Australian lawyer explains legal risks for teenagers — ABC News Australia
In Australia, lawyer Guglielmo Plain, who specialises in working with young people at the Uniting Communities Law Centre, answered teenagers’ questions about criminal liability, smartphone privacy, behaviour in a group of friends and sharing content on social media. As ABC News Australia reports, the rules may differ depending on the state or territory.
Criminal liability of minors
Plain noted that the common belief that a criminal record automatically disappears after turning 18 is mistaken. According to him, the consequences depend on the seriousness of the offence, whether it is repeated, and the court’s decision. A one-time minor offence may not be included in a criminal record, while serious or repeated offences may be taken into account by the court in its records.
The minimum age of criminal responsibility in the Australian Capital Territory is 14, in Victoria it is 12, and in New South Wales, the Northern Territory, Queensland, South Australia, Tasmania and Western Australia it is 10. According to the lawyer, particularly serious offences resulting in a lengthy stay in a juvenile detention facility may remain on record for life.
Phones and liability in a group
According to Plain, parents generally have the right and duty to ensure their children’s safety and can therefore check their phones. At the same time, the limits of such control depend on the child’s age. Constant monitoring, stalking or improper use of data from a device that causes serious psychological harm or distress may go beyond legal boundaries.
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The lawyer also drew attention to the concept of joint criminal liability, known as joint criminal enterprise. According to him, in some situations several people may be charged in connection with a single event, while the punishment will depend on each person’s actions. Plain advised teenagers who see a possible offence within a group to step away from the situation and not take part in it.
Social media, consent and intimate photos
Among common risks, Plain named publishing or sharing videos of fights and crimes. Such recordings may become evidence for police, and some states have provisions establishing separate liability for posts about crimes, particularly when they are presented as a reason for boasting. This may also apply to reposts of other people’s content.
Separately, the lawyer mentioned the issue of sexual consent: the age of consent is 16 in most states and territories, but 17 in South Australia and Tasmania. He also warned against sharing nude photos of people under 18, as, according to him, this may be classified as distributing sexual material depicting children. In the event of contact with police or doubts about one’s rights, Plain recommended seeking legal assistance as soon as possible.
