Arabic version: محامٍ يجيب عن أسئلة الشباب الأستراليين القانونية

According to ABC News, lawyer Guglielmo Plain has answered questions from young Australians about criminal records, parental phone access, group offending and laws that teenagers can misunderstand. Plain specialises in working with young people at the Uniting Communities Law Centre, and said legal rules differ across states and territories.

Plain said it is a misconception that a criminal history automatically disappears when a person turns 18. The minimum age of criminal responsibility ranges from under 10 in New South Wales, the Northern Territory, Queensland, South Australia, Tasmania and Western Australia, to under 12 in Victoria and under 14 in the Australian Capital Territory. For offences committed before 18, whether they appear on a criminal history can depend on the seriousness and frequency of offending. Very serious offences leading to lengthy youth detention could remain on a record for life, he said.

On parents looking through a child’s phone, Plain said parents broadly have a right and responsibility to keep children safe, although the appropriate level of oversight can differ substantially between a 12-year-old and a 17-year-old. He said persistent tracking, harassment or inappropriate phone checking that causes serious mental harm or distress could enter an illegal area. He also noted concerns where information taken from a phone is used in family-law disputes.

Plain warned that simply being with friends during unlawful behaviour may create risk under the concept of joint criminal enterprise, where courts can charge a group collectively. He advised young people to move away from suspected illegal activity or try to discourage it. He also highlighted the risks of posting videos of offences, including laws in some states that can make posting or reposting material about criminal conduct an offence. Sexual consent and sharing naked images were other areas requiring caution: the age of consent is 16 in most jurisdictions, and 17 in South Australia and Tasmania. Plain said young people uncertain about their rights should seek advice from a lawyer, community legal centre, child protection agency, school counsellor or 1800RESPECT.