What young people want to know about the law
From criminal records and phone privacy to social media, consent and hanging out with mates, a lawyer breaks down some of the legal traps every young Australian, and their parents, should know about.
Young people often find themselves entangled in the complexities of the law, a situation that can be particularly bewildering for parents and guardians. A lawyer specializing in young people's legal matters, Guglielmo Plain, has broken down some of the most pressing legal issues faced by young Australians. It is a common misconception that a criminal record vanishes upon turning 18, but the reality is far more nuanced.
The minimum age of criminal responsibility varies by state, and factors such as the seriousness of the offence, frequency of offending, and the severity of the consequences all play a role in determining how long a criminal record will persist.
Parents and guardians must be aware that the law allows them broad rights and responsibilities in safeguarding their children. However, the methods of surveillance employed by parents can significantly differ depending on the age of the child. While parents have the right to ensure their child's safety, actions such as constant tracking, harassment, or inappropriate phone checking in certain states could cross the line into illegal territory.
Furthermore, involving parents in family law disputes, either through using private information against them or by breaching joint custody agreements, can escalate into serious legal complications.
In cases of doubt, consulting a lawyer, child protection agency, school counsellor, or organizations like 1800RESPECT is advisable. These professionals can provide clarity on whether the actions of parents are justified or constitute a breach of law. The legal principle of joint criminal enterprise implies that groups of individuals can be held collectively responsible for a crime, though sentencing disparities may arise based on individual contributions.
Young Australians must also be cautious about the content they share online. Posting videos of fights or crimes on social media can be disastrous, as it provides prosecutors with strong evidence against them. Additionally, sharing explicit images of individuals under 18 constitutes child pornography, regardless of the age of the participants.
It is crucial to understand that laws vary across different states and territories, making it essential to seek legal advice whenever in doubt. The best advice for young people is to avoid illegal activities altogether and, if faced with a group engaging in such behaviour, to distance themselves and discourage involvement.
Written by urgent.news from ABC News AU's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
