The notes at the end of this compilation the endnotes include information about amending laws and the amendment history of provisions of the compiled law.

It is a defence if the person believed on reasonable grounds that you were over 17 years of age. Your consent to sex will be a defence if you.

If you are under 18 years of age the following legal terms may be used to describe you: a child, a minor, a youth or a young person. The term young person is probably the best to use. Currently you have to go to school until you turn In all Tasmanian students have to participate in education and training until they complete Year 12, attain a Certificate III, or turn 18 years of age whichever comes first. If you have finished Year 10 you can get an apprenticeship or traineeship under a training contract as one of the education and training participation options.

Generally there is no minimum age to start casual or part-time work in Tasmania but there are age restrictions for certain types of work. For example , you must be 18 years of age to work behind a bar. You must be 18 years of age to drink alcohol on licensed premises. In some circumstances it may be legal to consume alcohol in a responsible manner on private property under the supervision of a responsible guardian.

Alcohol laws for under 18s

Consensual sex is when both parties are of legal age, agree to engage in intercourse by choice, and have the freedom and capacity to make that choice. This means agreeing to sexual relations without fear, coercion, force or intimidation. Giving consent is active, not passive. In Western Australia, the legal age for males and females to consent to sexual activity is 16 years of age.

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The law in Victoria sets clear age limits for when you can legally have sex. This is called the age of consent. A person can be charged with a sexual offence if they perform a sexual act that breaks these age limits, even if the younger person agrees to it. The age of consent for same-sex relationships is the same as it is for heterosexual relationships.

If you are under 12, a person can’t have sex with you or touch you sexually or perform a sexual act in front of you, even if you agree. However, it is not an offence if the person honestly believed that you were 16 or if there was less than a two-year age difference between you. This is exactly two years. For example, if a person is 17 and has sex with someone who is 15, it is not a crime. But if the person was 18, it is a crime unless the person believed the person was 16 or older.

A person who is caring for you or supervising you, like a teacher, youth worker or foster carer, can’t have sex with you or sexually touch you or perform a sexual act or indecent act with you or in front of you, even if you agree, unless they are married to you.

Sexual Harassment Law in Australian Workplaces

Coronavirus information : Find out about your workplace entitlements and obligations during the impact of coronavirus. We have information about the JobKeeper wage subsidy scheme , pay and leave entitlements , stand downs from work , workplace health and safety , and more. Employers should implement best practice when it comes to maintaining privacy in the workplace.

It is important for employers, employees and their representatives to know what information may be collected and retained by employers and whether it can be passed on to others. Best practice creates certainty and security for both employers and employees.

6 Act not to exclude operation of certain State and Territory laws Part IV—​Solemnisation of marriages in Australia Act that shows the text of the law as amended and in force on 21 October (the compilation date).

The Age of Consent in Australia is 16 years old. The age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. Individuals aged 15 or younger in Australia are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape or the equivalent local law.

Australia statutory rape law is violated each of Australia’s territories has local laws specifying an age of consent, which ranges from a low of 16 years old to a high of 17 years old. Several territories also have close-in-age exemptions. Australia has ten territories that have their own local age of consent laws. These territories are listed in the following table:. Australia has a close-in-age exemption. A close in age exemptions, commonly known as “Romeo and Juliet law” in the United States , is a law designed to prevent the prosecution of underage couples who engage in consensual sex when both participants are significantly close in age to each other, and one or both are below the age of consent.

Depending on the situation, the Australia close-in-age exemption may completely exempt qualifying close-in-age couples from the age of consent law, or merely provide a legal defence that can be used in the event of prosecution. The Age of Consent ranges from as low as 11 to as high as 20 years old across the world.


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