A lawyer specializing in youth legal issues has dispelled common myths about criminal records and warned young Australians that misconduct can follow them well into adulthood, contradicting widespread belief that turning 18 wipes the slate clean.
Guglielmo Plain, who works with young people at the Uniting Communities Law Centre, told BTN High that the reality is far more complicated than many teenagers assume. "Firstly, if you're under the age of 10 or 12, depending on from state to state, then it may be that you can't be charged with a criminal offence," he said.
State-by-State Criminal Responsibility
The minimum age of criminal responsibility varies significantly across Australia. It's under 14 in the Australian Capital Territory, under 10 in New South Wales, under 10 in the Northern Territory, under 10 in Queensland, under 10 in South Australia, under 10 in Tasmania, under 12 in Victoria and under 10 in Western Australia.
Beyond those ages but before 18, there are important 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 there's lots of offending over a period of time, then the courts can decide to record those offences.
For very serious offences leading to long periods in youth detention, those records could stay on file for life. 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," he said.
Parental Rights and Surveillance
On the question of 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 or 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 added.
People unsure about the legal lines should contact a lawyer, child protection agency, school counsellor or an organisation such as 1800RESPECT. They might be able to give a reality check about whether parental actions are just good parenting versus something that's actually not OK.
Joint Criminal Enterprise
Plain warned about the concept of 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," he said.
He's represented clients who had charges completely dropped after CCTV evidence showed them simply walking away from a group incident.
Social Media Evidence
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," Plain said.
In many states there's what's called post-and-boast laws where 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 makes it look cool or great. Even reposting someone else's content can get a person into trouble in some states.
Age of Consent Varies
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, 16 in New South Wales, 16 in the Northern Territory, 16 in Queensland, 17 in South Australia, 17 in Tasmania, 16 in Victoria and 16 in Western Australia.
"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.
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.
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 centres. "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:
Personal responsibility and understanding consequences matter from an early age. The legal system doesn't automatically erase youthful mistakes, particularly serious or repeated offenses that can affect employment prospects, educational opportunities, and professional licensing for years to come. Parents retain broad authority to monitor their children's activities, reflecting traditional recognition of parental rights and duties in raising children safely. However, the law also recognizes limits when surveillance becomes harmful. The proliferation of social media has created new legal pitfalls where teenagers inadvertently create permanent evidence trails of poor judgment. Understanding these boundaries helps young people make informed choices that protect their futures without unnecessary government intervention after the fact. Free legal resources exist precisely because early guidance prevents costlier problems later.