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  • 06 Equity and Rights in Society
  • Children’s Rights
  • Children’s Rights and Duties
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Handbook

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Children’s Rights and Duties

Medical Treatment

Where a child who is ‘capable of exercising a reasonable discretion’ (s51, Criminal Code Act 1924 (Tas)) seeks medical treatment and a doctor consents to perform it, the only way the parent or guardian can stop the treatment is by applying to the Supreme Court for a restraining order. So, for exa...

International and Domestic Law

The UN Convention In 1990 Australia signed and ratified the United Nations Convention on the Rights of the Child. This means that Australia agrees to be bound by the Articles of the Convention. The Convention is an agreement between countries to observe common standards for protecting the rights...

School

School Attendance Full time attendance at a school is compulsory once a child reaches 5 years of age until they turn 16 years. A school includes State schools, other State centres, units or institutes that qualify, and registered schools – including non-government schools (otherwise known as pri...

Employment

It is an offence to employ a child under the age of 11 years in street trading (Children, Young Persons and Their Families Act 1997 (Tas), s94(1)). The prohibition extends to children who have not reached 14 years of age if trading between 9pm and 5am is involved (s94(2)). An exception exists how...

Leaving Home

Young people can face legal problems if they leave home. Up to the age of 17 years, the Department of Health and Human Services may seek to intervene if they believe a child is ‘at risk’ of being neglected or their guardians are unable or unwilling to exercise adequate supervision and control. Th...

Personal Choices

Smoking In Tasmania it is an offence to sell cigarettes to anyone under 18 years of age. Section 64 of the Public Health Act 1997 (Tas) provides that the sale of cigarettes to children is illegal. A breach of the provisions carries a maximum fine of $5,000 for a first offence and $10,000 for a s...

Legal Matters

Contracts and Leases The general rule is that people under 18 are not bound by contracts, leases and other transactions, but such agreements can be enforced against the other party at the option of the young person. There are two exceptions to this rule. In both cases, the agreement can be enfor...

Court Proceedings

Criminal Matters Children's rights in relation to police questioning, arrest and interrogation, criminal responsibility, court and criminal proceedings are dealt with under Youth Justice. Civil Court Proceedings A person under 18 (a minor) cannot sue another person in a civil action without a ...

Sex and Relationships

Sexual Relationships It is a crime for any person to have sexual intercourse with a person under 17 years of age. Consent is a defence in the following circumstances: where the person is 15 years or older, the accused person is not more than five years older; or where the person is 12 ye...

Voting, Driving and Passports

Driving There were changes in 2008 to the learner and provisional driver structures for novice drivers. All licensing processes take place through Service Tasmania. A young person can apply for a learner's permit (L1) for a car or motorcycle at the age of 15 years 11 months. This r...

Page last updated 13/12/2017

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