8 frequent myths about Australian regulation

We’ve all been at a piece or household gathering when somebody has supplied a seemingly authoritative assertion about the way in which the regulation operates.

With out some data of the sector of regulation, listeners could merely nod their heads sagely and tut-tut in regards to the perceived inadequacies and injustices which have been revealed.

However there are a lot of misconceptions in regards to the regulation. Listed here are eight frequent falsehoods.

1. If individuals snicker at my joke then it’s not sexual harassment

This isn’t right. Sexual harassment is outlined as any unwelcome sexual behaviour that makes an individual really feel offended or humiliated, the place that response is cheap within the circumstances.

A survey by the Australian Human Rights Fee discovered over the previous 5 years, one in three staff skilled sexual harassment of their office. The survey discovered reporting of office sexual harassment stays alarmingly low, at solely 18%.

Girls (41%) have been much more doubtless than males (26%) to expertise harassment. Greater than three-quarters of harassers have been males.

In November, the federal parliament handed the Respect@Work invoice which creates a optimistic obligation on all employers to implement measures to forestall sexual harassment.

2. I don’t have to offer my title and deal with to police, as I’ve a proper to silence

The correct to stay silent when questioned by police is a elementary safety supplied by the frequent regulation. Nevertheless, this proper is not absolute, and doesn’t imply you don’t have to offer them sure private data.

Laws in each Australian jurisdiction provides police the best to ask for particulars that may help their enquiries. For instance, in South Australia, you need to present your full title, date of beginning and deal with if a police officer has affordable trigger to suspect you’ve dedicated or are about to commit an offence, or if you happen to might be able to help within the investigation of an offence.

It’s an offence to refuse to offer police your private particulars, or if you happen to present false or deceptive data. Police may ask you to determine drivers of motor automobiles wherein you’re travelling. However they’ll’t demand that you just reply any additional questions, and should offer you a warning that something you may say could also be later utilized in proof.

The place there was a violent arrest, or the arrested particular person is unable to understand or perceive their rights, the warning have to be repeated as soon as the arrested particular person has settled down or sobered up.

3. My boyfriend moved in with me a yr in the past and left final week, so now I’ve to offer him half of my belongings

For an individual in a de facto relationship to achieve success in any property settlement, they need to fulfill the Household Court docket that:

• the connection has lasted at the least two years

• or the events have had a toddler collectively

• or the connection was registered underneath a state or territory relationship registration scheme

• or one get together has made substantial monetary or non-financial contributions to the opposite get together and that critical injustice would consequence if an order weren’t made.

Additionally, there’s no presumption of a 50:50 cut up in Australian household regulation. In figuring out a simply and equitable division of property, the court docket will think about the events’ respective belongings, the contributions every get together has made to the connection, and every get together’s future wants.

4. I’m not answerable for issues others write on my Fb

Whereas it might be onerous to imagine, you should still be responsible for issues others submit in your social posts, even if you happen to don’t learn about them.

In 2021 the Excessive Court docket dominated that media corporations might be responsible for defamatory feedback made by readers on their Fb posts. The ruling extends past Fb and certain applies to any social media platform together with Instagram, TikTok, Twitter and LinkedIn.

Learn extra:
Excessive Court docket guidelines media are responsible for Fb feedback on their tales. This is what which means in your favorite Fb pages

It additionally extends past media corporations and covers companies and personal people, together with these operating on-line neighborhood teams and boards, reminiscent of directors of Fb teams.

However watch this house – state and territory attorneys-general have simply given in-principle settlement to amend defamation legal guidelines to guard “web intermediaries” reminiscent of social media directors. The small print are but to emerge however should not more likely to defend egregious feedback that ought to have been observed and eliminated by an individual posting on their very own social media platforms.

5. I can go away my children within the automotive for a couple of minutes as long as I go away a window open

This isn’t true. Whereas each jurisdiction in Australia has barely completely different legal guidelines, it’s typically an offence to depart a toddler unattended in a automotive no matter whether or not they endure any misery or harm.

Any police consideration, and fees which will circulate from that, will rely on the circumstances of the alleged neglect, together with the ambient temperature, the extent of kid misery (if any), and the proximity of the motive force together with the time taken for them to, for instance, pay for gas.

Opening a automotive window doesn’t negate felony fees.

6. I can urinate in public if it’s on my again tyre

If this was as soon as the regulation with horses and drays, it’s not the regulation in the present day. Any such shows in public (particularly in a constructed up space) can quantity to “offensive behaviour” and might be prosecuted.

Nevertheless it’s totally contextual. For instance, marathon runners who obtain pressing calls from Mom Nature could be unlikely to be prosecuted.

7. Saying you want Charles would cark it so William might be king is treason

The offence of treason nonetheless exists, however one should do greater than declare disparaging (and even treacherous) ideas in regards to the reigning monarch to excite the authorities into prosecuting.

The Commonwealth Legal Code part 80.1 units out what quantities to treasonous behaviour. You actually need to be critical about performing in your declarations earlier than the treason threshold is reached.

8. Australian consulates abroad are Australian territory

This can be a frequent false impression. Article 31 of the Vienna Conference on Consular Relations offers some safety to consular premises from exterior intrusion.

This features a rule that the police of the host state can’t enter consular premises with out the consulate nation’s permission, until it’s an emergency. However this doesn’t flip the consulate into Australian territory.