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.
NSW closer to introducing new sexual consent laws
Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory. She also practised in family law after moving to Brisbane in The provision also specifies situations in which a person cannot be found to have consented to sex, such as where they are asleep, unconscious or lack capacity to consent for example, because of age or cognitive impairment. This provision was introduced in and aimed to bring consent laws into line with community standards for sexual behaviour.
As the law currently stands, an accused can be found not guilty of rape if he held an honest belief that the complainant was consenting, even if this belief was not reasonable. That was the case in the acquittal on appeal of Luke Lazarus.
Commonwealth privacy laws regulate the collection and handling of personal that information corrected or verified if it is incorrect, out of date or incomplete.
We endeavour to keep these documents up to date, but please note that the information in the Guides is not a substitute for legal advice. Please contact us for advice if you have a specific legal problem. Please consult your doctor to discuss what constitutes reasonable precautions in your particular circumstances. When are you legally required to disclose your HIV status? Please note — the guide is currently being updated to reflect recent changes to the Public Health Act.
The information on page 3 of the Guide is now out of date and inaccurate. Recent changes to the Public Health Act mean that people with HIV are not legally required to disclose to sexual partners, but are required to take reasonable precautions to prevent transmission of HIV. Please contact us if you have questions, and watch out for an update to the Guide shortly. A guide for people living with HIV in Queensland.
This guide explores when you are legally required to disclose your HIV status as well as non-legal considerations of disclosure.
Sexual boundaries in the doctor-patient relationship
A person accused of rape in NSW could be convicted if their alleged victim said “yes” to sex but changed their mind without saying so, under proposed new laws. The NSW Law Reform Commission has proposed expanding the circumstances in which sexual consent is withdrawn, including when a person “freezes” and can’t say “no”. In the video above, sex educator and author Row Murray explains how parents can educate their kids on sexual consent. The commission has called for legislation to allow a person to withdraw consent “by words or conduct”.
Currently, the Crimes Act provides that consent is given if the person freely and voluntarily agrees to sexual intercourse. The commission has also proposed the law stipulates that consent has not been given unless it is communicated.
New South Wales. Date Filed, NPA & Sub-area, File Title, Docket Judge. 23 July Administrative and Constitutional Law and Human Rights.
NSW would follow the lead of Victoria and Tasmania in amending sexual assault laws to clarify that a person does not consent to sex if they do not “say or do anything” to communicate consent, under a plan designed to ensure a person who “freezes” in fear is not mistaken for a willing participant. The NSW Law Reform Commission published a series of draft proposals late on Friday which it says will strengthen and simplify the “highly complex and controversial” law of sexual consent, following almost formal submissions and responses to an online survey.
Luke Lazarus, son of prominent nightclub owner Andrew Lazarus, was acquitted of sexual assault. Credit: Facebook. Its proposals were welcomed by the peak bodies lobbying for the changes, including Domestic Violence NSW, but have already provoked debate among criminal defence advocates and the Australian Lawyers Alliance, which accused the commission of caving in to lobby group pressure. The Berejiklian government commissioned the review of consent laws in May last year following the high-profile acquittal in of Luke Lazarus, who was accused of raping an year old woman, Saxon Mullins, in an alleyway behind his father’s Kings Cross nightclub in The NSW Court of Appeal found the District Court judge who acquitted Mr Lazarus after a retrial failed to comply with a statutory requirement that she consider the steps Mr Lazarus took to ascertain consent.
However, it left his acquittal in place on the basis that a third trial would be “oppressive” in the circumstances. Among the submissions to the review was a controversial proposal by the NSW Bar Association to water down sexual assault laws by removing or reducing criminal sanctions for offenders who had an honest but mistaken and unreasonable belief a person was consenting to sex.
The commission did not endorse this proposal. In a centrepiece reform, it proposed changes to bring NSW into line with Tasmania and Victoria, where the criminal law states explicitly that a person does not consent to sex if they do not “say or do anything” to “communicate” or “indicate” consent. The new law would recognise that “a person who ‘freezes’ out of fear and is unable to communicate does not consent”, the commission said.
It said the objectives behind the “communicative model of consent” already underpinned NSW law, as in Victoria and Tasmania, but it sought to “strengthen” this with the proposed changes. Domestic Violence NSW chief executive Joanne Yates said the “improved definitions of consent” were a “really positive” step and the proposed interpretive principles were “very, very important
Family Court of Australia
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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.
Under Australian family law, children have a right to enjoy a meaningful Jesse and Shayna were in a dating relationship for five months, during which time.
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.
Record Intimate Images without Consent
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The laws, penalties and defences that apply to charges of incest in New South Wales.
The Association of Corporate Counsel ACC is the world’s largest organization serving the professional and business interests of attorneys who practice in the legal departments of corporations, associations, nonprofits and other private-sector organizations around the globe. When entering into a contract it is important to recognise and understand the legal system which governs the contract – both in its formation and in case of any disputes.
In today’s international marketplace, entering contracts with Australian counterparties, or contracts said to be governed by the law of Australia or a particular Australian State or Territory is not uncommon. The purpose of this article is to provide a high level overview of key aspects of Australian contract law for those doing business in Australia or entering into contracts governed by Australian law.
Australian contract law is based on the English common law, rather than on any codified or statute law. The basic principle of Australian contract law is freedom of contract, under which parties are at liberty to strike whatever bargain they choose. These broad statements of principle are affected by some important legislation, notably, the Competition and Consumer Act Cth , which cannot be contracted out of and may result in legislative rights which override contractual rights in certain circumstances.
No special forms or procedures are required, although it is good practice to record the terms of a contract in writing as Australian courts will give considerable weight to the expression of the parties’ intentions evidenced in documentary form. Nonetheless, Australian law recognises oral contracts except in relation to the transfer of land.
Similarly, there is no fundamental principle of contract law that prevents contracts being formed electronically. Consequently, the laws applicable to contracts online are the same as those applicable to non-virtual transactions.
Former NSW minister charged over historical child sex allegations, including child prostitution
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.
to consent laws by the NSW Law Reform Commission mean fraudsters who lie about themselves in order to “catfish” people on dating apps.
This section will assist you to find legislation and parliamentary materials. We have included a video and facts sheets about how laws are made. The following video was created by Queensland University of Technology Library in to assist students locate legislation. Online versions of legislation are freely accessible via the official Government websites. These are where you will find the most up-to-date versions of the legislation. Australian Capital Territory.