Beginning a Life in Australia Welcome to Australia dss1690. 12. 15 Edition date
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- Rights of children
- Child protection
- Forced marriage
The legal age of consentThe legal age of consent is the age that the law says you can agree (consent) to have sex with another person. In most states and territories the legal age of consent is 16 years of age for both men and women. In South Australia and Tasmania it is 17 years of age. It is illegal for an adult to have sex with children who are below the age of consent. There are serious penalties for anyone breaking these laws, regardless of whether or not the child has agreed. These laws protect young people from sexual exploitation. You can find out more by talking to a doctor, or contacting a sexual health clinic or family planning clinic, which are listed in the White Pages. Rights of childrenAustralia has a strong commitment to protecting the rights of children. Children are protected by law from physical, sexual and emotional abuse, neglect and violence, both at home and at school. Reasonable arrangements must be made for the supervision and care of children. Physical discipline such as hitting is discouraged, and if it causes significant harm, is illegal. Physical discipline is not allowed in schools. In Australia, some people, like doctors and teachers, are required to report to state and territory child protection authorities if they are concerned a child is being harmed. Child protectionWhere a practice harms or is likely to harm a child or young person, child protection services may become involved to ensure children’s safety and wellbeing. If you or someone you know needs protection from violence or abuse, you should contact the police or a child protection service. For more information:
Forced marriageEveryone in Australia is free to choose whether they marry. Forcing anybody to get married is a crime in Australia. A forced marriage is when a person gets married without fully and freely consenting, because they have been threatened, coerced or deceived. Nobody is allowed to physically, emotionally, or psychologically pressure anyone to get married. It doesn’t matter what the person’s religious or ethnic background is, their gender or sexual orientation or how old they are. It is also illegal to take or send a person to another country for the purposes of forcing them to marry, or to have someone else organise this. Children under 16 years are not allowed to marry. People between 16 and 18 years of age can only marry with parental consent and with an Australian court order from a judge or magistrate authorising the marriage. Arranged marriages are legal in Australia. Both parties must consent. To learn more about forced marriage and how you can protect yourself and others when seeking help, go to www.ag.gov.au/forcedmarriage The Family Safety Pack (www.dss.gov.au/family-safety-pack) includes a factsheet on forced and early marriage. If you think that somebody is in, or is at risk of, a forced marriage, contact the Australian Federal Police on 131 237. The following organisations may also be able to help:
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