When can I?

Until you turn 18, there are some legal restrictions on your ability to run your own life and take part in society. In some cases, the law gives decision-making power to your parents. In other cases, it prohibits you from doing things that it thinks you are too young to do.

However, the law realizes that you don’t grow up overnight when you turn 18, but mature gradually during your teen years. So, although you reach legal adulthood at 18, there are some situations where you are legally able to make your own decisions before then.

Here are the legal ages that apply in South Australia.

Driving

You can apply for a learner’s permit at age 16. To hold a P1 provisional driver’s licence, you need to be at least 16 years and 6 months, but you must also have held your learner’s permit for 6 months. You can get a full driver’s licence once you reach 19, but you must have held a provisional licence for 2 years. If you get any demerit points, you can’t get your full licence until age 20.

Political action

You can enrol to vote when you reach age 17 and vote at an election once you are 18. You can also, at 18, stand for election to Parliament. Most political parties accept members before the age of 18 - check the party’s website.

Medical treatment

Once you turn 16, a doctor cannot treat you without your consent, unless it is an emergency. Before age 16, a doctor can treat you without your parents’ consent if they believe you properly understand what you are agreeing to, the risks and the consequences. They can also give you treatment that your parents consent to, even if you don’t agree to it. You can apply for your own Medicare card at age 15.

Sexual activity

In general, you can consent to sex at age 17. If you are under age and your partner is no older than 17, he or she may have a defence to a charge of unlawful sexual intercourse if they genuinely believed you were 17 or over. If you want a sexual relationship with your teacher, legal guardian, foster parent, doctor, priest, social worker or psychologist, you have to wait till age 18. Regardless of your age, it is unethical for a professional person to have a sexual relationship with you while they are providing you with any type of professional service e.g. if they are teaching you or treating you. This could lead to serious consequences for them.

Alcohol

You can buy alcohol and be admitted to a licensed entertainment venue (such as a nightclub) once you turn 18.

Tobacco products

You can buy cigarettes and other tobacco products at age 18, but by then you will be too smart for that.

Movies

You can see an MA15+ movie at any age, if your parent or guardian goes along with you or hires it for you. You have to be 15 to see it or hire it unaccompanied. To see an R18+ movie in the cinema, you must be 18, but if your parents choose to hire it for you and show it to you at home, that’s up to them.

Making a will

Generally, you have to be 18. However, if there is a good reason why you need to make one sooner, you can apply to the Supreme Court for special permission.

Being charged with an offence

A child younger than 10 cannot be charged with a crime, even if they have done something that would be a crime if done by an adult. The law judges that they do not understand enough to be held legally responsible.
Between the ages of 10 and 17, you can be charged, but you are tried in the Youth Court, not the adult courts, and there is no jury. If you plead guilty, your case can be dealt with by a family conference rather than a trial and punishment. In very serious cases a 17 year old can be treated as an adult in the criminal courts and tried by a jury.
Normally, someone under 18, if convicted, is not sent to a prison but is held in detention at a training centre.

Suing someone

Generally, if you want to bring a court case, such as a claim for road-accident compensation, you need to be 18. Before that age, your parent or legal guardian, or someone else approved by the court, can bring the case for you. If you receive compensation, it must normally be held on trust for you by the Public Trustee or another trustee, until you turn 18.
There is no age requirement for a person to give evidence in court.

Leaving school

Education is no longer compulsory once you reach age 16.

Centrelink benefits

Youth Allowance is available from age 16 if you meet the criteria.

Getting married

You normally need to both be 18, but a 16 or 17 year-old can apply to a court for permission to marry. You will also normally need the consent of the parents of the person under 18, unless the court decides to give permission for them.

This information is current at July 2010. It could change. Do your own research before making any decisions about what you can do when.