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Young people and the Law

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The information on this page is about common legal issues for young people in Victoria.

Know your legal do's and don'ts. Understand your rights. Look after yourself and your friends.

Young people and police

Laws that apply to adults also apply to people aged 17 and under. However, in some circumstances the police must treat young people differently. There are special conditions for people under 18 about things like fingerprinting and being questioned by police.

See Young people and police.

Alcohol and fake IDs

It's an offence to pretend to be over 18 to buy alcohol or enter a place licensed to sell alcohol.

Altering an ID card to make it look like you're 18 or older or giving someone else a fake ID is also against the law. It's also illegal to let someone else use your own ID.

In a lot of public places, it's an offence to have or drink alcohol. It's illegal to be drunk in public.

If the police pick you up, they may give you an on-the-spot fine or lock you up in custody. They'll probably take your alcohol off you too.

Read more about underage drinking.

Public behaviour

There are also laws about how you behave in public. For example it is against the law to behave in public:

in a disorderly way

in an offensive way (swearing or using abusive language)

in a threatening or violent way (including using threatening language).

It is also against the law to urinate in public. You could get a fine if the police catch you.

You don't need someone to complain about you to get into trouble. The police can charge you if they believe you're committing a public nuisance act.

Read more about behaviour in public that is against the law.

Having consensual sex

You and your partner must both consent to having sex - that means agreeing voluntarily and with a clear mind. This is more than just saying 'yes' or 'no'. It's also about these things:

being the legal age to consent

feeling safe - having sex without pressure or fear

understanding - being sober and drug-free, being awake and in control, and not having a mental or physical disability that's so severe that it prevents you from understanding what's going on

not being from the same family - this includes half siblings and step siblings.

Always double-check that the person you want to have sex with is sober and is comfortable with the decision to have sex.

The legal definition of 'having sex' isn't just about penetration. It also includes masturbation and fingering, oral sex, anal sex and sexual touching (touching breasts and other sexual body parts). See Sex and the law.

You also need to be legally mature enough to consent to a sexual relationship. The law sets clear age limits for having sex.

If you are thinking about having sex, you need to understand your rights and the law, as well as the physical and emotional consequences. You may need information about getting contraception and dealing with unplanned pregnancy.

Sexual harassment and assault

Sexual assault is an offence.

Sexual harassment can be a form of sexual assault. This includes anything that makes you or another person feel uncomfortable, offended, intimidated or humiliated. It can include unwelcome sexual attention, unwanted sexual touching, staring, wolf-whistling, dirty jokes and requests for sex.

Naked 'selfies'

It's illegal to film or photograph people having sex without their consent.

If you create, possess or transmit (send or forward) images of people under 18 having sex or posing in sexually explicit ways, this could be child pornography.

Taking part in child pornography is illegal. You could get into very serious trouble with the law for creating, possessing or transmitting it, even if everyone involved in the photos or videos wanted to do it. You might end up on the sex offenders' registration (if found guilty, anyone over 18 definitely will).

If you get an explicit image or video of anyone who looks even remotely like they might be under 18, always delete it. Even images and videos stored in your inbox are illegal.

Read more about sexting and child pornography.

Bullying online or at school

Bullying is never ok. In the most severe cases, bullying behaviours can now be treated as a crime in Victoria. This includes bullying over the internet or via mobile phone.

Read more about bullying online or at school.

Driving

There are a range of laws to do with the different types of traffic offences. This includes special laws apply to learner and probationary drivers and hoon driving (reckless driving behaviour that puts the public at risk).

Criminal records

If you have been found guilty of a criminal offence, it will be included in a police record of your criminal history, also known as a criminal record. You may also get a criminal driving record from VicRoads for traffic offences.

Having a criminal record or sex offenders' registration can have bad consequences for your future - your relationships, employment and travelling overseas.

Child abuse and neglect

The law says that young people must be protected from harm, including child abuse and neglect.

If someone believes that you are at risk of being hurt or neglected they can tell the Department of Human Services.

Read more about what may happen if the Department of Human Services becomes involved with you and your family.

Work

If you have a job you should understand your legal rights and responsibilities as a worker, including employment contracts and conditions, entitlements and workplace safety.

There are also laws about employing young people under the age of 15. Employers can be fined if they don't comply with these conditions.

Public transport

If you are getting around by train, bus or tram, you should be aware of the laws relating to ticketing and behaviour on public transport.

More information

For more information about the law and how we can help you call Legal Help on 1300 792 387, Monday to Friday from 8.45 am to 5.15 pm.

You can also download ​ Am I old enough? - a booklet about what you legally can and can't do because of your age.

Some other helpful websites inlcude:

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Legal rights and responsibilities for young people

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The information on this page is about common legal issues for young people in Victoria. Know your legal do's and don'ts. Understand your rights. Look after yourself and your friends. Laws that apply to adults also apply to people aged 17 and under. However, in some circumstances the police must treat young people differently.

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Name and address

Authorised officers can only ask for your name and address if they believe 'on reasonable grounds' that you have committed or are about to commit an offence related to your use of public transport. This may include travelling without a valid ticket. The officer must tell you why they believe this, so that you understand what the offence is.

If you refuse to give your name and address, or give false information, you may be charged with an offence and can be arrested.

Authorised officers can ask you to prove that your name and address is correct if they believe on reasonable grounds that the details are false. They will often check, or ask to call a relative.

Powers of detention and arrest

Authorised officers can only detain or arrest you without warrant if they believe on 'reasonable grounds' that it is necessary, for example, to make sure you go to court. They must use no more force than is reasonable to detain you. What is reasonable depends on the circumstances.

They must hand you over to the police as soon as possible.

If you are fined

If you get a fine and you disagree that you committed the offence, get legal advice before paying the fine. You can choose to have the case heard by the Children's Court if you were under 18 when the offence happened.

Code of conduct

Under the code of conduct for authorised officers, they must:

provide good customer service to all public transport customers

assist the travelling public with all aspects of public transport services which includes helping to ensure a safe network

act as a deterrent to vandalism, fare evasion and anti-social behaviour

report behavioural and ticketing offences against the Transport Act 1983 and Regulations

maintain the highest degree of integrity and professionalism at all times.

If you think you have been treated unfairly by an authorised officer, you can contact the relevant transport operator to make a complaint. If you are not satisfied with the outcome, contact the Public Transport Ombudsman.

Get help

Find out how you can get help with public transport offences.

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Authorised officers can only ask for your name and address if they believe 'on reasonable grounds' that you have committed or are about to commit an offence related to your use of public transport. This may include travelling without a valid ticket.

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Information about relationships, cars, school, alcohol etc.....

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Lawstuff Australia - Know Your Rights - - - Topics

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Welcome to LAWSTUFF, the website dedicated to providing legal information to children and young people in Australia.

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Legal age for leaving school

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Lawstuff Australia - Know Your Rights - - Topics - School - FAQ

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Second, you or your parents can ask the school office for a copy of its Anti-Bullying Plan. Once you have read through the Plan, you and your parents can set up a meeting with the teacher and/or the principal to talk about what the school needs to do to meet its obligations under the law and the Plan to keep you safe from bullying.

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Lawstuff Australia - Know Your Rights - - Topics - Tattoos and Piercings

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Welcome to LAWSTUFF, the website dedicated to providing legal information to children and young people in Australia.

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Laws in Victoria

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11 Facts About Teen Smoking | DoSomething.org | Volunteer for Social Change

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Welcome to DoSomething.org, a global movement of 6 million young people making positive change, online and off! The 11 facts you want are below, and the sources for the facts are at the very bottom of the page. After you learn something, Do Something! Find out how to take action here.

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Article about Penalties for Graffiti

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Graffiti vandals will face up to two years' jail and thousands of dollars in fines under new Victorian laws.

The regulations come into force today, also giving more powers to police to catch offenders.

Police Minister Bob Cameron said graffiti vandals charged under the tough new laws could be imprisoned for up to two years and face a fine of more than $26,000.

The laws will enable police to issue on-the-spot fines of $550 to anyone carrying spray paint cans if they cannot prove the paint is for work-related purposes.

The laws also grant police the power to search individuals over the age of 14 suspected of carrying any graffiti-related implement.

Mr Cameron said he hoped the new laws would act as a deterrent, sending a strong message to graffiti vandals. "If people want to be graffitists, they'll think twice", he said.

The laws form part of the Brumby Government's anti-graffiti plan, which aims to tackle problem graffiti across Victoria.

Victoria Police Superintendent Kevin Sheridan, who was present at this morning's announcement, welcomed the new laws and said they would help police tackle the problem of graffiti.

Superintendent Sheridan said police did not make a distinction between artistic graffiti and other forms of graffiti, such as tagging, saying it all constituted vandalism and was therefore illegal.

In addition to the new laws, the Brumby Government have announced the addition of six new graffiti clean-up trailers to the graffiti clean-up partnership with Corrections Victoria.

A member of Corrections Victoria's crew said the process of removing graffiti was both time consuming and labour intensive.

"Yellow paint and particular types of black paint are the hardest to get rid of, and can take up to several days to remove," he said.

While the new strategy has been praised by police, street artists have reacted angrily.

Andrew McDonald, founder of Melbourne's Citylights project, a public art project dedicated to displaying street art, is dubious about the new laws. He said they would do little to address the root of the problem.

"I don't think the Government will get the response they want from these changes," he said.

"Graffiti is already illegal. Making it more illegal will not change a thing,'' he said.

According to Mr McDonald, the new laws are likely to increase - instead of reduce - the rate of graffiti.

"When you make the penalties heavier, you'll get graffiti artists who get the work done faster,'' he said.

Mr McDonald said the Government needed to view graffiti as a symptom of a broader social issue.

"Today's youth have very little on offer in the way of recreational facilities," he said.

"More money needs to be invested into addressing vandalism as a symptom of a much deeper problem," he said.

The campaign will involve radio advertisements and large public outdoor advertisements.

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Jail terms, fines aimed at graffiti vandals

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Graffiti vandals will face up to two years' jail and thousands of dollars in fines under new Victorian laws. The regulations come into force today, also giving more powers to police to catch offenders. Police Minister Bob Cameron said graffiti vandals charged under the tough new laws could be imprisoned for up to two years and face a fine of more than $26,000.

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Possessing graffiti tools

It is an offence to carry a can of spray paint that could be used to mark graffiti in particular areas without a good reason, such as needing to carry these tools because of your work. The places where carrying graffiti tools is an offence are:

on property that belongs to a transport company (for example, bus shelters, buses and trains)

an adjacent place (near to or able to be seen from public transport property)

if you are trespassing (on private property without permission from the owner).

Power to search

Police can search you if they suspect that you are carrying something that can be used to make graffiti. This includes spray paint, gouging tool or even a marker pen. They can only do this if they reasonably suspect you are aged 14 or older.

Police may also search your car or anything you are carrying. The police do not need a search warrant if they suspect that evidence may be lost while they apply for the warrant.

The suspicion that police form must be reasonable. If you are near an area with a lot of graffiti or with recently marked graffiti the police can use this to justify their search.

Police will have to prove that you possessed a graffiti tool and that you intended to use it to make graffiti.

Public transport inspectors cannot search you.

See also Getting searched.

Confiscating graffiti tools

Police may take anything that they believe may be used to make graffiti. These tools may be returned if police decide not to take you to court or if you are found not guilty.

Buying spray paint

It is an offence to sell spray paint to a person who is under 18 years old. If you want to buy spray paint you will need a statutory declaration from your employer to say that you need it for work.

Advertising bans

It is also now an offence to advertise graffiti tools (like spray paint) in a way that is likely to encourage the tools to be used to make unlawful graffiti.

Get help

Find out how you can get help with criminal offences.

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It is an offence to carry a can of spray paint that could be used to mark graffiti in particular areas without a good reason, such as needing to carry these tools because of your work.

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Regulations on Gambling and Alcohol Consumption

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Regulations on Gambling and Alcohol Consumption

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HOW DO YOU PROVE YOUR AGE ONCE YOU TURN 18?

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HOW DO YOU PROVE YOUR AGE ONCE YOU TURN 18?

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Victorian Commission for Gambling and Liquor Regulation

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Complete the 'Application for a Proof of Age card' form.
Step 1:
Fill in the applicant's details section of the form.

Take the completed form and your original proof of identity documents (one from Category A and one from Category B) to someone who has known you for a minimum of 12 months and who is listed on the electoral roll. This person must complete and sign the 'Referee's declaration'.

Please note that original documents are required for sighting, photocopies are unacceptable. If you have changed your name (either through marriage or otherwise) you must also provide documents as evidence of this change.

Category A

Full Australian birth certificate

Passport

Naturalisation certificate

Immigration papers

Citizen papers.

Category B

Driver licence or learner permit

Security card

Credit card or bank passbook

Medicare card

Shooters licence

Student identification card.

Step 2:
Sign the applicant's declaration in the presence of an authorised person.

The authorised person will check the two documents you have provided as proof of identity and then complete and sign the 'Authorised person's declaration'.

A list of persons who can witness the applicant's declaration, as prescribed in section 107 A(1) of the Evidence (Miscellaneous Provisions) Act 1958, is provided in the form.
Step 3:
View a full list of approved photo point agencies. Go to the agency to have your photograph taken (some small agencies require you provide your own photo), lodge the application form and pay the application fee. Take along your identification documents as the person from the agency is required to check your documents and also sign the application form where indicated.

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Complete the 'Application for a Proof of Age card' form. Step 1: Fill in the applicant's details section of the form. Take the completed form and your original proof of identity documents (one from Category A and one from Category B) to someone who has known you for a minimum of 12 months and who is listed on the electoral roll.

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rights and responsibilites

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Each year, Victoria's alcohol and drug treatment and support system helps around 40,000 Victorians who are struggling with dependence on alcohol or other drugs. A broad spectrum of community-based and residential treatment options are provided by a skilled and dedicated workforce that is committed to providing excellent and effective services to the people who need them.

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Each year, Victoria's alcohol and drug treatment and support system helps around 40,000 Victorians who are struggling with dependence on alcohol or other drugs. A broad spectrum of community-based and residential treatment options are provided by a skilled and dedicated workforce that is committed to providing excellent and effective services to the people who need them.

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A good behaviour bond, also known as an "undertaking", is another penalty imposed by courts. This sentence comes from Section 75 of the Sentencing Act which empowers courts to not enter offenders into a conviction - provided that they sign an undertaking stating that they must not re-offend for a maximum period of 5 years. Failing to adhere to this condition will cause the offender to be further charged with Breaching the Good Behaviour Bond.

Just like with other sentencing options, the Magistrate will carefully assess whether you are eligible for a good behaviour bond. Sufficient materials will continue to be necessary in support of your eligibility. When a good behaviour bond is granted, it may come with other conditions such as paying a specific amount of money to the poor box.

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Good Behaviour Bond - Australian Criminal Lawyers Melbourne

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A good behaviour bond, also known as an "undertaking", is another penalty imposed by courts. This sentence comes from Section 75 of the Sentencing Act which empowers courts to not enter offenders into a conviction - provided that they sign an undertaking stating that they must not re-offend for a maximum period of 5 years.

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Video about going to the Children's Court on criminal matter

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Information about CLassification of crimes

"Indictable" and "Summary" Offences