The changing Meaning of Unlawful Abortion in Australia. Major Issues Summary. The vexed question of abortion law reform was unexpectedly back in the news in Australia earlier this year. In February it was announced that two Perth doctors were to be prosecuted under the Western Australian laws that make abortion a crime. These were the first charges laid against medical practitioners under those Western Australian laws in over 30 years. The political events that followed this decision ultimately culminated in the passage by the Western Australian parliament of legislation introducing what is in many respects the most liberal abortion law in Australia. The legislation passed with some amendments on 20 May The question of when, if ever, performing an abortion will be morally justified is one that endlessly consumes many philosophers, theologians, feminists, social scientists and legal commentators.
Age of consent laws
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Age of consent is the age at which the law says that a person is old enough to legally YFS Legal is funded by the Australian Government and the Queensland.
If you require assistance or would like to talk to a trained professional about the issues described in this paper, please call Kids Helpline on 55 or Lifeline on 13 11 This document is provided as a guide only. Information is current up to the date of publication. Individuals are encouraged to check the currency of any information that is provided by contacting relevant departments or organisations. This resource sheet is designed to inform practitioners and researchers about age of consent legislation in Australia.
If you are a young person seeking advice on sexual relations please refer to some of the following websites:. Age of consent laws attempt to strike a balance between protecting children and young people from exploitation and other harms, and preserving their right to privacy and healthy sexual development. Young people at the age of consent are viewed by law to have general sexual competence to enforce personal boundaries and negotiate the risks involved in sexual activities.
When an adult engages in sexual behaviour with someone below the age of consent, they are committing a criminal offence child sexual abuse.
Federal Register of Legislation – Australian Government
Donate and support us. Talkline Each state and territory has different laws.
What is the age of consent? In Western Australia, people under 16 years old cannot legally consent to having sex, even if they said ‘yes’ at the time.
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Children and the law
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.
If you are aged years old, you can legally have sex with another person who is less than 2 years older than you as long as you both agree to it.
6 Act not to exclude operation of certain State and Territory laws Part IV—Solemnisation of marriages in Australia that shows the text of the law as amended and in force on 21 October (the compilation date). Authorisation of marriage of person under age of 18 years in exceptional circumstances 9.
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The Crimes Act has a number of important provisions dealing with sexual offences and the age of consent for sexual intercourse. While there are a variety of sexual offence provisions within the legislation, those with specific importance for departmental staff are:.
Children and Family Law
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.
Age of consent · Under 12 years old 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.
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.
Factsheet: Emergency Medical Treatment
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 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 more information about any of the issues discussed, please call our Legal Advice Line. To print an easy to read factsheet, click here. Click here to read out tips for women attending Family Dispute Resolution. Click here to read our checklist of some parenting issues to consider. Arrangements for the children can be informally agreed between the parents, set out in a written and signed parenting plan or made into court orders.
Court orders are often made by consent, reflecting the agreement of the parties.
Some common questions
Follow our live coverage for the latest news on the coronavirus pandemic. That a woman may ” freeze ” rather than fight back against a sexual assault is a common and well-documented reaction. She might judge her attacker as too dangerous to take on; she might be temporarily paralysed and unable to move or scream; she might even reasonably believe the only way out is through — to endure the rape and “get it over with” rather than risk escalating or prolonging it.
This response — and the fact that not fighting back does not mean someone is consenting — is also recognised in Australian rape laws, which have been reformed and refined over the years to better reflect social attitudes towards consent. Consent cannot be established, in other words, by pointing to a complainant’s lack of physical resistance: “She didn’t forcefully say ‘no’, so that means she said ‘yes’.
But in Queensland, a century-old legal loophole is allowing defendants in sexual assault cases to escape accountability by doing exactly that.
Do Australian website Privacy Policies meet UK and EU law? For sending emails without consent, individuals can be fined $8, for each breach that websites not collect information from children under 13 years of age.
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 with someone under 16 is a crime in NSW and the other person can be charged with an offence. However, if two people under the age of 16 have sex and both want to, the police will not usually treat this as a crime.
I was really upset after it happened so I told my mum. She took me to the hospital and helped me report to the police. The police explained that because I am only 13 I could not legally consent to having sex — it was sexual assault what he did to me and it was ok to be upset about it.
Ages of consent in Oceania
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.
Here is an overview of relevant Australian federal law and state laws. Sharing private sexual material without consent is a crime in Australia and you can report it.
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? What if my child doesn’t fit in the seat that’s required for her age? Does my child need a car seat in a taxi or bus? How do I know if a car seat is approved? More information about car seat laws in Australia. References CREP. Legal requirements.