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Legislation relating to sex, social media, sexting and bullying

Legislation relating to sex, social media, sexting and bullying.

Summary Offences Act 1966 (Vic)

This Act governs minor Victorian offences that can be treated summarily.

See Summary Offences Act 1966 (Vic)(opens in a new window).

Crimes Act 1958 (Vic)

This Act sets out the most serious offences and the maximum fine or term of imprisonment under Victorian law. Most of the offences in the Crimes Act are indictable offences. Indictable offences are usually those with a maximum penalty of 5 years jail, or more.

See Crimes Act 1958 (Vic)(opens in a new window).

Children, Youth and Families Act 2005 (Vic)

This Act provides community support for families and children. It continues the Children’s Court of Victoria as the specialist court for dealing with children. It also protects and provides a system for children who have been charged with or convicted of a criminal offence.

See Children, Youth and Families Act 2005 (Vic)(opens in a new window).

Criminal Code Act 1995 (Cth)

This Act codifies the general principles of criminal responsibility under laws of the Commonwealth. It contains all the general principles of criminal responsibility tha t apply to any offence, irrespective of how the offence is created.

See Criminal Code Act 1995 (Cth)(opens in a new window).

Personal Safety Intervention Orders Act 2010 (Vic)

This Act improves protection for victims of serious inappropriate behaviour that threatens their safety. It applies when this behaviour happens outside the family. Some provisions encourage people to try to sort out their dispute using mediation in cases where this is appropriate.

See Personal Safety Intervention Orders Act 2010 (Vic)(opens in a new window).

Children's Court (Personal Safety Intervention Orders) Rules 2021 (Vic)

These rules set out the procedures that must be followed when a person is applying for a personal safety order in the Children's Court. Content includes prescribed forms including a notice of appeal, application for a rehearing and subpoena.

See Children's Court (Personal Safety Intervention Orders) Rules 2021 (Vic) .

Online Safety Act 2021 (Cth)

This Act sets out the role of the eSafety Commissioner and provides mechanisms to deal with complaints about cyber bullying material and posting of non-consensual intimate images on social media sites. This includes investigating complaints, giving removal notices to media sites and people who have posted these images. It also creates a civil penalties regime for people who post or who threaten to post intimate images without consent.

See Online Safety Act 2021 (Cth).

Broadcasting Services Act 1992 (Cth)

This Act regulates and facilitates the development of the broadcasting industry in Australia. It provides a means of addressing complaints about broadcasting services. It restricts content that is unsuitable for children, promotes programming that reflects the diversity of the Australian population, and programs of local significance and that reflects a sense of national identity, character and cultural diversity. It provides the investigation and information gathering powers of the Australian Communications Media Authority and also the eSafety Commissioner.

See Broadcasting Services Act 1992 (Cth).

Regulatory Powers (Standard Provisions) Act 2014 (Cth)

This Act gives a framework for using civil penalties, infringement notices, injunctions and undertakings to enforce Commonwealth provisions. Provision must be made in other Acts for this Act to apply.

See Regulatory Powers (Standard Provisions) Act 2014 (Cth).

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