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AustraliaSettlement Guide: The laws that govern the rights of children in Australia

Settlement Guide: The laws that govern the rights of children in Australia

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The United Nations Convention on the Rights of the Child is an international human rights treaty. It has an outline for the special rights of children and young people. Almost every country in the world, including Australia, is committed to the Convention, which is considered one of the most widely ratified human rights treaties.

Australia’s Compulsory Reporting Act requires any child to report abuse to the Government Child Protection Service.

In Australia, schooling is compulsory for children between the ages of 6 and 18.

In Australia, a 10-year-old child can be arrested, charged, brought to justice and even jailed.

This settlement guide explains what rights children have in Australia and how they are protected by Australian law.

The Convention on the Rights of the Child includes the right to be safe, to participate in sports, to be educated and to grow up healthy.

Paula Garber is a professor of law at Monash University and an internationally renowned thinker in international human rights law. She works on children’s rights.

“Parents will play a key role in the child’s right to healthy growth,” he said.

Children also have the right to be safe wherever they are.

The Compulsory Reporting Act, which differs slightly from state to state in Australia, requires that you report to the Government Child Protection Services if you suspect abuse.

Professor Garber explains that it also applies to physical, sexual and emotional abuse, neglect and domestic violence.

He says the law requires any professional to report to the Child Protection Service if a child appears to be a victim of violence, abuse, or even neglect. It falls under the Human Services Department of the government The kind of professionals who are obliged to report are doctors, nurses, teachers, police, and workers in religious organizations.

Professor Garber says schooling is compulsory for children aged 6 to 18 in Australia.

She said parents need to make sure they are going to school and the school also needs to make sure the children are there.

Professor Garber says about 20,000 children do home-schooling with their parents each year, but they must apply for a permit and report progress regularly to the Department of Education.

In Australia, children are not allowed to work for paid until they are 15 years old.

15- to 16-year-olds should not work more than three hours a day or 12 hours per week during school hours.

However, during school holidays it can be up to six hours a day or up to 30 hours per week.

Professor Garber said the legal age for marriage in Australia is at least 18.

He says child marriage laws in Australia are very strict. Therefore, if a child is forcibly married or any such arrangement is made, there is a provision of criminal punishment or imprisonment for up to nine years. And up to 25 years in prison if a minor is taken out of the country for the purpose of marriage.

If two people under the age of 18 want to get married, they must get the consent of their parents as well as the permission of the court. The court will only allow this in exceptional or unusual circumstances.

Dr Faith Gordonis is an Associate Professor in the College of Law at the Australian National University and Deputy Associate Dean of the Research Department.

He says Australia signed the UN Convention on the Rights of the Child in 1990, but the laws differ slightly between states and territories.

He says the convention is not established in our domestic legal framework because it is a federalized system. Each of the states and territories has its own law on child protection youth justice. This means that the law that applies to a child or young person in New South Wales does not apply to Victoria.

Professor Garber says Australia needs legislation that more explicitly guarantees the rights and protection of children.

“We have the Convention on the Rights of the Child, but we do not have the Children’s Rights Act,” he said.

In Australia, a 10-year-old child can be arrested, charged, tried and even jailed.

Professor Gordon said Australia had a lower minimum age for conviction than any other country.

He says the most up-to-date research shows that children and adolescents develop brain development up to the age of 25. Therefore, it is not right to convict a child at the age of 10. And the United Nations has called on Australia to raise the age to at least 14.

Professor Garber says another major problem is the high incidence of indigenous juvenile detention in the youth justice system.

Court diversion programs work well, but require more resources, says Professor Garber.

The same statement was made by Professor Gordon. He says there is a need for more resourcing and assistance.

Professor Gordon said the Community Legal Center provides vital support to some people.

She says there are community legal centers that offer free legal advice based on your income. There are also Indigenous Legal Centers where useful information can be obtained.

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