Australian Contract Law

This includes those close to the patient such as their carer, guardian or spouse or the parent of a child patient. Sexual misconduct is an abuse of the doctor-patient relationship. It undermines the trust and confidence of patients in their doctors and of the community in the medical profession. It can cause significant and lasting harm to patients. These guidelines aim to provide guidance to doctors about establishing and maintaining sexual boundaries in the doctor-patient relationship. Good medical practice describes what the Medical Board of Australia the Board expects of all doctors who are registered to practise medicine in Australia. Doctors who breach these guidelines are placing their registration at risk and in some cases could be committing a criminal offence. Trust in the relationship between doctors and patients is a cornerstone of good medical practice.

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The MeToo and TimesUp movements have placed increased focus on sexual harassment and consent issues over the last few months. In NSW, the legal age of consent is 16, which means it is illegal for anyone to participate in sexual activity with a person below this age, even if both parties are willing. But is this still the case when a minor lies about their age? If an year-old man meets a year-old girl in a nightclub, but she claims to be 17, is he protected from statutory rape laws if they later have sex?

People who are accused of sexual misconduct when an alleged victim has lied about their age can argue that they made an honest and reasonable mistake by having sex with an under-age individual.

New South Wales. There are offences for recording, distributing or threatening to distribute an intimate image without consent. The offences are located in sections​.

The authors do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment. Twenty-year-old Sydney woman Renae Marsden died by suicide after she was the victim of an elaborate catfishing scam. A recent coronial investigation into her death found no offence had been committed by the perpetrator, revealing the difficulties of dealing with this new and emerging phenomenon.

While we wait for law reform in this area, we think police and prosecutors could make better use of our existing laws to deal with these sorts of behaviours. Read more: From catfish to romance fraud, how to avoid getting caught in any online scam. Catfishing is also the subject of an MTV reality series , major Hollywood films , and psychological research on why people do it. There is no specific crime of catfishing in Australia. But there are many different behaviours involved in catfishing, which can come under various existing offences.

‘Yes’ to sex could still be rape in NSW under proposed new ‘consent withdrawal’ laws

A person accused of rape in NSW could be convicted if their alleged victim said “yes” to sex but changed their mind without saying so, under proposed new laws. The NSW Law Reform Commission has proposed expanding the circumstances in which sexual consent is withdrawn, including when a person “freezes” and can’t say “no”. In the video above, sex educator and author Row Murray explains how parents can educate their kids on sexual consent.

The commission has called for legislation to allow a person to withdraw consent “by words or conduct”. Currently, the Crimes Act provides that consent is given if the person freely and voluntarily agrees to sexual intercourse. The commission has also proposed the law stipulates that consent has not been given unless it is communicated.

Under Australian family law, children have a right to enjoy a meaningful Jesse and Shayna were in a dating relationship for five months, during which time.

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An extensive section provides checklists, diagrams and practical guidelines to the various procedures covered by the Act.

Plan unveiled to ‘strengthen’ sexual consent laws in NSW

Anastasia Qvist is an outstanding lawyer. My criminal law situation family violence order was difficult, complex and Ana’s diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum.

The NSW Law Reform Commission has proposed expanding the legal more than submissions ahead of the closing date next month.

We all have sexual rights and responsibilities. We all have the right to decide when, where, in what situation, and with who we would like to be sexual with. We all have the responsibility to make sure that the people we want to be sexual with actively consent to whatever sexual activities you do together. People might consent to one thing or a few things, but not to others. People might consent to begin with, and then change their mind.

Sexual consent means only doing something sexual because everyone involved really wants to and are making an active choice to be involved and continue, not because anyone is feeling pressured or unsure. Consent is all about free and voluntary agreement which means that for consent to be present, the law says that people must:.

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This article is more than 3 months old. Up to two adults, and their children, will be able to visit anyone else in New South Wales from Friday as.

This factsheet discusses the law in NSW about discrimination in relation to renting. Discrimination means treating someone unfairly because they belong to a particular group of people. Discrimination can take many forms, including harassing or treating people unfairly on the basis of their:. Sexual harassment is where a person makes unwelcome sexual advances or requests to another, or unwelcome conduct of a sexual nature in a situation where such behaviour is likely to intimidate, humiliate or offend.

It is against the law to discriminate against people for any of the above reasons but only in certain circumstances. It is unlawful for a landlord or real estate agent to discriminate against you:. Whether it is unlawful to discriminate in shared accommodation depends on the type of discrimination and whether you are living with the owner or their close relative and how many people you are sharing with.

It is not unlawful to discriminate if the accommodation is designed to meet the needs of particular groups e. ADB staff can help to put your complaint in writing. The ADB can also deal with complaints urgently, if necessary. Written complaints to the ADB are investigated by a conciliation officer.

Is it illegal to have consensual sex with someone who lies about their age?

We regularly advise people, directors, companies, business owners and officers who are involved in external investigations and prosecutions, related to fraud cyber fraud , brought by Commonwealth and stage agencies. Fraud is an umbrella term for any crime involving the use of deception in order to receive personal or financial gain. However, it is important to note that fraud has only occurred if the dishonest act was performed intentionally or recklessly.

Some common related offences include blackmail, embezzlement, false pretences and obtaining credit or money by deception. Common offences for Directors include omitting certain entries, destroying books, publishing false statements, cheating and defrauding. If you have been accused of committing fraud or charged with committing a fraud offence you should immediately give our team of criminal lawyers a call.

This factsheet discusses the law in NSW about discrimination in relation to renting. Contact the ADB or AHRC for up-to-date advice about how to make a.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy. A Sydney radiologist has been handed a 9 month prison sentence for harassing six people including her ex-boyfriend and his new partner via email text and social media. Days after being charged, Ms Lee was sacked from her job as a radiologist in Sydney and the following month the Medical Council of NSW suspended her on the grounds that she allegedly acted “in ways that damage the standing of the medical profession.

But the NSW Civil Administration Tribunal granted a stay on her suspension by the Medical Council of NSW to allow her to continue to work to fund her legal fees in an appeal against the medical watchdog and to fight the criminal charges. Despite originally being charged with 10 offences last year Ms Lee pleaded guilty to four charges and the remaining were dropped following negotiations with prosecutors.

The court heard that she sent thousands of texts to Matthew Holberton, a man she met on tinder. After ten dates over a period of four months, he broke it off with her, which started her barrage of abusive and threatening messages. When Mr Holberton blocked Ms Lee’s number, she continued the abuse by creating multiple other identities, using 38 different email addresses, including Protonmail and VPN services to conceal the sender’s details.

When Mr Holberton moved to Melbourne and started a new relationship, Ms Lee began to target his new girlfriend, her colleagues and her mother with messages. The Magistrate described the content as at least defamatory and slanderous, if not “vile, despicable and offensive”. Referring to the new partner’s social media posts, Ms Lee sent insults including “hagged mutton face”, “ugly, attention-seeking slag” and “you have a beak like an eagle”.

Bad First Date Mistake Lawyers Should Avoid

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