What young people want to know about the law

Young people sometimes make decisions that can get them in trouble with the law; maybe you have experienced that yourself. 

However, the law can seem like a maze of grey areas, not only to young people. 

For parents and guardians, there are also many instances where you may find yourself crossing a legal line without even knowing it.

BTN High has asked lawyer Guglielmo Plain, who specialises in working with young people at the Uniting Communities Law Centre, to break down some of the big legal issues on the minds of young Australians.

If I commit a crime when I'm under 18, will I have a criminal record for the rest of my life?

– Akunsha, 12

Mr Plain says it's a common misconception that a person's criminal history disappears when they turn 18.

"The reality is a lot more complicated," he says.

"Firstly, if you're under the age of 10 or 12, depending on from state to state, then it may be that you can't be charged with a criminal offence."

The minimum age of criminal responsibility is:

• Australian Capital Territory – under 14
• New South Wales – under 10
• Northern Territory – under 10
• Queensland – under 10
• South Australia – under 10
• Tasmania – under 10
• Victoria – under 12
• Western Australia – under 10

Beyond those ages, but before 18, there are a few caveats.

"Firstly, how serious the offence was. So, if the offence was not very serious or it was a one-off, there is a chance that it's not going to appear on your criminal history," Mr Plain says.

"However, if the offending was much more serious or there's lots of offending over a period of time, then the courts can decide to record those offences.

"And then finally, if the offence is very, very, very serious and it leads to a long period in custody, like youth detention, then it could stay on your record for the rest of your life."

Mr Plain says it's also important to remember that working-with-children checks, and any cases that go through court, will always be on record.

"So in summary, don't offend. That's the best advice I can give you. But the law does take into account that kids do stuff, and they try not to ruin a kid's life for the rest of their life because they've done something."

Can my parents legally look through my phone whenever they want?

– Nithum, 13

Mr Plain says there are two sides to this question: a legal side and a practical side.

"The general answer is yes, because parents have broadly the right and responsibility to keep children safe. But what that kind of surveillance looks like when you're 12 or when you're 17 is going to be very different.

"It's worth remembering that parents are people like anybody else, so that means they could be charged with things like stalking, harassing, and in some states there's legislation around coercive control."

Mr Plain says if a parent is causing serious mental harm or distress by doing things like constantly tracking, harassing or checking phones inappropriately, that could be moving into an illegal space.

"And certainly, if there are family law issues where, for example, a parent is using information that they've taken from your phone towards another parent where they're divorced and stuff like that, it could be a really serious problem as well."

If you're unsure where the legal lines are, Mr Plain says it's important to contact a lawyer, child protection agency, school counsellor or an organisation such as 1800RESPECT.

"They might be able to give you a bit of a reality check about whether the stuff that your parents are doing is just good parenting, but might be annoying, versus something that is actually not OK."

If I'm with my friends while they're breaking the law, even if I don't do anything, will I still get in trouble for it?

– Emily, 15

In cases like this, there is a concept called joint criminal enterprise, which basically means that courts will charge groups of people collectively with the same thing. Where there may be differences is in sentencing, Mr Plain says.

"In other words, in what comes out at the end in terms of whether you go to jail or you get a family conference or whatever, depending on what each person has done," he says.

"My advice is if you are hanging out with a group of people that are doing something that you reckon is illegal, the best way for you to avoid getting into any sort of trouble is to actively move away from that situation, actively try and discourage them, or if they're not being discouraged, just walk the other way."

Mr Plain says he has represented clients who had charges against them completely dropped after CCTV evidence showed them simply walking away from a group incident.

"Generally, try and move away. That's the best answer I can give."

What are some laws teenagers misunderstand?

– Riley, 15

There are quite a few laws that commonly get misunderstood. Mr Plain says posting or sharing videos of fights or crimes on social media often gets young people in trouble.

While it's best not to record offences in the first place, he says if you do, there are a couple of reasons why you shouldn't post it on social media. 

"One, it's pretty dumb because you're basically giving all that evidence that police want, handing it over to them on a silver platter, ready for them to prosecute you or anybody else who's involved," he says.

"Secondly, in a lot of states there's what's called post-and-boast laws where basically you can get charged with an offence separately because you posted something about a criminal offence, especially if you're posting it in a way that sort of makes it look like it's cool or great or awesome or whatever.

"So even if you weren't involved, even if it was somebody else's content and you repost that, in some states that can get you into trouble."

Mr Plain says sexual consent is another area where young people can get into serious trouble. The age of consent in each state and territory is:

• Australian Capital Territory – 16
• New South Wales – 16
• Northern Territory – 16
• Queensland – 16
• South Australia – 17
• Tasmania – 17
• Victoria – 16
• Western Australia – 16

"What you need to keep in mind is just because you're both under that age, you're not actually able to consent. Therefore, potentially you could both get into trouble for it," he says.

While it isn't common for police to charge in those cases, Mr Plain says if parents get involved, or one of the partners gets upset, it can become a legal issue very quickly.

Then, there is the issue of naked pictures.

"If you're distributing nudes and you're under the age of 18, that's technically distributing child pornography.

"All around, sending nudes of people who are not 18 is a really terrible idea, and probably even of people who are 18 is probably not a fantastic idea either."

This is not legal advice

It's important to remember that laws differ in every state and territory, and Mr Plain says it's best to contact a lawyer within your state or territory to get the best advice.

If cost is an issue, Mr Plain says there are plenty of free options no matter where you are in Australia, such as community legal centres.

"Basically, if you are getting in trouble with police, if anything's happening and you think, 'I don't know what my rights are here', it's best to get in touch with a lawyer sooner rather than later and have a pretty frank conversation with them about what your issue is."