Lawyer Guglielmo Plain, who specializes in working with young people at the Uniting Communities Law Centre, is answering the legal questions that keep Australian teens up at night. Speaking to BTN High, Plain tackled everything from criminal records to consent laws—issues that can shape young lives for decades.
The stakes are higher than most young people realize. And the rules aren't the same everywhere.
Criminal Records Don't Disappear at 18
Plain said it's a common misconception that a person's criminal history disappears when they turn 18. "The reality is a lot more complicated," he said. The minimum age of criminal responsibility varies widely: it's under 14 in the Australian Capital Territory and under 12 in Victoria, but under 10 in New South Wales, the Northern Territory, Queensland, South Australia, Tasmania, and Western Australia.
Beyond those ages but before 18, there are caveats. "Firstly, how serious the offence was. So, if the offence was not very serious or it was a one-off, there is a chance that it's not going to appear on your criminal history," Plain said. However, if the offending was much more serious or occurred repeatedly over time, courts can decide to record those offences. "And then finally, if the offence is very, very, very serious and it leads to a long period in custody, like youth detention, then it could stay on your record for the rest of your life," he said.
Working-with-children checks and any cases that go through court will always be on record. "So in summary, don't offend. That's the best advice I can give you. But the law does take into account that kids do stuff, and they try not to ruin a kid's life for the rest of their life because they've done something," Plain said.
When Parental Monitoring Crosses Legal Lines
On parents looking through a child's phone, Plain said the general answer is yes, because parents have broadly the right and responsibility to keep children safe. But what that surveillance looks like when you're 12 versus when you're 17 is going to be very different.
Parents could be charged with things like stalking, harassing, and in some states there's legislation around coercive control. If a parent is causing serious mental harm or distress by constantly tracking, harassing, or checking phones inappropriately, that could be moving into an illegal space. "And certainly, if there are family law issues where, for example, a parent is using information that they've taken from your phone towards another parent where they're divorced and stuff like that, it could be a really serious problem as well," he said.
People unsure about the legal lines should contact a lawyer, child protection agency, school counselor, or an organization such as 1800RESPECT. "They might be able to give you a bit of a reality check about whether the stuff that your parents are doing is just good parenting, but might be annoying, versus something that is actually not OK," Plain said.
Group Situations and Joint Criminal Enterprise
On being with friends while they break the law, Plain said there's a concept called joint criminal enterprise, which means courts will charge groups of people collectively with the same thing. Sentencing can differ depending on what each person has done.
"My advice is if you are hanging out with a group of people that are doing something that you reckon is illegal, the best way for you to avoid getting into any sort of trouble is to actively move away from that situation, actively try and discourage them, or if they're not being discouraged, just walk the other way," Plain said. He's represented clients who had charges completely dropped after CCTV evidence showed them simply walking away from a group incident. "Generally, try and move away. That's the best answer I can give you," he said.
Social Media Posts Can Become Evidence
Plain said posting or sharing videos of fights or crimes on social media often gets young people in trouble. "One, it's pretty dumb because you're basically giving all that evidence that police want, handing it over to them on a silver platter, ready for them to prosecute you or anybody else who's involved," he said.
"Secondly, in a lot of states there's what's called post-and-boast laws where basically you can get charged with an offence separately because you posted something about a criminal offence, especially if you're posting it in a way that sort of makes it look like it's cool or great or awesome or whatever," he added. Even reposting someone else's content can get a person into trouble in some states.
Consent Laws Vary by State
Plain said sexual consent is another area where young people can get into serious trouble. The age of consent is 16 in the Australian Capital Territory, New South Wales, the Northern Territory, Queensland, Victoria, and Western Australia. It's 17 in South Australia and Tasmania.
"What you need to keep in mind is just because you're both under that age, you're not actually able to consent. Therefore, potentially you could both get into trouble for it," he said. Police don't commonly charge in those cases, but if parents get involved or one partner gets upset, it can become a legal issue very quickly.
Plain said if you're distributing nudes and you're under 18, that's technically distributing child pornography. Sending nudes of people who aren't 18 is a really terrible idea, and probably even of people who are 18 is probably not a fantastic idea either, he said.
Laws differ in every state and territory and it's best to contact a lawyer within your state or territory for advice. If cost is an issue, there are free options such as community legal centers. "Basically, if you are getting in trouble with police, if anything's happening and you think, 'I don't know what my rights are here', it's best to get in touch with a lawyer sooner rather than later and have a pretty frank conversation with them about what your issue is," Plain said.
Why This Matters:
Young Australians face a patchwork of laws that vary dramatically by state and territory, from the age of criminal responsibility to consent laws. Without clear, accessible legal education, teens risk consequences that can follow them into adulthood—from criminal records that don't disappear at 18 to charges related to social media posts or consensual relationships. The complexity of these laws, combined with limited youth awareness, creates a system where young people can unknowingly cross legal boundaries with lifelong consequences. Access to free legal resources like community legal centers becomes essential protection, especially for young people from families who can't afford private legal advice. The stakes are particularly high for vulnerable youth who may already face systemic disadvantages.