Frequently
Asked Questions
| The information contained on this page is not
legal advice. If
you do have a legal problem you should talk to a lawyer before
making a decision about what to do. The information on this
page is written for people resident in, or affected by, the laws
of South Australia, Australia only. |
Here are some frequently asked questions
which may help to provide some information on your issue. Please note that the
information provided applies to South Australia and laws may differ in
other states. If you require additional help send
your legal question to us.
Q. What are my rights at school?
A. You must be in school until you turn 15. But you
have the right to be treated fairly while you are at school. You do not have to
tolerate bullying in any form – verbal, physical or otherwise. Tell someone
in charge. Teachers only have the right to search your possessions
if there is a reasonable concern for the safety of other students or
they believe that you are holding school property. Teachers cannot search
your body or clothing, but they can call the police to do this. For
more information go to: www.lawstuff.org.au
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Q. What about school and working?
A. You can get a full-time job when you turn 15 years
old. You
can work part-time or casually whilst you are at school, provided that
it doesn’t interfere with your school, or your ability to do homework. If
you are a casual employee, you will get some extra money per hour to
make up for not receiving sick leave or annual leave. Each job
is placed under an award, and this lets you know your rights and responsibilities.
You should find out what award you are under so that you know what you
are entitled to. For more information call: Workplace Info
Service - 1300 365 255
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Q. What do I need to be 18 to do?
A. Live any place you want
Get a passport and travel overseas
Get married without your parents permission
Buy and drink alcohol
Change your name without your parents permission
Vote
Get a tattoo
Buy cigarettes
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Q. What happens if my parents get a divorce
or separate?
A. If you parents cannot agree, they may have to go
to court. You
have a right to have a Child’s Representative who will put your views
to the judge. The judge will then decide what he/she thinks is
best for you. This might not always be what you want. The judge can make
different types of orders that can decide:
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Who you live with
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Who you visit and for how long
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Who pays for you and how much
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Other specific things like upbringing and schooling
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Q. How old do I have to be for my matter to
be heard in the Youth Court?
A. The Youth Court generally hears matters for young people aged 10
to 17. Once you turn 18, you will then be in an adult court. If you committed
a crime when you were under 18 but you are caught when over 18, your
matter will be heard in the Youth Court.
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Q. Will I be locked up if I drive disqualified?
A. The law says that if you drive whilst disqualified you can be locked
up for up to 6 months.
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Q. Can I sort out property issues with my former
wife/husband before my divorce is granted?
A. Yes. You can negotiate and lodge an agreement, or if not in agreement,
apply for an Order with the Family Court after separating. A time limit
only applies once the divorce is granted at which point parties have
up to 12 months to finalise a property settlement or issue proceedings.
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Q. I have a summons to go to the Magistrates
Court. Do I have to decide whether to plead guilty or not on the
first day I am required to go to court?
A. You will always be able to ask for an adjournment of up to 1 month
so that you can obtain legal advice and, if need be, future representation
in court by a lawyer. In most cases, you will not need to have a lawyer
attend with you on the first appearance date. The request for an adjournment
is rarely if ever refused on such an occasion.
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Q. How long do I need to be separated for a
divorce?
A. One year.
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Q. We will still live together, but have separate
rooms. Can I still claim this as separation?
A. Yes – in certain circumstances.
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Q. If I have no Court Order, can I just take
the kids from the wife / mother / husband / father?
A. No. Kids are best left where they are used to living. Try to negotiate
before resorting to a snatch.
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Q. What are the main assets for property settlement?
A. House and superannuation, also possibly cars and furniture.
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Q. When can I start property settlement?
A. Any time, but if you are divorced, within 12 months from after divorce.
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Q. If I’m caught driving drunk,
how long will I lose my licence for?
A. Depending on level and any prior convictions, at least 6 months.
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Q. When can I move out of home?
A. There is no written law that states the exact age that you have
to be. The principle generally is that you need to be responsible and
able to look after yourself. Are you at school and coping OK? Do you
have enough money? Is the place where you are staying safe for you? If
you can show all this, you are more likely to be able to stay living
away from home.
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Q. When is it legal to have sex?
A. It is legal to have sex from when you are 17, but if you are 16,
you can have sex with another 16-year-old. If the person you are having
sex with is in a position of authority over you, (teacher, coach etc),
you have to be 18 to be able to consent to having sex with them.
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Q. Are volunteers protected by equal opportunity
laws?
A. The South Australian Equal Opportunity Act protects “unpaid workers” from
discrimination in the workplace. The Commonwealth Disability Act does
not.
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Q. How does a person with a mental illness
complain about unfair treatment?
A. A person who claims they have been discriminated against because
of a mental illness will need to consider a complaint to the Human Rights
and Equal Opportunity Commission under the Commonwealth Discrimination
Act. The South Australian Equal Opportunity Act does not apply.
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