SA

The Criminal Law in South Australia is governed by the Criminal Law Consolidation Act. This act makes a number of types of sexual behaviour towards adults offences as well as setting out the penalties for sexual offences against children. The sexual offences against adults that exist in South Australia, and the penalties that apply for…

The criminal laws of different states and territories across Australia are notorious for their lack of consistency. One example of this is the age of consent for sexual acts. While the age of consent is 16 in the majority of jurisdictions, it is 17 in South Australia and Tasmania. This applies to penetrative sexual intercourse,…

A person experiencing domestic or family violence can apply for an Intervention Order in South Australia restraining the other person from committing further abuse. The main legislation dealing with Intervention Orders in South Australia is the Intervention Orders (Prevention of Abuse) Act 2009. The Act sets out how a person can apply for a restraining…

Breaching an Intervention Order in South Australia (previously known Restraining Orders) is set out in section 31 of the Intervention Orders (Prevention of Abuse) Act 2009.   An Intervention Order places restrictions on the defendant from contacting the protected person. The parties may have been in a domestic or non-domestic relationship. An Intervention Order in…

Consumer claims in South Australia are mostly handled by Consumer and Business Services (CBS) which forms part of the Attorney-General’s department. There are however, a range of statutory bodies which have also been established to deal with consumer claims in SA. These include the Australian Competition and Consumer Commission (the ACCC) the Telecommunications Ombudsman which…

A power of attorney in South Australia is a legally binding document which gives someone the power to act as your agent and make decisions on your behalf. In SA, the document is referred to as a ‘Deed’, the person making the power of attorney is known as the ‘donor’ and the attorney is referred…

Fraud in South Australia is charged under the general offence of deception, which is found in section 139 of the Criminal Law Consolidation Act 1935 (SA). This section replaced the common law offences relating to dishonesty that applied in South Australia before 2002. The offence of deception is established when: A person deceives another; By…

Under the Children’s Protection Act 1993 and the Children’s Protection Regulations 2010 employees and volunteers must meet mandatory screening requirements if they work in a “prescribed position” in certain organisations that work with children. This screening involves a criminal history assessment, which must be done in accordance with the standards developed by the Department for…

There are many firearms offences in SA (South Australia), some of which carry severe penalties. To possess, own or use a firearm anywhere in the state, you have to have obtained a licence and your firearm must have been registered. Eligibility for a licence is set out in the Firearms Act 1977 and includes: sporting…

Many of the drug offences in South Australia fall under the Controlled Substances Act 1984, which regulates or bans the manufacture, production, supply, sale or possession of certain drugs. It declares which drugs are drugs of dependence, controlled drugs, prescription drugs, controlled plants and controlled precursors (or ingredients). The Summary Offences Act 1953 bans the…

Drug diversion in South Australia is of 2 types: those offered by the Police and those offered by the Courts. Police options include Cannabis Expiation Notices and the Police Drug Diversion Initiative. Court options for drug diversion in South Australia include the Treatment Intervention Programs for those with drug and mental health problems, the Port…

Police powers to conduct personal searches in SA (South Australia) are authorised by the Summary Offences Act 1953, the Controlled Substances Act 1984, and the Criminal Law (Forensic Procedures) Act 2007. Generally, a person must have been arrested before they can be searched. However, police may search people without arresting them: if they have a…

In line with the Police Complaints and Discipline Act 2016, the process to make a complaint about police will change in September 2017. This page will be updated shortly to reflect the new process. If you wish to report police misconduct in South Australia, you may contact either South Australia Police (SAPOL), the Office of…

The law regarding the Sex Offenders Register in South Australia is the Child Sex Offenders Registration Act 2006. The aim of the register is to protect children from sexual predators by limiting the opportunities for offenders such as stopping them from taking part in child-related work. The Sex Offenders Register in South Australia can only…