The laws about sexual matters set clear limits for having sex. If police want to question you about an offence, see a lawyer as soon as possible. In Western Australia, people under 16 years old cannot legally consent to having sex, even if they said ‘yes’ at the time. An example of this is the relationship between a teacher and a student, or a sports coach and a team member. To consent to having sex, a person needs to be old enough over the legal age of consent and must freely agree to the sexual activity. Everyone who is old enough has the right to freely decide if they want to have sex or not. Someone who is drunk, drugged, unconscious or asleep can’t freely consent.
Children and Family Law
Wednesday June 14, Download as PDF. The legal age of consent for sexual intercourse depends on the law that applies in the particular country or state where the sexual act takes place. In South Australia this is determined under the Criminal Law Consolidation Act SA , which refers to sexual intercourse with a child as unlawful sexual intercourse.
What the law says. It is a crime to have sexual intercourse with a person under the age of But you might have a defence if you are a similar.
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.
However, it is not an offence if the person honestly believed you were 18 or older. If someone has sex with you or touches you sexually when you are asleep, unconscious or so affected by alcohol or drugs that you are not able to freely agree, it is still a sexual offence.
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
Includes legal age of consent, sexual offences, sexual assault support services, you can have any sort of consensual sex without breaking the law—if you and your Men affected by rape and sexual abuse (MARS) Australia provides help.
For example, there are offences against young children—under the age of 10, 12 or 13 years of age, depending on the jurisdiction  —and offences against older children—generally under the age of 16,  but in some cases 17,  or 18 years of age. Accordingly, the sentences attached to those offences are higher than for those against older children. For example, in NSW, different penalties are provided where the child is under the age of 10 years 25 years imprisonment ; between the ages of 10 and 14 years 16 years imprisonment ; and between the ages of 14 and 16 years 10 years imprisonment.
Historically, there were significant inconsistencies within and across jurisdictions with respect to the age of consent—the age at which young people are considered able to consent to sexual activity— based on gender, sexuality and other factors. Despite significant reforms, some inconsistency remains. For example, Victorian legislation provides that a person must not take part in an act of sexual penetration with a person whom he or she knows to be:.
Legal Aid NSW noted that. In addition, child sex offences attract the provisions of the Child Protection Register set up under the Child Protection Offenders Registration Act NSW , even where the offender and the victim are both children. Accordingly, these issues were not matters on which the Commissions consulted widely. This is consistent with legislation in many jurisdictions and the approach taken by MCCOC, which considered the issue at length and received numerous submissions from a range of stakeholders.
Abortion Law in Australia
In Western Australia, children can start their education in Kindergarten, however compulsory schooling starts the following year in Pre-primary. Enrolments are now open. You can find out what year your children need to start school with our school-age calculator below. All children of compulsory school age must be enrolled in school and attend every day — this is the law.
All children must attend school up until they are 16 years old. Every child from Pre-primary to Year 12 is guaranteed a place at their local public school.
The age of consent in NSW is 16 years. The law says that a person under 16 cannot legally consent to sexual contact, even if they want to. Any sexual contact.
These laws:. We’ve put together an overview of the key legislation in these areas, to help people who work with children. In England a child is defined as anyone who has not yet reached their 18th birthday. Child protection guidance points out that even if a child has reached 16 years of age and is:. In Scotland, the definition of a child varies in different legal contexts, but statutory guidance which supports the Children and Young People Scotland Act , includes all children and young people up to the age of Where concerns are raised about a or year-old, agencies will need to consider which legislation or guidance is appropriate to follow, given the age and situation of the young person at risk.
Paragraph 21 of the National guidance for child protection in Scotland explains how professionals should act to protect young people from harm in different circumstances Scottish Government,
Car seat laws in Australia
Faculty of Arts, Business, Law and Education. Our pathways, programs and teaching excellence ensure we continue to educate remarkable graduates and global citizens. Discover the power of legal thinking. Discover the enduring value of diverse legal minds. Discover your place in law.
The law in NSW In Australia, abortion is legal in all states and territories and doctors are able to perform an abortion after gaining informed consent up to
Book your ceremony. They specify the requirements that a marriage ceremony must meet. There’s no set fee for a wedding ceremony in Victoria. Confirm costs with your celebrant or minister before booking your wedding. On your wedding day, you’ll get a commemorative marriage certificate. It’s not the same as a legal marriage certificate and generally can’t be used for official purposes as proof of your marriage.
In most cases, you don’t need to apply for a change of name to take on your spouse’s family name. See Changing your name after marriage, separation or divorce. Marriages and relationships Getting married in Victoria Victorian Marriage Registry Overseas marriages Get a marriage certificate Register a domestic relationship Revoke a relationship Get a relationship certificate Divorce Register a caring relationship. Deaths Get a death certificate Register a death Grief support Overseas deaths.
Changes and corrections Correct a birth certificate Correct a marriage certificate Correct a death certificate Correct a change of name certificate Changing your name after marriage, separation or divorce Change a name Change a record of sex Correct a relationship certificate. Research and family history Search your family history Research and data services Apply for registry data. Same sex marriage In Australia, the law allows marriage between both opposite-sex and same-sex couples.
Services and information About us.
Some common questions
Deciding to have sex with someone is an important decision. If you think that you are ready to have sex, it is important that you are aware of the different laws about how old you have to be to have sex, and to understand what the law means by sex. Before you have sex, you should talk to a health professional about how to practice safe sex and to make sure you are fully aware of the risks of practising unsafe sex.
It is never okay for a person to have sex with another person who is under 10 years old.
In most emergencies it will not be possible to obtain consent to treatment from the The law on emergency treatment differs across Australia.
Disclaimer: The material in this fact sheet is intended as a general guide only. You should not act on the basis of this information in this fact sheet without first getting legal advice about your own particular situation. The information is based on the laws in Victoria as at November In Victoria you must complete year If you are 17 or over when you finish year 10 you can leave school but if you are under 17 you can only leave school after year 10 if you are either:.
You can also complete a year 10 equivalent at a non-school education or training provider. For more information on leaving school, visit the Department of Education and Training website: www. Anyone over 15 can get a job. If you are 11 or older you can have a job delivering newspapers or flyers and making deliveries for a pharmacist. If you want to work in entertainment, there is no minimum age to be able to work but your employer will need a permit and consent from your parent or guardian.
Factsheet: Emergency Medical Treatment
Log in Sign up. Community groups. Home Baby Buying for your baby Car seats and capsules. In this article What car seat does my child need? When can my child be forward-facing in a seat? When can my child sit in the front seat?
If you’re planning on getting married in Australia, the legal requirements are the same. Evidence of your place and date of birth and evidence of your identity. The DONLIM is a legal declaration that both of you are of marriageable age, are.
Misuse or unjust use of court procedure, e. To suspend a court hearing, usually to a future specified day, but sometimes without setting a future date sine die. Noun: adjournment. A person appointed to manage the estate of a person who has died without leaving a will, or the financial affairs of a person who lacks legal capacity. Fem: administratrix. A person appointed to manage an organisation or business in circumstances such as insolvency or maladministration.
A written statement sworn on oath or affirmed before a person with authority to administer it, such as a justice of the Peace. The person who swears or affirms the affidavit is called the deponent. Affidavits must contain only facts which the deponent can prove. Generally, affidavits are required in court proceedings in place of statutory declarations. A pledge that statements made are true which may be made in place of an oath if an oath is contrary to a person’s religious belief or if the person has no religious belief.
It can be used where a person is giving evidence in a court or where a declaration or affidavit is being made.
The ages of consent for sexual activity vary by jurisdiction across Australia , New Zealand and other parts of Oceania , ranging from age 15 to age The specific activity engaged in or the gender of its participants can also be affected by the law. Below is a discussion of the various laws dealing with this subject. The highlighted age refers to an age at or above which an individual can engage in unfettered sexual relations with another who is also at or above that age.
If you are under the age of consent, the law says that you cannot legally agree to have sex, and any.
We all have sexual rights and responsibilities. We all have the right to decide when, where, in what situation, and with who we would like to be sexual with. We all have the responsibility to make sure that the people we want to be sexual with actively consent to whatever sexual activities you do together. People might consent to one thing or a few things, but not to others.
People might consent to begin with, and then change their mind. Sexual consent means only doing something sexual because everyone involved really wants to and are making an active choice to be involved and continue, not because anyone is feeling pressured or unsure. Consent is all about free and voluntary agreement which means that for consent to be present, the law says that people must:.
The law is clear that we should never assume someone is consenting. We should never assume that a person is consenting because they have said yes at other times or because of their reputation or the way they act or dress. People can show sexual consent by words or actions. We all have the right to react in different ways.
Going on could be sexual assault. Are they showing enjoyment? Is their body language consistent with what they say?
Age of consent in Australia
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
Perth: Department of Health Western Australia; (Revised age of 18 years, and are able to communicate information about rights, responsibilities and relevant deals with foundational legal principles, including duty of care, consent.
In the High Court of Australia decided in Marion that the scope of parental authority did not extend to special medical procedures like sterilisation. It noted that:. The High Court proscribed guiding principles, setting the benchmark for future directions in decision-making for children. Having decided that a sterilisation procedure should be a step of ‘last resort,’ the High Court then acknowledged that:. The decision in Marion reflected a shift in the law in attitudes towards children with disabilities by adopting a rights-based focus consistent with international conventions on human rights, and is an Australian case study of the interplay between law, social theory and disability.
It was seen as a major advance for the human rights of people with disability. The High Court explored policy issues inherent in past discriminatory approaches to people with disabilities, and was especially concerned for girls and women given the social and political history during the infamous eugenics period. From a disability perspective the most significant aspect of Marion is the articulation that children with disabilities have a right to bodily integrity.
The right to bodily integrity is a fundamental principle of common law and by proclaiming that girls and young women with disabilities are entitled to personal inviolability the law treats them as having equal value as other children, and in this way affirms the inclusion of people with disabilities as citizens in the life of the community.