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June 30, 2016
YOUNG PEOPLE & THE
LAW
Education Pack & Directory
YOUNG PEOPLE & THE LAW
A Brief Introduction
August 1, 2016
Migrant Resource Centre North West Region Inc.
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Produced by Migrant Resource Centre North West Region
20 Victoria Crescent
St. Albans, VIC 3021
Authored By Sara Aurorae - Youth Settlement Support Worker
(03) 9367 6044
www.mrcnorthwest.org.au
© 2016 Migrant Resource Centre North West Region
You are free to copy or redistribute the work under the condition that you credit the Migrant Resource
Centre North West Region Inc., following direct contact and approval from them. This work is licensed under
a Creative Commons Attribution 4.0 International License.
Disclaimer:
Migrant Resource Centre North West Region is a non-profit organisation assisting migrants and refugees
with settlement issues and supporting them through active projects. While we do all that we can to assist
those in need, should you require legal assistance or advice, you will need to do so independently. The
material in this education kit is also a general guide and should you require specific attention to any personal
concerns you may have, you will need to acquire this information from a lawyer or legal expert.
Acknowledgements:
The Migrant Resource Centre North West Region would also like to acknowledge the support by the Victoria
Law Foundation, particularly during our Law Week “Youths and the Law” event held at the State Library of
Victoria in 2016 and for funding this project in association with that event. The video was produced in
partnership with Clancy Walker, with special acknowledgement to Melanie Raymond from Youth Projects
and Tamsin Mildenhall from Victoria Legal Aid.
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Contents
Foreword...............................................................................................................................................................4
About Young People and the Law..........................................................................................................................5
Australian Legal System.........................................................................................................................................6
How to Understand the Law..................................................................................................................................9
Sexting.................................................................................................................................................................12
Public Transport Offences ...................................................................................................................................14
Family Law, Homelessness and Domestic Violence..............................................................................................16
Police Powers, Drugs and Alcohol........................................................................................................................18
Human Rights......................................................................................................................................................20
Directory of Services............................................................................................................................................22
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Foreword
The Migrant Resource Centre North West Region Inc. is a not-for-profit, community based
organisation established since 1989 providing settlement support services to migrant and refugees,
aged care and disability services, along with community based projects for those living in the North
Western regions of Melbourne covering Brimbank, Hume, Moonee Valley, Maribyrnong, Hobsons Bay
and the Shire of Melton.
We assist clients and community groups to improve their participation and integration in Australia
through the identification and resolution of settlement challenges, empowerment through culturally
approachable services, and advocacy and support programs providing sustainable quality care that
strengthen the most vulnerable in our community, while respecting and supporting them to maintain
their individual culture and heritage.
The Youth Program has undergone key structural changes that has seen it transition and evolve into a
thriving and innovative platform for young people that includes not just one on one casework directly
with young people in need of immediate support, but also advocacy and events such as “Young People
and the Law” panel discussion organised during Law Week in Victoria in 2016. The MRC North West
supports an environment where people from diverse cultural backgrounds are able to participate to
their full potential in the life of the Australian Community while they are free to maintain their
individual culture and heritage.
We value diversity, equality for all, trust, integrity and professionalism and consistently collaborate for
the benefit of our client group, as we have with the Victorian Law Foundation. We hope that with
adequate support, mentorship and advocacy, young people can feel the same respect that all people
deserve and through the recognition and support, are able to find steady ground in life.
It is with special regard that I congratulate Sara Aurorae, our Youth Settlement Support Worker, who
wrote this booklet and for her efforts and integrity in making this project come to life. Her passion for
the rights of young people, including children and families, is always clear to those who know her.
Gulten Metin
Executive Officer
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About Young People and the Law
The Migrant Resource Centre North West Region in conjunction with the Victoria Law Foundation
developed a program entitled “Young People and the Law” during Law Week, 2016 where a panel of
experts covered topics such as:
 Public Transport Offences
 Human Rights
 Drugs and Alcohol Abuse
 Family Law and Domestic Violence
 Sexting
The project grant was managed by Sara Aurorae. The law week event was established to tackle
concerns particularly around whether young people understood their legal rights and responsibilities
and, in particular, whether community workers understood the law enough to ensure that they can
assist young people should they require. As a consequence, the education booklet and directory was
established by the Migrant Resource Centre North West Region as an easy resource for both young
people and community workers to access information about the law that most effects them.
The education booklet and directory is designed for young people aged 15-24 and can be used as a
quick guide for educational and community-based settings. Please note that this has been published
in July 2016 and as such amendments to the law from this point forward could change, thus it is
recommended that you regularly check for any changes.
The education booklet includes a legal information video, law week panel discussion video and a
directory of services in the Victoria region. For more information, please contact the Migrant
Resource Centre’ Youth Settlement Support Worker Sara Aurorae on (03) 9367 6044 or at
sara@mrcnorthwest.org.au
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Australian Legal System
There are various dimensions of the Australian Legal System, which is modelled by the Westminster
System in the United Kingdom because of Australia’s English heritage. The Westminster system
includes two houses in Parliament, which is known as the Bicameral Parliament that consists of the
Lower House and the Upper House. The Australian Parliament contains the Senate, which is the
Upper House, while the House of Representatives is the Lower House.
There are three levels of lawmaking in Australia. They are, 1. Local Council and what is often known
as local laws. These laws may include a wide range of community issues from how residents must
correctly build your house, oblige by environmental obligations and other relevant issues limited with
the council jurisdiction. 2. State and Territory Parliaments that establish laws at State or Territory
level. This means that the State of Victoria has laws that could be different to New South Wales or
Western Australia, because each State or Territory independently establish laws specific to their self-
governing jurisdiction. Finally, there is 3.
which is Federal laws, which legislate
and develop laws at Federal level, which
is all of Australia.
The structure of the Commonwealth
Parliament is set out in the Australian
Constitution, or the Commonwealth of
Australia Constitution Act 1900. The
constitution was officially established on
1st January 1901, which is the same time
that Sir. Edmund Barton was sworn in as
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the first Prime Minister of Australia. The Australian Constitution also defines what is known as the
doctrine of the separation of powers, which means that there are three areas of power in Australia
known as the Legislative, the Executive, and the Judiciary. The legislative are parliaments that
legislate or enact laws, the executive are statutory authorities that enforce the law, and finally, the
judicial are those that interpret the law, such as judges and courts.
There are two types of laws within the judicial system of Australia, which are judge-made laws known
as Common Law, as well as Statute Law. Common Law involves judges making decisions about
individual cases if statutory law governing the case is not clear enough, whereby the judge has the
authority to define and interpret the boundaries of the law for the case. In doing so, the outcome of
the case and decision made by the judge becomes a precedent, which can effect similar case
decisions should they arise in the future. However, according to the court hierarchy in Australia,
decisions that have been made at the High
Court are binding on all other courts in the
country, because the High Court stands on the
top of the court hierarchy list. Some decisions
made by lower courts have no power or
standing in higher courts within the hierarchy
because they are subordinate to the superior
courts.
Statutory law are enacted laws, which is
legislation that has been passed through
parliament. Parliament initiates the process of
enacting a law by first drafting a bill after an
issue is raised. A bill is a proposal of a new law
or an amendment of an old law. Parliament has
three readings of the proposed bill, the first being the title of the new law with copies distributed to
members of parliament to read. At the second reading of the proposed law, the parliamentarians
who wished to introduce the bill explain the reasoning behind it, explaining why it is necessary and
other relevant details before members vote following a debate. If the majority vote for the
enactment of the bill, the bill will pass the second reading and proceed to the third, which is more a
formality. Once the Clerk signs a certificate attached to the Bill, it is moved to the senate. The bill also
goes through three readings in the Senate and if passed in the Senate, the bill returns to the House.
If there are no amendments requested and a bill passed by both Houses, it will be checked and
certified once again by the Clerk presented to the Governor-General for assent.
Activity 1
What is Common Law?
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What are the three branches of power that play a primary role in Australian governance?
1.
2.
3.
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How to Understand the Law
As Australia is a Constitutional Monarchy, currently with Queen Elizabeth II as the head or sovereign of
Australia. Australia is a part of the Commonwealth realm and the monarch appoints the Governor-General to
act as a representative of the Queen, according to section two of the Constitution. While the law and politics
operate separately, it is important to understand the dynamics and role of both as they can interact and
influence one another, in some cases dramatically. For instance, the Australian Constitution cannot be
changed unless the Australian people vote in a referendum and a referendum can only be proposed in
Parliament and approved before the public votes either a ‘yes’ or ‘no’ to this proposed change.
Legislation has been established to deal with different legal matters of concern. These can be classified into
two key areas, namely Civil Law and Criminal Law. Civil law deals with the enforcement of legal matters
affecting individuals or the private domain such as family or cases such as accidents, disputes regarding the
division of assets in a will following a death of a loved one, or employment contract disagreements or issues
with tort wrongdoing or liability. Criminal law, on the other hand, are often related to matters that affect the
peace and stability of the community and often deal with cases against individuals or groups whose conduct
is objectionable and requires punishment.
The laws in each State and Territory differ as Australia’s judiciary system operates at State and Federal level
and it is especially important to understand the function of the courts in Victoria if you reside here. The
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Supreme Court of Victoria sits at the top of the hierarchy of Victorian Courts with only the High Court of
Australia capable of reviewing any of the decisions that have been made. It is often responsible for hearing
the most serious or complicated criminal and civil cases, such as murder and attempted murder or conspiracy
charges among many more serious crimes. Its responsibilities are divided into two key areas, which include
the Trial Division and the Court of Appeal. Depending on the case, the Supreme Court of Victoria can hear
appeals from other Victorian courts and tribunals. The Supreme Court also has specialist courts such as the
Family Violence Court, the Drug Court, and the Koori Court.
In order to understand the hierarchy of the Victorian Court system, the County Court of Victoria also deals
with serious crimes, however unlike the Supreme Court of Victoria that usually hears civil cases claiming over
$200,000, the County Court can hear civil disputes claiming over $100,000. The County Court can hear criminal
cases including serious assault, drug or rape charges and also has an appeals division that usually hears appeals
from the Magistrates Court. The Magistrates Court sits at the lower end of the hierarchy and deals with a
variety of criminal and civil matters usually related to family law – such as restraining orders – and
infringements and other such penalties. The Children’s Court of Victoria often deal with matters relating to
children and their families, not just as a preventative measure to ensure the safety and wellbeing of children
involved in family disputes such as intervention orders, but also criminal matters by young people aged
between 10 – 17 years old that the other courts are unable to hear.
The Victoria Civil and Administrative Tribunal (VCAT) is a tribunal that aims at resolving both private and
public related disputes including issues such as discrimination, tenancy and consumer disagreements,
decisions by government that may directly affect individuals or groups and other everyday disputes. It is
divided into a Civil Division, an Administrative Division, a Residential Tendencies Division, and a Human Rights
Division. In addition, the Coroners Court exists to support
investigations with deaths that may occur where the reason is
unknown and the death itself cannot be identified. The coroner will
use forensic medicine to find out why a death happened. In court,
there are also different roles and functions. This includes the Judge in
the County and Supreme Court who hears and makes decisions on
cases, the Judge's Associate in the Supreme, County and Coroners
Courts that assists the judge with various court-related duties,
Magistrate which hears cases in the Magistrate and Children’s Courts,
and the Associate Judge in the Supreme Court who hears and
determines issues before or after a trial in civil cases but cannot hear
trials.
In Victoria, the Youth Justice System deals specifically with young people and crime and depending on the
seriousness of the alleged crime, it is an alternative to traditional court proceedings. It works directly with
youth offenders with the objective of supervising young people with the intention of reforming challenging
behaviour. In court, representatives can include a Barrister – they wear the wigs in court – who are advocates
for the defence of prosecution in court and is supported by a Solicitor, who will represent the accused in court
and performs legal work outside of court. If a person does not have a solicitor, a duty solicitor at the court is
on hand and may be available to support with representation.
It is important to behave responsibly in court, including the way that you dress making sure you do not have
sunglasses or a hat on and in appropriate clothing. You need to enter and leave quietly, addressing the
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magistrate as ‘Your Honour’ and standing. In some courts, a Jury is required. Eligible jury members are
randomly selected through the Victorian Electoral Roll and summoned to go to court, where the judge will
provide information to the jury panel. Sometimes and without any specific reason, the prosecution or the
defence can request a challenge a jury member and exclude them from the case, however if you proceed to
become a jury member, you are required to take an oath that you will continue with integrity, honestly and
faithfully.
Activity 2
Name the four divisions of the Victorian Civil and Administrative Tribunal (VCAT)?
1.
2.
3.
4.
What is the basic difference between a Barrister and a Solicitor?
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Sexting
Sexting between two people who are both in a consensual and intimate relationship can be considered by
some as harmless fun. However, young people may not be aware of the potential dangers and the serious
implications that sexting can have both legally and emotionally. In Victoria, for instance, a person over the age
of 18 can be charged with possessing child pornography if they possess a photo of someone in a sexually
explicit or indecent sexual manner who is under the age of 18. Federal, State and Territory laws that have
been enacted to tackle child pornography treat the offence very seriously and while exceptions have been
amended that allow young people to be exempt from potential criminal offences, the Crimes Act 1958 (Vic)
states a person who knowingly possesses a nude or sexually indecent photo or image of someone under the
age of 18 is guilty of an indictable offence. The Crimes Act 1958 (Vic) also makes it illegal if the image or video
is of a child under the age of 16 as it is considered to be an indecent act, that is ‘a person must not wilfully
commit, or wilfully be in any way a party to the commission of, an indecent act with or in the presence of a
child under the age of 16’.
If a person is caught in possession of or distributing a sexting image of someone underage, they are not only
at risk of a serious criminal offence but could also be placed on the sex offender register, which is a platform
that improves community awareness and safety by listing offenders to Victoria police and are required to
perform a number of duties including keeping the police informed of their contact details and location to
prevent any contact with children. In addition to child pornography, if someone has received a sexting
photograph or video and threatens to distribute the file to other people or places, they could spend a year in
prison and even more if the image is of someone under the age of 18. The act of threatening and distributing
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is a form of bullying and harassment and due to the technological setting, namely with the use of mobile
phones or computers, such sexting threats can be treated as cyberbullying and sexual harassment.
Sexting is not a joke. If someone does not consent to the distribution of their image that they may have initially
sent in confidence to a person they trusted, laws have been developed to protect them from being exploited.
Before you send a text of yourself, remember that images that are not in your control could potentially damage
your reputation and even future career prospects if not handled with caution. There is a chance that the image
can be available online forever. Think twice before clicking send.
Activity 3
Name two areas of the Crimes Act 1958 (Vic) that make it an indictable offence when an adult is sexting with
someone under the age of 16.
What is the sex offender register?
NN
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Public Transport Offences
Perhaps the most important area of concern for young people is public transport offences, only because it is
quiet common for young people to experience interaction with public transport authorities. A public transport
authority is called a Protective Service Officer (PSO) and they have some similar powers as police including
the capacity to arrest and are also armed, patrolling stations in Melbourne and protecting commuters.
The most common public transport offences is a failure to produce a valid ticket, that is, to be on public
transport without paying for a valid ticket and thus fare evading. Public transport authorities regularly check
trains and trams and if you are caught without one, you will receive an infringement. There are two options
with paying for the infringement, one being on the spot penalty fares [which will be replaced on January 1,
2017] and the other option of paying for the fine later. Ticket inspectors are required to ask for your name
and address and they also have the capacity to check whether the details you provide is valid if you are unable
to show a valid identity card like a student pass, drivers licence or learners permit. This is to ensure that the
details of the fine are correctly sent to the right person. If someone fails to give a name or address or provides
false ones, authorised authorities have special powers including arresting you and it may involve police, court
and fined.
Other possible reasons for public transport infringements is a failure to produce evidence of concession as
there are two types of Myki travel cards that can be purchased, which are concession and full fare. If you hold
a concession Myki but do not have a valid concession card obtainable from Centrelink, you are at risk of
receiving a fine. Behaviour and public etiquette is another relevant area to think about when travelling on
public transport in Victoria. Foul language such as swearing, yelling or abusive behaviour is not tolerated
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anywhere on trains or platforms. In addition, damaging the carriage in any way or making others feel
uncomfortable including vandalising, placing feet on furniture, littering or smoking is prohibited.
If you receive a fine and object to it, you have the option of seeking a review of the fine, which can be
completed by filling out an available form at Civic Compliance Victoria explaining the reasons behind why you
feel the infringement is incorrect. You can also write to or contact Public Transport Victoria [PTV] or the
Department of Economic Development, Jobs, Transport and Resources for further information and advice
relating to a review of your infringement. You can take it further by contacting the Public Transport
Ombudsman (Victoria) if you experienced a situation or an outcome that is unfavourable.
Activity 4
Name several types of behaviour that could get you into trouble if travelling on public transport?
1.
2.
3.
Do Protective Service Officers (PSO) have special powers to arrest people on public transport?
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Family Law, Homelessness and Domestic
Violence
While family violence tends to remain a subject that most people rarely discuss, it would be surprising for
many to know that there are a substantial amount of young people in Australia who are living or have lived in
an environment that contained violence in the home from a parent or guardian. In Australia, a woman is killed
every week by a partner or ex-partner with Victoria Police reporting that family violence incidents are on the
rise. Domestic violence and family breakdown can have a huge impact on young people, including mental
health issues such as anxiety and depression, homelessness and poverty, all of which may lead to potential
drug or alcohol abuse.
As with all violence, family violence is injurious both mentally and physically and it is important for everyone
to feel safe and secure in their own home. According to the Family Violence Protection Act 2008 (Vic), the
meaning of family violence is:
(a) behaviour by a person towards a family member of that person if that behaviour—
(i) is physically or sexually abusive; or
(ii) is emotionally or psychologically abusive; or
(iii) is economically abusive; or
(iv) is threatening; or
(v) is coercive; or
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(vi) in any other way controls or dominates the family member and causes that family member to
feel fear for the safety or wellbeing of that family member or another person; or
(b) behaviour by a person that causes a child to hear or witness, or otherwise be exposed to the
effects of, behaviour referred to in paragraph (a).
Family violence is behaviour that is harmful to not just those experiencing it physically, but also those who are
witnessing the abuse, including violence such as hitting, punching or pushing someone or forcing them to have
sexual intercourse, controlling a person emotionally or psychologically by threatening, stalking, insulting the
person and their appearance or financially controlling. It makes any member of the family member afraid and
children who witness or is present and hears family violence is protected by the law.
The law is mostly concerned about what is best for the children and the victims when relationships between
two intimate partners have broken down. Parents are considered the most important person in a child’s life
and the experience of violence in the home as well as a family breakdown can be extremely stressful for
children and teenagers to cope with that could lead to many difficulties even later in life. It is also difficult for
families to cope financially and many are unaware of the options that they have, feeling rejected socially and
dejected mentally. It is important for families to understand their rights and discussing your personal
difficulties with legal staff can assist people to understand how to protect themselves and their children and
Victoria Legal Aid may be able to assist should there be financial difficulties as they provide over the phone
support. There are also many services available both over the phone, online or face-to-face to assist young
people during a family breakdown, which is visible in the directory at the end of the booklet.
Services for families who require immediate escape from family violence is available, including refuge
accommodation as well as telephone crisis counselling such as Safe Steps. To apply for a family violence
intervention order, a person will need to go to their closest magistrate’s court and talk to the court registrar
about their situation before completing an application form, which requires details about others, including
children, who require protection from a potentially abusive member of the family.The process may be lengthy,
therefore if immediate protection is required one can request an interim order with the magistrate and if in
serious danger, a warrant which means that the threatening individual could be arrested.
Activity
Name three types of abuse as described in the Family Violence Protection Act 2008 (Vic)?
1.
2.
3.
If a person applied for an intervention order but felt that their life was in serious danger, what other options
do they have while at the Magistrates Court?
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Police Powers, Drugs and Alcohol
There are several key areas of law enforcement applicable in Victoria, the most well-known being police men
and women who play a vital role in protecting people. The role of a police officer is to monitor criminal activity
and protect the community, including on the road, during emergencies and to investigate crimes after they
have been committed to ensure they detain the culprits from criminal acts again. Crimes include theft and
burglary, violence, homicide, cybercrime, rape and stalking, and financial crimes such as fraud or
embezzlement. Drug use and possession along with the misuse and abuse of alcohol is significant amongst
young people in Victoria and has a significant impact on their welfare and wellbeing, including short term
physical harm such as public and domestic violence and road trauma that may result in death or serious
physical damage, along with long term effects including psychological damage.
If you get into trouble with a police officer, it is important to remember that you have both rights and
obligations. The Victoria Police have established a code of conduct that ensures all officers are professional
and ethical in the way they conduct themselves with people, including young people. For instance, there are
rules for when police can obtain the fingerprints of a young person without parent or guardian consent or
permission when taking your photograph.
To learn more about your rights when you encounter police authorities, you must be aware of your obligations
and the powers police have when they question or detain you. Some of these powers include the procedure
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to stop and search you without a warrant especially if they believe you are a serious threat, such as having
reasonable grounds to suspect you are carrying weapons or drugs. If they believe you have broken the law in
some way, they have the power to arrest you and to interview you. If you are a child or someone with a
cognitive impairment, a guardian should be present during this process. Sometimes, this may require the use
of force however it must not be disproportionate to necessary grounds for which it is applied against someone
they reasonably believe has committed a crime. For instance, excessive force or violence against someone
who is not at the time considered to be a dangerous threat or who is not attempting to escape.
During the interview, a police officer will ‘caution’ you by reading out your rights and though there are official
warnings given by police under various circumstances, cautions are to ensure that you are aware of your rights.
The caution is usually given when you have committed a serious crime and it must be recorded, whereby the
officer must state the following:
‘I must inform you that you are not obliged to say or do anything but anything you say or do may be given in
evidence. Do you understand that? I must also inform you of the following rights: You may communicate with
or attempt to communicate with a friend or relative to inform that person of your whereabouts. You may
communicate with or attempt to communicate with a legal practitioner.'
It is important to speak up if you feel that you have been a victim in some way as the law is there to protect
you and the community. In addition to police, Victoria also has Sherriff officers, who are responsible for
enforcing warrants and orders issued by Victorian courts for both civil and criminal matters, such as unpaid
fines or civil disputes. As it is there role to request payment of any outstanding debt, they have powers to
clamp wheels that will prevent use of your car as well as suspend your car registration. They also have the
capacity to seize assets that you may own and sell it to pay for the debt you may have that is outstanding.
Sometimes, in extreme cases, they also have the power to arrest.
Activity
What are some of the ways a police officer can protect the community?
Name two methods of enforcement that a Sheriff Officer can apply?
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Human Rights
Human Rights may sound straightforward, but it is fairly broad and under some special circumstances can also
be confusing. If you think about liberty or freedom, for instance, as being a human right, it does not necessarily
mean that all people are free to commit wrongs. That is why in Victoria, the State Government established the
Charter of Human Rights and Responsibilities Act 2006 (VIC) that helps clarify not only the rights of all
Victorians no matter their gender, religion or cultural beliefs among many more, but also their responsibilities
to ensure that all Victorians are free from experiencing human rights abuses. The Charter protects human
rights in different ways, such as making sure that parliament confirms that new legislation or statutory
provisions are compatible with human rights or imposing important obligations on public authorities to make
sure that they behave consistently with the rights explained in the Charter.
The Victorian Equal Opportunity and Human Rights Commission is the main place to go when learning about
human rights in Victoria and provides many services to assist people with enquiries or disputes that they may
have. They function under the charter, but also the Equal Opportunity Act 2010 and the Racial and Religious
Tolerance Act 2001, both making it illegal to discriminate people because of their characteristics, such as
having a disability, or to treat someone badly because of their race or religion. Some examples of human rights
include:
 The right to privacy and reputation
 The right to freedom of thought, conscience, religion and belief
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 Freedom of expression
 The right to peaceful assembly and freedom of association, such as a peaceful protest
 Cultural rights, such as being allowed to perform cultural practices
 The right to liberty and security of person and the right to be treated humanely when deprived of
liberty
 The right of a fair hearing or trial during legal proceedings, including criminal proceedings
Australia does not yet have a charter or Bill of Rights like Victoria, but they have other methods that protect
the rights of Australians. This includes anti-discrimination laws and one can complain to the Australian Human
Rights Commission on Commonwealth-related violations, so violations that concern the public and not just
private. Violations can involve disability, age, race, sex, relationship status, sexual orientation or gender
identity such as transgender individuals.
Internationally, the United Nations developed the core human rights norms after the atrocities of World War
Two. During the war, millions of people were killed based on their religious beliefs, for having a disability or
for their cultural identity and when the war was over, the Universal Declaration of Human Rights was formed
to prevent such extreme violence from happening again. Following the declaration, legally binding treaties –
which means that countries that sign the treaty are bound by the obligations – were formed to tackle
discrimination, hatred and violence. That is, the Universal Declaration of Human Rights is not a treaty and
therefore not legally binding. The International Covenant on Civil and Political Rights (ICCPR) and the
International Covenant on Economic, Social and Cultural Rights (ICESCR) were formed and opened for
signature and ratification in “recognition of the inherent dignity and of the equal and inalienable rights of all
members of the human family is the foundation of freedom, justice and peace in the world.”
Activity
Name the three primary acts related to Human Rights in Victoria?
1.
2.
3.
Are countries bound to the Universal Declaration of Human Rights? Explain your answer.
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Directory of Services
State and Federal
Commission for Children and Young People
1300 78 29 78
Consumer Affairs Victoria
1300 558 181
Disability Services Commissioner
1800 677 342
1300 728 187
Office of the Public Advocate
1300 309 337
Telecommunications Industry Ombudsman
1800 062 058
Victorian Ombudsman
1800 806 314
Victorian Equal Opportunity and Human
Rights Commission
1300 292 1530
Fair Work Ombudsman
13 13 94
Office of the Victorian Privacy
Commissioner
1300 666 444
Legal Services Commissioner
1300 796 344
Department of Health and Human Services
(Child Support)
131272
Public Transport Ombudsman
1800 466 865
Independent Broad-based Anti-Corruption
Commission (IBAC)
1300 735 135
Financial Ombudsman Service
1300 780 808
Health Services Commissioner
1300 582 113
Young People and the Law
Victoria Legal Aid
1300 792 387
Youthlaw
(03) 9611 2412
Youth Affairs Council of Victoria (YACVic)
(03) 9267 3799
Refugee & Immigration Legal Centre
(03) 9413 0101
Human Rights
Human Rights Law Resource Centre
(03) 8636 4450
LGBTIQ Legal Advice at Fitzroy Legal
Service
9419 3744
Victorian Aboriginal Legal Service
1800 064 865
Disability Discrimination Legal Service
1300 882 872
Muslim Legal Services Victoria
(03) 9386 6804
Victorian Immigrant & Refugee Women’s
Coalition
(03) 9654 1243
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Family, Homelessness and Domestic
Violence
Carers Victoria Advisory Line
1800 242 636
Australian Parenting and Relationship
Helpline
1300 365 859
Women’s Domestic Violence Crises Service
(24 Hours)
1800 015 188
Domestic Violence Resource Centre
9486 9866
Australian Parenting and Relationship
Helpline
1300 365 859
Aboriginal Family Violence Prevention and
Legal Service
9244 3333
1800 105 303
In Touch Multicultural Centre Against
Family Violence
9413 6500
1800 755 988
Men’s Referral Service
1300 766 491
Family Relationship Advice Line
1800 050 321
Department of Human Services Child
Protection
131278
Find and Connect
1800 161 109
Australian Psychological Society Referral
Line
1800 333 497
Bravehearts
1800 272 831
Maternal and Child Health Line
13 22 29
Parentline
13 22 29
Youth Projects
03 9945 2100
Courts
High Court of Australia
(02) 6270 6811
Federal Circuit Court of Australia
1300 352 000
Family Court of Australia
1300 352 000
County Court of Victoria
(03) 8636 6510
Supreme Court of Victoria
(03) 9603 9300
VCAT
(03) 9628 9999
Children’s Court of Victoria
8638 3300
Coroners Court of Victoria
1300 309 519
Counselling and Other Services
Safe Steps Family Violence Response Centre
1800 015 188
Sexual Assault Crisis Line
1800 806 292
Women's Information Referral Exchange
(WIRE)
1300 134 130
Headspace
03 9027 0100
P a g e | 2
Wire Women’s Support Line
1300 134 130
Kids Helpline
1800 55 1800
Lifeline
13 11 14
Minus 18 (LGBT Support)
(03) 9427 7702
Suicide Call Back Service
1300 659 467
BeyondBlue
1300 22 4636
Adults Surviving Child Abuse (ASCA)
Professional Support Line
1300 657 380
DirectLine (Alcohol and Drug Related
Counselling)
1800 888 236
Sexual Assault Crisis Line
1800 806 292
SuicideLine
1300 651 251
National Support
1800 MYLINE (1800 695 463)
A national relationships helpline for young
Australians to talk to someone about the
relationship issues they may be experiencing,
or if they are unclear about where to draw the
line between what is, or is not, a respectful
relationship.
Pregnancy, Birth and Baby Helpline (1800
882 436)
Offers free and confidential information and
counselling about pregnancy, childbirth and
babies up to 12 months old. This service is
available to women, their partners, friends
and relatives.
1800 RESPECT (1800 737 732)
A national sexual assault, family and domestic
violence counselling line for anyone who has
experienced-or are at risk of-physical or sexual
violence.
Eheadspace (1800 650 890)
A free and confidential telephone and online
service for young people aged 12-25. Qualified
youth mental health professionals provide
support to young people worried about their
mental health or experiencing issues such as
depression, bullying and isolation.
Blue Knot Helpline (1300 657 380)
Staffed by trained trauma-informed
counsellors, this support line offers
information, support and referral to adult
survivors of childhood trauma and abuse, and
partners, family and friends of survivors.
Bravehearts Information and Support Line
(1800 272 831)
Open to anyone wanting information, advice,
referrals and support regarding child sexual
assault.

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Young People and the Law

  • 1. P a g e | 0 June 30, 2016 YOUNG PEOPLE & THE LAW Education Pack & Directory YOUNG PEOPLE & THE LAW A Brief Introduction August 1, 2016 Migrant Resource Centre North West Region Inc.
  • 2. P a g e | 1
  • 3. P a g e | 2 Produced by Migrant Resource Centre North West Region 20 Victoria Crescent St. Albans, VIC 3021 Authored By Sara Aurorae - Youth Settlement Support Worker (03) 9367 6044 www.mrcnorthwest.org.au © 2016 Migrant Resource Centre North West Region You are free to copy or redistribute the work under the condition that you credit the Migrant Resource Centre North West Region Inc., following direct contact and approval from them. This work is licensed under a Creative Commons Attribution 4.0 International License. Disclaimer: Migrant Resource Centre North West Region is a non-profit organisation assisting migrants and refugees with settlement issues and supporting them through active projects. While we do all that we can to assist those in need, should you require legal assistance or advice, you will need to do so independently. The material in this education kit is also a general guide and should you require specific attention to any personal concerns you may have, you will need to acquire this information from a lawyer or legal expert. Acknowledgements: The Migrant Resource Centre North West Region would also like to acknowledge the support by the Victoria Law Foundation, particularly during our Law Week “Youths and the Law” event held at the State Library of Victoria in 2016 and for funding this project in association with that event. The video was produced in partnership with Clancy Walker, with special acknowledgement to Melanie Raymond from Youth Projects and Tamsin Mildenhall from Victoria Legal Aid.
  • 4. P a g e | 3 Contents Foreword...............................................................................................................................................................4 About Young People and the Law..........................................................................................................................5 Australian Legal System.........................................................................................................................................6 How to Understand the Law..................................................................................................................................9 Sexting.................................................................................................................................................................12 Public Transport Offences ...................................................................................................................................14 Family Law, Homelessness and Domestic Violence..............................................................................................16 Police Powers, Drugs and Alcohol........................................................................................................................18 Human Rights......................................................................................................................................................20 Directory of Services............................................................................................................................................22
  • 5. P a g e | 4 Foreword The Migrant Resource Centre North West Region Inc. is a not-for-profit, community based organisation established since 1989 providing settlement support services to migrant and refugees, aged care and disability services, along with community based projects for those living in the North Western regions of Melbourne covering Brimbank, Hume, Moonee Valley, Maribyrnong, Hobsons Bay and the Shire of Melton. We assist clients and community groups to improve their participation and integration in Australia through the identification and resolution of settlement challenges, empowerment through culturally approachable services, and advocacy and support programs providing sustainable quality care that strengthen the most vulnerable in our community, while respecting and supporting them to maintain their individual culture and heritage. The Youth Program has undergone key structural changes that has seen it transition and evolve into a thriving and innovative platform for young people that includes not just one on one casework directly with young people in need of immediate support, but also advocacy and events such as “Young People and the Law” panel discussion organised during Law Week in Victoria in 2016. The MRC North West supports an environment where people from diverse cultural backgrounds are able to participate to their full potential in the life of the Australian Community while they are free to maintain their individual culture and heritage. We value diversity, equality for all, trust, integrity and professionalism and consistently collaborate for the benefit of our client group, as we have with the Victorian Law Foundation. We hope that with adequate support, mentorship and advocacy, young people can feel the same respect that all people deserve and through the recognition and support, are able to find steady ground in life. It is with special regard that I congratulate Sara Aurorae, our Youth Settlement Support Worker, who wrote this booklet and for her efforts and integrity in making this project come to life. Her passion for the rights of young people, including children and families, is always clear to those who know her. Gulten Metin Executive Officer
  • 6. P a g e | 5 About Young People and the Law The Migrant Resource Centre North West Region in conjunction with the Victoria Law Foundation developed a program entitled “Young People and the Law” during Law Week, 2016 where a panel of experts covered topics such as:  Public Transport Offences  Human Rights  Drugs and Alcohol Abuse  Family Law and Domestic Violence  Sexting The project grant was managed by Sara Aurorae. The law week event was established to tackle concerns particularly around whether young people understood their legal rights and responsibilities and, in particular, whether community workers understood the law enough to ensure that they can assist young people should they require. As a consequence, the education booklet and directory was established by the Migrant Resource Centre North West Region as an easy resource for both young people and community workers to access information about the law that most effects them. The education booklet and directory is designed for young people aged 15-24 and can be used as a quick guide for educational and community-based settings. Please note that this has been published in July 2016 and as such amendments to the law from this point forward could change, thus it is recommended that you regularly check for any changes. The education booklet includes a legal information video, law week panel discussion video and a directory of services in the Victoria region. For more information, please contact the Migrant Resource Centre’ Youth Settlement Support Worker Sara Aurorae on (03) 9367 6044 or at sara@mrcnorthwest.org.au
  • 7. P a g e | 6 Australian Legal System There are various dimensions of the Australian Legal System, which is modelled by the Westminster System in the United Kingdom because of Australia’s English heritage. The Westminster system includes two houses in Parliament, which is known as the Bicameral Parliament that consists of the Lower House and the Upper House. The Australian Parliament contains the Senate, which is the Upper House, while the House of Representatives is the Lower House. There are three levels of lawmaking in Australia. They are, 1. Local Council and what is often known as local laws. These laws may include a wide range of community issues from how residents must correctly build your house, oblige by environmental obligations and other relevant issues limited with the council jurisdiction. 2. State and Territory Parliaments that establish laws at State or Territory level. This means that the State of Victoria has laws that could be different to New South Wales or Western Australia, because each State or Territory independently establish laws specific to their self- governing jurisdiction. Finally, there is 3. which is Federal laws, which legislate and develop laws at Federal level, which is all of Australia. The structure of the Commonwealth Parliament is set out in the Australian Constitution, or the Commonwealth of Australia Constitution Act 1900. The constitution was officially established on 1st January 1901, which is the same time that Sir. Edmund Barton was sworn in as
  • 8. P a g e | 7 the first Prime Minister of Australia. The Australian Constitution also defines what is known as the doctrine of the separation of powers, which means that there are three areas of power in Australia known as the Legislative, the Executive, and the Judiciary. The legislative are parliaments that legislate or enact laws, the executive are statutory authorities that enforce the law, and finally, the judicial are those that interpret the law, such as judges and courts. There are two types of laws within the judicial system of Australia, which are judge-made laws known as Common Law, as well as Statute Law. Common Law involves judges making decisions about individual cases if statutory law governing the case is not clear enough, whereby the judge has the authority to define and interpret the boundaries of the law for the case. In doing so, the outcome of the case and decision made by the judge becomes a precedent, which can effect similar case decisions should they arise in the future. However, according to the court hierarchy in Australia, decisions that have been made at the High Court are binding on all other courts in the country, because the High Court stands on the top of the court hierarchy list. Some decisions made by lower courts have no power or standing in higher courts within the hierarchy because they are subordinate to the superior courts. Statutory law are enacted laws, which is legislation that has been passed through parliament. Parliament initiates the process of enacting a law by first drafting a bill after an issue is raised. A bill is a proposal of a new law or an amendment of an old law. Parliament has three readings of the proposed bill, the first being the title of the new law with copies distributed to members of parliament to read. At the second reading of the proposed law, the parliamentarians who wished to introduce the bill explain the reasoning behind it, explaining why it is necessary and other relevant details before members vote following a debate. If the majority vote for the enactment of the bill, the bill will pass the second reading and proceed to the third, which is more a formality. Once the Clerk signs a certificate attached to the Bill, it is moved to the senate. The bill also goes through three readings in the Senate and if passed in the Senate, the bill returns to the House. If there are no amendments requested and a bill passed by both Houses, it will be checked and certified once again by the Clerk presented to the Governor-General for assent. Activity 1 What is Common Law?
  • 9. P a g e | 8 What are the three branches of power that play a primary role in Australian governance? 1. 2. 3.
  • 10. P a g e | 9 How to Understand the Law As Australia is a Constitutional Monarchy, currently with Queen Elizabeth II as the head or sovereign of Australia. Australia is a part of the Commonwealth realm and the monarch appoints the Governor-General to act as a representative of the Queen, according to section two of the Constitution. While the law and politics operate separately, it is important to understand the dynamics and role of both as they can interact and influence one another, in some cases dramatically. For instance, the Australian Constitution cannot be changed unless the Australian people vote in a referendum and a referendum can only be proposed in Parliament and approved before the public votes either a ‘yes’ or ‘no’ to this proposed change. Legislation has been established to deal with different legal matters of concern. These can be classified into two key areas, namely Civil Law and Criminal Law. Civil law deals with the enforcement of legal matters affecting individuals or the private domain such as family or cases such as accidents, disputes regarding the division of assets in a will following a death of a loved one, or employment contract disagreements or issues with tort wrongdoing or liability. Criminal law, on the other hand, are often related to matters that affect the peace and stability of the community and often deal with cases against individuals or groups whose conduct is objectionable and requires punishment. The laws in each State and Territory differ as Australia’s judiciary system operates at State and Federal level and it is especially important to understand the function of the courts in Victoria if you reside here. The
  • 11. P a g e | 10 Supreme Court of Victoria sits at the top of the hierarchy of Victorian Courts with only the High Court of Australia capable of reviewing any of the decisions that have been made. It is often responsible for hearing the most serious or complicated criminal and civil cases, such as murder and attempted murder or conspiracy charges among many more serious crimes. Its responsibilities are divided into two key areas, which include the Trial Division and the Court of Appeal. Depending on the case, the Supreme Court of Victoria can hear appeals from other Victorian courts and tribunals. The Supreme Court also has specialist courts such as the Family Violence Court, the Drug Court, and the Koori Court. In order to understand the hierarchy of the Victorian Court system, the County Court of Victoria also deals with serious crimes, however unlike the Supreme Court of Victoria that usually hears civil cases claiming over $200,000, the County Court can hear civil disputes claiming over $100,000. The County Court can hear criminal cases including serious assault, drug or rape charges and also has an appeals division that usually hears appeals from the Magistrates Court. The Magistrates Court sits at the lower end of the hierarchy and deals with a variety of criminal and civil matters usually related to family law – such as restraining orders – and infringements and other such penalties. The Children’s Court of Victoria often deal with matters relating to children and their families, not just as a preventative measure to ensure the safety and wellbeing of children involved in family disputes such as intervention orders, but also criminal matters by young people aged between 10 – 17 years old that the other courts are unable to hear. The Victoria Civil and Administrative Tribunal (VCAT) is a tribunal that aims at resolving both private and public related disputes including issues such as discrimination, tenancy and consumer disagreements, decisions by government that may directly affect individuals or groups and other everyday disputes. It is divided into a Civil Division, an Administrative Division, a Residential Tendencies Division, and a Human Rights Division. In addition, the Coroners Court exists to support investigations with deaths that may occur where the reason is unknown and the death itself cannot be identified. The coroner will use forensic medicine to find out why a death happened. In court, there are also different roles and functions. This includes the Judge in the County and Supreme Court who hears and makes decisions on cases, the Judge's Associate in the Supreme, County and Coroners Courts that assists the judge with various court-related duties, Magistrate which hears cases in the Magistrate and Children’s Courts, and the Associate Judge in the Supreme Court who hears and determines issues before or after a trial in civil cases but cannot hear trials. In Victoria, the Youth Justice System deals specifically with young people and crime and depending on the seriousness of the alleged crime, it is an alternative to traditional court proceedings. It works directly with youth offenders with the objective of supervising young people with the intention of reforming challenging behaviour. In court, representatives can include a Barrister – they wear the wigs in court – who are advocates for the defence of prosecution in court and is supported by a Solicitor, who will represent the accused in court and performs legal work outside of court. If a person does not have a solicitor, a duty solicitor at the court is on hand and may be available to support with representation. It is important to behave responsibly in court, including the way that you dress making sure you do not have sunglasses or a hat on and in appropriate clothing. You need to enter and leave quietly, addressing the
  • 12. P a g e | 11 magistrate as ‘Your Honour’ and standing. In some courts, a Jury is required. Eligible jury members are randomly selected through the Victorian Electoral Roll and summoned to go to court, where the judge will provide information to the jury panel. Sometimes and without any specific reason, the prosecution or the defence can request a challenge a jury member and exclude them from the case, however if you proceed to become a jury member, you are required to take an oath that you will continue with integrity, honestly and faithfully. Activity 2 Name the four divisions of the Victorian Civil and Administrative Tribunal (VCAT)? 1. 2. 3. 4. What is the basic difference between a Barrister and a Solicitor?
  • 13. P a g e | 12 Sexting Sexting between two people who are both in a consensual and intimate relationship can be considered by some as harmless fun. However, young people may not be aware of the potential dangers and the serious implications that sexting can have both legally and emotionally. In Victoria, for instance, a person over the age of 18 can be charged with possessing child pornography if they possess a photo of someone in a sexually explicit or indecent sexual manner who is under the age of 18. Federal, State and Territory laws that have been enacted to tackle child pornography treat the offence very seriously and while exceptions have been amended that allow young people to be exempt from potential criminal offences, the Crimes Act 1958 (Vic) states a person who knowingly possesses a nude or sexually indecent photo or image of someone under the age of 18 is guilty of an indictable offence. The Crimes Act 1958 (Vic) also makes it illegal if the image or video is of a child under the age of 16 as it is considered to be an indecent act, that is ‘a person must not wilfully commit, or wilfully be in any way a party to the commission of, an indecent act with or in the presence of a child under the age of 16’. If a person is caught in possession of or distributing a sexting image of someone underage, they are not only at risk of a serious criminal offence but could also be placed on the sex offender register, which is a platform that improves community awareness and safety by listing offenders to Victoria police and are required to perform a number of duties including keeping the police informed of their contact details and location to prevent any contact with children. In addition to child pornography, if someone has received a sexting photograph or video and threatens to distribute the file to other people or places, they could spend a year in prison and even more if the image is of someone under the age of 18. The act of threatening and distributing
  • 14. P a g e | 13 is a form of bullying and harassment and due to the technological setting, namely with the use of mobile phones or computers, such sexting threats can be treated as cyberbullying and sexual harassment. Sexting is not a joke. If someone does not consent to the distribution of their image that they may have initially sent in confidence to a person they trusted, laws have been developed to protect them from being exploited. Before you send a text of yourself, remember that images that are not in your control could potentially damage your reputation and even future career prospects if not handled with caution. There is a chance that the image can be available online forever. Think twice before clicking send. Activity 3 Name two areas of the Crimes Act 1958 (Vic) that make it an indictable offence when an adult is sexting with someone under the age of 16. What is the sex offender register? NN
  • 15. P a g e | 14 Public Transport Offences Perhaps the most important area of concern for young people is public transport offences, only because it is quiet common for young people to experience interaction with public transport authorities. A public transport authority is called a Protective Service Officer (PSO) and they have some similar powers as police including the capacity to arrest and are also armed, patrolling stations in Melbourne and protecting commuters. The most common public transport offences is a failure to produce a valid ticket, that is, to be on public transport without paying for a valid ticket and thus fare evading. Public transport authorities regularly check trains and trams and if you are caught without one, you will receive an infringement. There are two options with paying for the infringement, one being on the spot penalty fares [which will be replaced on January 1, 2017] and the other option of paying for the fine later. Ticket inspectors are required to ask for your name and address and they also have the capacity to check whether the details you provide is valid if you are unable to show a valid identity card like a student pass, drivers licence or learners permit. This is to ensure that the details of the fine are correctly sent to the right person. If someone fails to give a name or address or provides false ones, authorised authorities have special powers including arresting you and it may involve police, court and fined. Other possible reasons for public transport infringements is a failure to produce evidence of concession as there are two types of Myki travel cards that can be purchased, which are concession and full fare. If you hold a concession Myki but do not have a valid concession card obtainable from Centrelink, you are at risk of receiving a fine. Behaviour and public etiquette is another relevant area to think about when travelling on public transport in Victoria. Foul language such as swearing, yelling or abusive behaviour is not tolerated
  • 16. P a g e | 15 anywhere on trains or platforms. In addition, damaging the carriage in any way or making others feel uncomfortable including vandalising, placing feet on furniture, littering or smoking is prohibited. If you receive a fine and object to it, you have the option of seeking a review of the fine, which can be completed by filling out an available form at Civic Compliance Victoria explaining the reasons behind why you feel the infringement is incorrect. You can also write to or contact Public Transport Victoria [PTV] or the Department of Economic Development, Jobs, Transport and Resources for further information and advice relating to a review of your infringement. You can take it further by contacting the Public Transport Ombudsman (Victoria) if you experienced a situation or an outcome that is unfavourable. Activity 4 Name several types of behaviour that could get you into trouble if travelling on public transport? 1. 2. 3. Do Protective Service Officers (PSO) have special powers to arrest people on public transport?
  • 17. P a g e | 16 Family Law, Homelessness and Domestic Violence While family violence tends to remain a subject that most people rarely discuss, it would be surprising for many to know that there are a substantial amount of young people in Australia who are living or have lived in an environment that contained violence in the home from a parent or guardian. In Australia, a woman is killed every week by a partner or ex-partner with Victoria Police reporting that family violence incidents are on the rise. Domestic violence and family breakdown can have a huge impact on young people, including mental health issues such as anxiety and depression, homelessness and poverty, all of which may lead to potential drug or alcohol abuse. As with all violence, family violence is injurious both mentally and physically and it is important for everyone to feel safe and secure in their own home. According to the Family Violence Protection Act 2008 (Vic), the meaning of family violence is: (a) behaviour by a person towards a family member of that person if that behaviour— (i) is physically or sexually abusive; or (ii) is emotionally or psychologically abusive; or (iii) is economically abusive; or (iv) is threatening; or (v) is coercive; or
  • 18. P a g e | 17 (vi) in any other way controls or dominates the family member and causes that family member to feel fear for the safety or wellbeing of that family member or another person; or (b) behaviour by a person that causes a child to hear or witness, or otherwise be exposed to the effects of, behaviour referred to in paragraph (a). Family violence is behaviour that is harmful to not just those experiencing it physically, but also those who are witnessing the abuse, including violence such as hitting, punching or pushing someone or forcing them to have sexual intercourse, controlling a person emotionally or psychologically by threatening, stalking, insulting the person and their appearance or financially controlling. It makes any member of the family member afraid and children who witness or is present and hears family violence is protected by the law. The law is mostly concerned about what is best for the children and the victims when relationships between two intimate partners have broken down. Parents are considered the most important person in a child’s life and the experience of violence in the home as well as a family breakdown can be extremely stressful for children and teenagers to cope with that could lead to many difficulties even later in life. It is also difficult for families to cope financially and many are unaware of the options that they have, feeling rejected socially and dejected mentally. It is important for families to understand their rights and discussing your personal difficulties with legal staff can assist people to understand how to protect themselves and their children and Victoria Legal Aid may be able to assist should there be financial difficulties as they provide over the phone support. There are also many services available both over the phone, online or face-to-face to assist young people during a family breakdown, which is visible in the directory at the end of the booklet. Services for families who require immediate escape from family violence is available, including refuge accommodation as well as telephone crisis counselling such as Safe Steps. To apply for a family violence intervention order, a person will need to go to their closest magistrate’s court and talk to the court registrar about their situation before completing an application form, which requires details about others, including children, who require protection from a potentially abusive member of the family.The process may be lengthy, therefore if immediate protection is required one can request an interim order with the magistrate and if in serious danger, a warrant which means that the threatening individual could be arrested. Activity Name three types of abuse as described in the Family Violence Protection Act 2008 (Vic)? 1. 2. 3. If a person applied for an intervention order but felt that their life was in serious danger, what other options do they have while at the Magistrates Court?
  • 19. P a g e | 18 Police Powers, Drugs and Alcohol There are several key areas of law enforcement applicable in Victoria, the most well-known being police men and women who play a vital role in protecting people. The role of a police officer is to monitor criminal activity and protect the community, including on the road, during emergencies and to investigate crimes after they have been committed to ensure they detain the culprits from criminal acts again. Crimes include theft and burglary, violence, homicide, cybercrime, rape and stalking, and financial crimes such as fraud or embezzlement. Drug use and possession along with the misuse and abuse of alcohol is significant amongst young people in Victoria and has a significant impact on their welfare and wellbeing, including short term physical harm such as public and domestic violence and road trauma that may result in death or serious physical damage, along with long term effects including psychological damage. If you get into trouble with a police officer, it is important to remember that you have both rights and obligations. The Victoria Police have established a code of conduct that ensures all officers are professional and ethical in the way they conduct themselves with people, including young people. For instance, there are rules for when police can obtain the fingerprints of a young person without parent or guardian consent or permission when taking your photograph. To learn more about your rights when you encounter police authorities, you must be aware of your obligations and the powers police have when they question or detain you. Some of these powers include the procedure
  • 20. P a g e | 19 to stop and search you without a warrant especially if they believe you are a serious threat, such as having reasonable grounds to suspect you are carrying weapons or drugs. If they believe you have broken the law in some way, they have the power to arrest you and to interview you. If you are a child or someone with a cognitive impairment, a guardian should be present during this process. Sometimes, this may require the use of force however it must not be disproportionate to necessary grounds for which it is applied against someone they reasonably believe has committed a crime. For instance, excessive force or violence against someone who is not at the time considered to be a dangerous threat or who is not attempting to escape. During the interview, a police officer will ‘caution’ you by reading out your rights and though there are official warnings given by police under various circumstances, cautions are to ensure that you are aware of your rights. The caution is usually given when you have committed a serious crime and it must be recorded, whereby the officer must state the following: ‘I must inform you that you are not obliged to say or do anything but anything you say or do may be given in evidence. Do you understand that? I must also inform you of the following rights: You may communicate with or attempt to communicate with a friend or relative to inform that person of your whereabouts. You may communicate with or attempt to communicate with a legal practitioner.' It is important to speak up if you feel that you have been a victim in some way as the law is there to protect you and the community. In addition to police, Victoria also has Sherriff officers, who are responsible for enforcing warrants and orders issued by Victorian courts for both civil and criminal matters, such as unpaid fines or civil disputes. As it is there role to request payment of any outstanding debt, they have powers to clamp wheels that will prevent use of your car as well as suspend your car registration. They also have the capacity to seize assets that you may own and sell it to pay for the debt you may have that is outstanding. Sometimes, in extreme cases, they also have the power to arrest. Activity What are some of the ways a police officer can protect the community? Name two methods of enforcement that a Sheriff Officer can apply?
  • 21. P a g e | 20 Human Rights Human Rights may sound straightforward, but it is fairly broad and under some special circumstances can also be confusing. If you think about liberty or freedom, for instance, as being a human right, it does not necessarily mean that all people are free to commit wrongs. That is why in Victoria, the State Government established the Charter of Human Rights and Responsibilities Act 2006 (VIC) that helps clarify not only the rights of all Victorians no matter their gender, religion or cultural beliefs among many more, but also their responsibilities to ensure that all Victorians are free from experiencing human rights abuses. The Charter protects human rights in different ways, such as making sure that parliament confirms that new legislation or statutory provisions are compatible with human rights or imposing important obligations on public authorities to make sure that they behave consistently with the rights explained in the Charter. The Victorian Equal Opportunity and Human Rights Commission is the main place to go when learning about human rights in Victoria and provides many services to assist people with enquiries or disputes that they may have. They function under the charter, but also the Equal Opportunity Act 2010 and the Racial and Religious Tolerance Act 2001, both making it illegal to discriminate people because of their characteristics, such as having a disability, or to treat someone badly because of their race or religion. Some examples of human rights include:  The right to privacy and reputation  The right to freedom of thought, conscience, religion and belief
  • 22. P a g e | 21  Freedom of expression  The right to peaceful assembly and freedom of association, such as a peaceful protest  Cultural rights, such as being allowed to perform cultural practices  The right to liberty and security of person and the right to be treated humanely when deprived of liberty  The right of a fair hearing or trial during legal proceedings, including criminal proceedings Australia does not yet have a charter or Bill of Rights like Victoria, but they have other methods that protect the rights of Australians. This includes anti-discrimination laws and one can complain to the Australian Human Rights Commission on Commonwealth-related violations, so violations that concern the public and not just private. Violations can involve disability, age, race, sex, relationship status, sexual orientation or gender identity such as transgender individuals. Internationally, the United Nations developed the core human rights norms after the atrocities of World War Two. During the war, millions of people were killed based on their religious beliefs, for having a disability or for their cultural identity and when the war was over, the Universal Declaration of Human Rights was formed to prevent such extreme violence from happening again. Following the declaration, legally binding treaties – which means that countries that sign the treaty are bound by the obligations – were formed to tackle discrimination, hatred and violence. That is, the Universal Declaration of Human Rights is not a treaty and therefore not legally binding. The International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) were formed and opened for signature and ratification in “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.” Activity Name the three primary acts related to Human Rights in Victoria? 1. 2. 3. Are countries bound to the Universal Declaration of Human Rights? Explain your answer.
  • 23. P a g e | 22 Directory of Services State and Federal Commission for Children and Young People 1300 78 29 78 Consumer Affairs Victoria 1300 558 181 Disability Services Commissioner 1800 677 342 1300 728 187 Office of the Public Advocate 1300 309 337 Telecommunications Industry Ombudsman 1800 062 058 Victorian Ombudsman 1800 806 314 Victorian Equal Opportunity and Human Rights Commission 1300 292 1530 Fair Work Ombudsman 13 13 94 Office of the Victorian Privacy Commissioner 1300 666 444 Legal Services Commissioner 1300 796 344 Department of Health and Human Services (Child Support) 131272 Public Transport Ombudsman 1800 466 865 Independent Broad-based Anti-Corruption Commission (IBAC) 1300 735 135 Financial Ombudsman Service 1300 780 808 Health Services Commissioner 1300 582 113 Young People and the Law Victoria Legal Aid 1300 792 387 Youthlaw (03) 9611 2412 Youth Affairs Council of Victoria (YACVic) (03) 9267 3799 Refugee & Immigration Legal Centre (03) 9413 0101 Human Rights Human Rights Law Resource Centre (03) 8636 4450 LGBTIQ Legal Advice at Fitzroy Legal Service 9419 3744 Victorian Aboriginal Legal Service 1800 064 865 Disability Discrimination Legal Service 1300 882 872 Muslim Legal Services Victoria (03) 9386 6804 Victorian Immigrant & Refugee Women’s Coalition (03) 9654 1243
  • 24. P a g e | 1 Family, Homelessness and Domestic Violence Carers Victoria Advisory Line 1800 242 636 Australian Parenting and Relationship Helpline 1300 365 859 Women’s Domestic Violence Crises Service (24 Hours) 1800 015 188 Domestic Violence Resource Centre 9486 9866 Australian Parenting and Relationship Helpline 1300 365 859 Aboriginal Family Violence Prevention and Legal Service 9244 3333 1800 105 303 In Touch Multicultural Centre Against Family Violence 9413 6500 1800 755 988 Men’s Referral Service 1300 766 491 Family Relationship Advice Line 1800 050 321 Department of Human Services Child Protection 131278 Find and Connect 1800 161 109 Australian Psychological Society Referral Line 1800 333 497 Bravehearts 1800 272 831 Maternal and Child Health Line 13 22 29 Parentline 13 22 29 Youth Projects 03 9945 2100 Courts High Court of Australia (02) 6270 6811 Federal Circuit Court of Australia 1300 352 000 Family Court of Australia 1300 352 000 County Court of Victoria (03) 8636 6510 Supreme Court of Victoria (03) 9603 9300 VCAT (03) 9628 9999 Children’s Court of Victoria 8638 3300 Coroners Court of Victoria 1300 309 519 Counselling and Other Services Safe Steps Family Violence Response Centre 1800 015 188 Sexual Assault Crisis Line 1800 806 292 Women's Information Referral Exchange (WIRE) 1300 134 130 Headspace 03 9027 0100
  • 25. P a g e | 2 Wire Women’s Support Line 1300 134 130 Kids Helpline 1800 55 1800 Lifeline 13 11 14 Minus 18 (LGBT Support) (03) 9427 7702 Suicide Call Back Service 1300 659 467 BeyondBlue 1300 22 4636 Adults Surviving Child Abuse (ASCA) Professional Support Line 1300 657 380 DirectLine (Alcohol and Drug Related Counselling) 1800 888 236 Sexual Assault Crisis Line 1800 806 292 SuicideLine 1300 651 251 National Support 1800 MYLINE (1800 695 463) A national relationships helpline for young Australians to talk to someone about the relationship issues they may be experiencing, or if they are unclear about where to draw the line between what is, or is not, a respectful relationship. Pregnancy, Birth and Baby Helpline (1800 882 436) Offers free and confidential information and counselling about pregnancy, childbirth and babies up to 12 months old. This service is available to women, their partners, friends and relatives. 1800 RESPECT (1800 737 732) A national sexual assault, family and domestic violence counselling line for anyone who has experienced-or are at risk of-physical or sexual violence. Eheadspace (1800 650 890) A free and confidential telephone and online service for young people aged 12-25. Qualified youth mental health professionals provide support to young people worried about their mental health or experiencing issues such as depression, bullying and isolation. Blue Knot Helpline (1300 657 380) Staffed by trained trauma-informed counsellors, this support line offers information, support and referral to adult survivors of childhood trauma and abuse, and partners, family and friends of survivors. Bravehearts Information and Support Line (1800 272 831) Open to anyone wanting information, advice, referrals and support regarding child sexual assault.