SA

Whenever a person attends court, it is important that they adhere to court etiquette. This means being quiet and courteous while in court and obeying any directions the judge, magistrate or other court staff give. Failing to obey the directions of court staff or being disrespectful in court can result in criminal charges such as…

The Youth Court in South Australia deals with people aged between 10 and 18 who are charged with criminal offences. It also deals with child protection matters and adoption and surrogacy matters. The Youth Court is governed by the Youth Court Act 1993. Youth Court hearings are closed to the public but journalists are permitted…

There is no national legislation around animal welfare but each state and territory has animal welfare laws. In South Australia, the Animal Welfare Act 1985 regulates the treatment of animals and their use by humans and sets out offences relating to animal cruelty. The act defines an animal as any vertebrate animal except humans and…

South Australia was the first Australian state to introduce liberal abortion laws. Abortion is legally available in some circumstances, but tight restrictions still exist and the state retains criminal penalties for abortions performed unlawfully. When is abortion legal in SA? Section 82 of the Criminal Law Consolidation Act sets out the circumstances in which abortion…

Imprisonment is the most severe penalty that South Australian courts can impose. It is a sentence of last resort and must be imposed only when no less severe penalty is appropriate. Prisoners in South Australia may be on remand or serving a sentence. Sentences of imprisonment may be suspended by the court, either wholly or…

Whilst in some respects South Australia has led the way in spearheading law reforms to protect the rights of lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) people, in other respects, the state lags behind the rest of the country in its protection of LGBTIQ rights. South Australia was the first Australian state to decriminalise…

South Australians are protected from sexual harassment both under state law, in the form of the Equal Opportunity Act 1984 and under federal law, under the Sex Discrimination Act. Sexual harassment means any conduct of a sexual nature that is unwanted and that a reasonable person would find offensive. Definition of sexual harassment Under the…

Cyclists in South Australia must obey the same road rules as motorists as well as some extra rules that apply only to cyclists. When cyclists ride on a bike path or a shared path there are also rules they must abide by. The laws around riding bicycles are set out in the Australian Road Rules.…

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…