The choices that you make as an independent person have consequences. It is important for you to know that the choices you make fall within the guidelines of the law. Your real freedom is just beginning – so you don’t want to do anything that may jeopardise that.
How old do I have to be... to rent a flat or a house?
There is no law which says how old you have to be to rent a flat or house. If you are going to rent a flat or house, you usually have to sign a lease which is a written legal agreement (contract) between a person who rents a house or flat (the tenant) and the the owner/landlord. The owner is often represented by a real estate agent.
Even if you are under 18 when you sign a lease, you will usually be bound by the
lease. This means that the owner might be able to sue you if you don’t pay the rent or if you cause an unreasonable amount of damage to the property. However, a court may decide you are not bound if the owner has taken an unfair advantage of your age; if you did not understand the lease when you signed it, or if the terms of the lease are unfair.
When you sign the lease the real estate agent or landlord may ask for a guarantor, that is a person (e.g. a parent) to sign the lease with you who agrees to be responsible for any rent or bills that are unpaid. It is important to read the lease carefully before you sign it and get legal advice if you do not understand the lease or feel that it is unfair.
How old do I have to be... to get a drivers license?
You can get a car or motorcycle learner’s permit at 16, however you can sit the written test at 15 years and 11 months.
You can get a provisional drivers license at 17. It is possible to take the test from the age of 16 years and 11 months, however the licences will not take effect until you turn the prescribed age, which means that you can not drive until then despite the fact you may have passed the test up to one month prior to you turning that age.
If you are younger than 22 when you get your provisional license, the provisional license lasts for three years. If you are aged between 22 and 24 when you get your provisional license, the provisional license lasts until you turn 25. If you are 24 or over when the provisional license is issued, the provisional license lasts for one year.
How old do I have to be... to get a full-time job?
You can get a full-time job when you turn 15. If you are under 15, you cannot work full- time unless you have permission from the Department of Education to be away from school. A person who employs you to work during the hours when you are required to be at school can be fined.
How old do I have to be... to work late nights?
Generally, you can work late at night if you are 15 or over. However, the following restrictions apply to children working:
• No child who is under 11 is allowed to be employed in selling things in public or privately and no parent is allowed to permit a child under 11 to be involved in selling.
• If you are under 14, you are not allowed to sell things in a public place after 9 pm or before 5 am.
• If you are under 14, you may need to get a permit before you can participate in certain types of public entertainment.
• If you are under 16 you are not allowed to beg for money in a public place. A parent or other adult who allows you to do this or encourages you to do this is committing a criminal offence.
How old do I have to be... to change my name?
If you are over 18 (and you are domiciled or ordinarily reside in Tasmania, or your birth is registered in Tasmania), you may apply to the Register of Births Deaths and Marriages for registration of a change of your name.
Before registering a change of name, the Registrar may require evidence to establish your identity and age, and that the change of name is not sought for a fraudulent or other improper purpose.
The Registrar may refuse to register a name change. Following registration of a change of name, you will receive a Change of Name Certificate.
If you are under 18 and fulfil the above- mentioned conditions, your parents may apply to the registrar for registration of a change of your name.
The application for changing your name may be made by one of your parents if:
• your parent is the sole parent named in the registration of your birth
or
• you have no other surviving parent,
• a magistrate approves the proposed change of name (the magistrate will approve if they are satisfied that the change is in your best interests.
Child’s consent to change of name
If you are above 12 years old, your consent will be needed before your new name can be registered. Your consent is not required if you are unable to understand the meaning and implications of the change of name.
How old do I have to be... to drink, be served and/or buy alcohol?
If you are under 18, you must not buy alcohol. You could be fined up to $1000. It is also an offence for any person (in any place) to sell alcohol to you.
Licensed premises
If you are under 18, you cannot enter parts of licensed premises that are declared to be out of bounds to minors. In these situations, there should be a sign displayed on the premises prohibiting access, although there are exceptions. If you are under 18, you can only enter designated licensed premises:
• to have a meal
or
• if you are in the company of your
parent or guardian
or
• if you are working on the premises.
Supply and consumption of alcohol on licensed premises
If you are under 18, you must not drink or have possession or control of alcohol while you are on licensed premises. You could be fined up to $1000. You can only have possession or charge of the alcohol if you are:
• doing so in the course of work
• working under the direct and personal supervision of a person who is at least 18 years old.
Proof of identification on licensed premises
You can be asked to produce evidence of your age to prove you are 18 years or older. You must also give your name, address and date of birth if a police officer asks you to do so. If you refuse to comply, or state a false name or address, you can be arrested by the police and fined up to $1000.
You must not produce a false document as evidence of age. You could be fined up to $1000.
Consumption of alcohol in a public place
Regardless of what age you are, you must not consume alcohol in a public street or a prescribed public place. You also must not (without a reasonable excuse) have in your possession an opened or unsealed container of liquor in a public street. For both offences, you could be fined up to $200 or in the case of a second offence, $500.
Some council by-laws and particular liquor permits allow alcohol to be consumed in designated public streets or places. It is your responsibility to be aware of those laws and to comply with them. A “public place” includes the situation where you are in a parked motor vehicle in a public street or in a prescribed public place.
Proof of identification in a public place
Where a police officer becomes aware or believes on reasonable grounds that you have committed an offence, they may get you to state your name and address. If you refuse to comply, or you state a false name or address, you can be arrested by the police and fined up to $200.
In a private residence
There is no law that makes it an offence for a person under the age of 18 to drink alcohol in a private home.
Drugs
BEWARE there is no “SAFE” level of drug use. All drugs can harm you, not just the illegal ones. So it’s best to have all the information you can have about drugs and their effects. That way you can make informed choices about drugs and being safe.
If you’ve just been charged with a drugs offence make sure you get a lawyer a soon as possible because the courts treat drug offences very seriously.
What can happen to you?
All schools, both government and private, have rules on drugs. Generally, being involved in drugs is taken very seriously at school and you could be suspended, expelled or reported to the police.
There are several different types of drugs offences. If the police find illegal drugs in your possession (in your bags or at your house etc) you are likely to be charged with a drug offence and you will have to go to court. If you are found guilty of a drug charge you may have to pay a fine or go to jail or both. If the police find the drugs at your house, in your locker or car etc, and you deny any knowledge of the presence of those drugs then it is up to you to prove that you didn’t know they were there.
It is illegal to grow marijuana or opium bushes or to make or mix other illegal tablets or mixtures. If you let your friends make or sell drugs at your house, then you may be charged with an offence even if you didn’t actually make any of the drugs or sales yourself.
If the police find you with devices used for the consumption, administration or sale of illegal drugs including smoking devices such as pipes or bongs, syringes, bags used for the storage or sale of illegal drugs, or other items for preparing or using drugs you could face a fine of up to $2000.
There are much larger fines and longer jail terms if you actually sell (traffic) drugs. If you sell drugs, supply your friends with drugs, or deal drugs, you could receive a maximum of 21 years in prison.
Trafficking in a controlled plant (i.e., marijuana) or a prohibited substance (i.e., amphetamines) involves you voluntarily and intentionally doing some act which forms part of the commercial chain of distribution of the substance between its original cultivation or production and its final consumption.
Trafficking can include selling, preparing, transporting, guarding, possessing or concealing a substance with the intention of selling it or in the belief that someone else intends to do so.
If you are found with more than a certain amount of drugs in your possession then it is presumed that you intended to traffic those drugs. This means the responsibility lies with you to prove that you did not intend to traffic the drugs.
For example, (unless you can prove that you didn’t know it was there) if the police find LESS than 0.5 grams of heroin at your house with no other evidence to suggest that you intended to sell the heroin you will be guilty of possession and could get 2 years in jail.
However, if the police find MORE than 0.5 grams and you can not satisfy a jury that you did not intend to traffic the heroin you could go to jail for up to 21 years. In the case of Marijuana, if you are found with more than one kilogram you must prove you did not intend to traffic it.
Useful Links - NATIONAL
Lawstuff
Lawstuff can give you details of your nearest community legal centre, women’s legal service, Aboriginal legal service or Legal Aid office. They may be able to assist with free legal advice, assistance, referral and information.
www.lawstuff.org.au
The National Children's and Youth Law Centre
A community legal centre dedicated to addressing human right issues for children and young people through legal change.
Useful Links - ACT
Legal Aid Commission ACT
Works to inform people of their legal rights and obligations and to improve their access to the justice system.
www.legalaid.canberra.net.au
Useful Links - NSW
Youth.NSW
Has information on your legal rights.
www.youth.nsw.gov.au
LawAccess NSW
Provides advice on legal issues and details of other helpful organisations.
Call: 1300 888 529
www.lawaccess.nsw.gov.au
Legal Aid NSW
Provides face-to-face legal advice. A 15-minute consultation is free and Legal Aid may be able to provide you with a solicitor. Look in the White Pages under ‘L’ to find the nearest office or visit:
www.legalaid.nsw.gov.au
Lawlink NSW
Has useful information on your rights if you are arrested by NSW Police.
www.lawlink.nsw.gov.au
NSW Disability Discrimination Legal Centre
Provides legal advice and help to write a complaint or prepare your case if you have a disability and feel that you have been discriminated against.
Call: 02 9310 7722 or 1800 800 708 (outside Sydney)
www.ddlcnsw.org.au
Privacy NSW
Offers advice on privacy and personal information.
Call: 02 9228 8585
www.lawlink.nsw.gov.au/privacynsw
Useful Links - NT
NT Legal Aid
Provides access to the law and legal assistance to people who are unable to afford the services of a private lawyer.
www.ntlac.nt.gov.au
Useful Links - QLD
QLD Legal Aid
Can provide information about the law, legal advice and legal representation.
www.legalaid.qld.gov.au
Useful Links - VIC
Victoria Legal Aid (VLA)
Provides free legal help. They may be able to provide you with a lawyer for free. They can also give you free legal advice and information about the law.
www.legalaid.vic.gov.au/main1.cfm?CategoryID=3&TopicID=243
Useful Links - SA
The Legal Services Commission of SA
Provides advice, community education and legal representation.
Useful Links - TAS
Legal Aid Tasmania
Provides free legal advice and representation.
www.legalaid.tas.gov.au
Useful Links - WA
Legal Aid WA
Provides information, advice and other legal help.
www.legalaid.wa.gov.au/LAServices/aspx/default.aspx?Page=LAWA.xml
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