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A kit to educate young people

about legal issues


> Second edition

Mapped to VELS by:


A kit to educate young people
about legal issues
> Second edition
Produced by Victoria Legal Aid and Youthlaw Youthlaw
Victoria Legal Aid At Frontyard
350 Queen St 19 King St
Melbourne 3000 Melbourne 3000
tel: 9269 0234 country callers: 1800 677 402 tel: 9611 2412
Publication orders: www.legalaid.vic.gov.au or phone 9269 0223 www.youthlaw.asn.au

First Edition June 2005


Second Edition January 2007
Acknowledgments: The first edition of ‘What’s the deal?’ was written by Shoni Ellis with the support of:
• Steering Committee
Rebecca Boreham, Murray Mallee Community Legal Service, representing the Community Legal Education Workers Network of
the Federation of Community Legal Centres
Leanne Newson, Law Institute of Victoria
Kate O’Sullivan, Centre for Multicultural Youth Issues
Jenny Quick, Victorian Curriculum and Assessment Authority
• Professional support
Dr Ruth McNair
Sarah Nicholson, ex-director Youthlaw
Jennifer Sharpe, Curriculum Corporation
Wendy Smith, Consumer Affairs Victoria
• Community oganisations
Financial and Consumer Rights Council
Job Watch
Springvale Community Aid and Advice Bureau
The Richmond Fellowship – Chiron Program
Youth Affairs Council of Victoria
• Secondary schools
Cheltenham Secondary College Year 10 students from 10H
Flora Hill Secondary College
Golden Square Secondary College
St Albans Secondary College
St Columba’s College
St Patrick’s College
Westall Secondary College

Originally funded by:

Written by Shoni Ellis. Updated by Victoria Legal Aid.


Illustrated by Erena Hema
Design Victoria Legal Aid
© 2006 Victoria Legal Aid and Youthlaw.
Disclaimer: The information in this book was current at the time of printing, but laws change. Always check for changes in the
law with a Victoria Legal Aid office or a community legal centre. Get legal advice before acting on the information that follows.
IBSN 1 921180 21 8
What’s the deal? Contents

Contents

Introduction
1

Educators’ notes
2

Authority
5
Police
9

Ticket inspectors
15

Activities
21

Curriculum mapping 37

My body 41

Sex and gender identity 45

Pregnancy 51

Activities 59

Curriculum mapping 81

When things hurt 85

Discrimination, sexual harassment and vilification 89

Violence 95

Activities 101

Curriculum mapping 119

Becoming independent 123

Getting a job 127

Leaving home 137

Activities 143

Curriculum mapping 153

Evaluation sheet

WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
Youthlaw
Youthlaw is Victoria's state-wide community legal centre for young people.
Youthlaw works to achieve systemic responses to the legal issues facing young people through casework, policy development,
advocacy and preventative education programs, within a human rights and social justice framework.

Victoria Legal Aid


Our vision
Victoria Legal Aid is a leading and responsible force for community access to the legal system and for social justice.
Our values
Victoria Legal Aid is committed to: serving our clients and community professionally and ethically; acting with integrity, fairness
and transparency at all times; respecting and valuing diversity, and pursuing continuous improvement across the organisation.
Our services
Victoria Legal Aid provides a broad range of legal services including:
• legal representation in courts and tribunals by qualified Victoria Legal Aid lawyers or private law firms
• legal advice, information and referral either face-to-face or via a call centre, which provides a service in 14 languages
• a family dispute mediation service
• a range of seminars and workshops on various legal topics
• an extensive range of booklets and other materials
• Victoria’s only free public law library.
Some of our services are subject to guidelines and means tests. However, most of our services are provided free of charge.

Application forms for legal assistance are available from Victoria Legal Aid or private lawyers.

For more information about our services and service charter or to find out about our 13 regional offices see

www.legalaid.vic.gov.au or phone us on 9269 0234 or 1800 677 402 (country callers).

What’s the deal? Introduction

What’s the deal? - Introduction

‘What’s the deal?’ is a kit for teachers and community workers who want to engage with young people
on legal issues. It is aimed at 14-16 year olds or year 9 and 10 students.
Developed after consultation with young people, teachers and community educators, ‘What’s the
deal?’ uses a range of innovative teaching strategies to extend publications currently being used by
school and community groups such as Victoria Legal Aid’s Am I old enough? The kit reflects the view
that legal information should make sense to young people and help them learn how to manage legal
problems.
‘What’s the deal?’ is particularly relevant to 14-16 year olds because at this age young people are
becoming independent, often starting out in the workplace and embarking on relationships. As a result
they’re likely to come into contact with the law through interaction with authority figures, such as
employers and ticket inspectors.
Additionally, young people can leave school at 15 without any education about legal issues. (Note: the
age a young person can leave school will in crease in 2007.) This makes them open to exploitation. It is
also likely that they will find it hard to assert their rights.
The legal issues in ‘What’s the deal?’ are real concerns for young people. While providing legal
information, the kit also invites young people to think critically about the law and debate legal issues
with their peers. By engaging young people in legal issues that affect their lives, the kit increases
knowledge and skills. By learning to recognise and respond to legal problems, young people can take
responsibility through appropriate behaviour and action, and ultimately reduce their vulnerability.
The kit features the new Victorian Essential Learning Standards (VELS). VELS replaces the Curriculum
Standards Framework and started in 2006. Curriculum Corporation have mapped all the activities in
‘What’s the deal?’ to VELS. This kit can be used with the new curriculum. The ‘Educators’ notes’
explain how community educators and teachers can use the kit in their work.

Jointly produced by Victoria Legal Aid and Youthlaw, ‘What’s the deal?’
is free and will be regularly updated and re-printed. Feedback is welcome
and will be used to improve the kit. Tell us what you think by filling out
the evaluation form at the back. You can also e-mail your feedback to
whatsthedeal@vla.vic.gov.au
You can order a copy of the kit online at www.legalaid.vic.gov.au or
phone 9269 0223.

WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
What’s the deal? Educators’ notes

What’s the deal? - Educators’ notes

‘What’s the deal?’ is a kit for teachers and community educators to use with young people. It is
organised into four modules: ‘Authority’, ‘My body’, ‘When things hurt’ and ‘Becoming independent’.
The modules address legal issues that are of particular relevance to young people.
The modules can be adapted for a variety of educational settings. It is intended that you use the
material to suit your educational approach and the learning needs of the young people you work with.

Introduction and fact sheets


The modules start with an introduction outlining the aims and background information for educators.
Following the introduction are two fact sheets that cover different unit topics. At the end of each fact
sheet is a resource directory that outlines where young people can get help. When a difficult or new
term is introduced it is italicised and defined in the glossary at the end of each module.
The fact sheets, resource directories and glossaries can be photocopied to help students complete the
module’s activities.

Activities
The activities are not prescriptive and you’re encouraged to adapt them to meet the needs of the

young people you’re working with. Nor are the activities exhaustive, they are intended to be a

springboard to other possibilities and to complement your own teaching program.

The activities are based on key topics in the fact sheets, some of which will require sourcing additional
resources. The fact sheets and activities are designed to be used together to maximise active learning
and student participation. The cartoon sequences throughout the kit can be used as part of structured
activities as well as stimulating group discussion and debate.

Victorian Essential Learning Standards (VELS)


The activities in the kit reflect new developments in Victorian curriculum standards. Curriculum

Corporation has mapped all the activities in ‘What’s the deal?’ to VELS. VELS started in 2006. The

mapping information follows the activities.

There are three main strands within the new VELS framework. These include:
• physical, personal and social learning
• discipline based learning
• interdisciplinary learning.
Within each of these strands are domains, which describe the essential knowledge, skills and
behaviours for student learning. Symbols appear at the top of each activity. They’re designed to help
you quickly identify activities that incorporate one or more of the four interdisciplinary domains. These
symbols are outlined in the Interdisciplinary Learning Key below:

Information and communications technology (ICT) Communication

Thinking processes Design, creativity and technology

The activities have also been mapped to the other VELS strands: discipline based learning; and
physical, personal and social learning. All three strands have equal weighting in the new curriculum
framework. We’ve highlighted the interdisciplinary forms of learning because they are something that
distinguishes VELS from the Curriculum Standards Framework (CSF).

WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
What’s the deal? Educators’ notes

What’s the deal? - Educators’ notes

Working with VELS


Although VELS is aimed at teachers, community educators may find this information valuable in
making their education programs relevant to schools. VELS is a completely new approach to education
and it provides educators and schools with greater flexibility and autonomy. This also makes it easier
for community educators to be involved with schools and contribute to a more diverse and relevant
learning program.

Sensitive material
All the material presented in the kit is grounded in the law. A key factor has been ‘keeping it real’.
Some of the issues presented may be considered controversial, but it is important that this material is
discussed in the context of the law. Regardless of individual views on these issues, it is important that
they be treated with sensitivity.
We hope that the kit will be a tool to stimulate healthy debate and that young people will think about
how their views are placed in the framework of the law. Talking about these issues may be difficult for
some young people because of their values and experience. We encourage you to use your
professional discretion in deciding the best approach to discussing this material.

Further references
Victoria Legal Aid produces a number of other publications that complement and further the
information in the fact sheets. Some of the material in the publications listed may not be written for a
young audience. Additional publications available include:
• Am I old enough? Common legal issues for young people
• People and work: Information about your rights at work
• Police Powers: Your rights in Victoria
• Right a wrong: Where, when and how to complain in Victoria
• Sexual assault: The law, your rights
• Over the rainbow: A guide to the law for lesbians and gay men in Victoria
• Applying for an intervention order.

Evaluation
‘What’s the deal?’ is a new resource. We want the kit to work for you.
Your feedback is valuable to us and will be considered when updating
and writing future modules for the kit. Please complete and return the
evaluation form at the back of the kit.

We would also like to get feedback from the young people you work
with. They can e-mail their feedback to whatsthedeal@vla.vic.gov.au

Order a copy
You can order a copy of the kit online at www.legalaid.vic.gov.au or
phone 9269 0223.

WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
What’s the deal? List of resources

What’s the deal? - List of resources

List of organisations or websites that can be used as a resource by both young people
and educators.

Children’s Safety Commissioner


The Commissioner provides advice to the Minister for Children on child welfare and
safety issues
www.ocsc.vic.gov.au
Lawstuff
A web site for young people with legal information and e-mail service
www.lawstuff.org.au
Victoria Law Foundation
Publications on different legal issues, including the justice system, teachers and
young people
www.victorialaw.org.au
Victoria Legal Aid
Publications for young people, or on different subjects, such as going to court,
fines, driving offences - go to ‘Publications’ on the web site
www.legalaid.vic.gov.au
Victorian Equal Opportunity and Human Rights Commission (formerly Equal
Opportunity Commission of Victoria)
Information about discrimination and human rights
www.eoc.vic.gov.au
Youth Central
Youth Central is for young people aged 12-25
It offers a range of information and advice on issues like jobs, study, travel, money
and events
www.youthcentral.vic.gov.au
Youthlaw
Factsheets for young people and workers on different legal issues
www.youthlaw.asn.au

WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
5
Authority
Authority Contents

Contents

Authority - Introduction 8
Aims of module
Background information
Police 9
Fact sheet 11
The role of police
Speaking with police
Name and address
At the station
Searches
Terrorism laws
Making a complaint
Resource directory 14
Ticket inspectors 15
Fact Sheet 17
Ticketing
Speaking to ticket inspectors
Name and address
Powers of detention and arrest
Making a complaint
Ticket inspector powers and people’s rights
Resource directory 20
Activities 21
Police powers and people’s rights
Illustrate your story
Acting up
Quick pick
Ticket to pass
Fare evasion, be in the know
Debates
Proof of identity
Blurring the lines
Articulate
Word match
Glossary 36
Curriculum mapping 37
Interdisciplinary learning
Physical, personal and social learning
Discipline based learning

WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
Authority Introduction

Authority - Introduction

Aims of module
This module aims to:
• improve young people’s knowledge about authority and the law
• assist young people to develop a critical understanding of topical issues surrounding authority and
the law
• give young people skills to effectively deal with people in positions of authority.

Background information
This module includes skill-based information to help young people effectively deal with figures of
authority. Young people can feel vulnerable and even unfairly targeted when confronted by authority.
Some of the reasons for this vulnerability are that young people:
• are learning to become independent and have not yet had many experiences or opportunities to
learn about rights or responsibilities

• often hang out in public spaces making them more visible to people in authority

• can be associated with stereotyped images that portray young people in a negative light.

WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
Authority
Police

Police: What are you up to?


Zac: Riding my bike.
Police: Don't get smart with me!
Where are you going?
Zac: I don't have to tell you that.

Police: We got a live one here.


Lets have a look in your bag.
Zac: Leave me alone.

Police: What have we got here. Don't tell me it’s


for your Grandma. You’re coming with us.
9 Zac: Stop. I haven't done wrong.

WHAT’S THE DEAL? Educating young people about legal issues


Authority Police

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WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
Authority Police

Fact sheet: Police

The role of police


We all have the basic right to freedom, provided that our actions are within
the law. The role of the police is to enforce the law, and they have been
given powers that enable them to do this.
While police are expected to ensure that the law is obeyed, they are also
expected to obey it themselves. There is ongoing debate about whether
the police have too much power, and whether they exercise these
powers at the expense of individual rights. This issue comes up in
relation to demonstrations. For example, throughout history freedom of
speech and the right to protest coupled with the need to ‘keep the peace’ has
resulted in tension.

Speaking with police


There are two reasons why the police may question you.
• if they suspect you have committed an offence
• if they think you can assist with their investigations of a crime.
There is no such thing as ‘off the record’. The police may use what you say to
decide whether or not to arrest or charge you. It can also be used as evidence
against you in court. In most situations you have the right to remain silent. There are
some exceptions. For example, if you are in immigration detention it is an offence to

refuse to answer questions. Also, you must answer questions asked by a customs officer. For example,

when you are coming through customs after an overseas trip.

In most cases you don’t have to answer questions, except those about
“ I think the police sometimes
don’t give us a chance to explain

your name and address. Tell the police you want to speak to a lawyer
before you say anything. This means that you will make no comment
Mehmet, 16
until you get legal advice. There might be situations where telling your
story could help your case but talk to a lawyer first. Don’t answer some
questions and not others as the police may think you are hiding something from them. If you decide to
make no comment to the police, stick with it for every question.

Name and address


You must give your correct name and address if asked by the police. The police will ask you for these
details if they believe you:
• have broken the law
• are about to break the law
• can help them with information about an indictable offence.
You can ask for the officers’ reasons why they want your name and address and they must tell you.
The police can demand your name and address without giving you a reason if you are:
• driving a car, motorbike, boat or push bike

• on the tram, train, bus or on public transport

• in a hotel or licensed premises.


It is a criminal offence to refuse to give your name and address, or to give false details to the police. If
you ask, the police must also tell you their name, identification number, police station and rank. You
should ask for this in writing.
If police want you to go with them, you can refuse unless they are arresting you or in special
circumstances, such as if you are driving and they want to do a breathalyser or drug test. Always ask
the reason they want you to go with them.

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WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
Authority Police

Fact sheet: Police

At the station
If you have been arrested or taken into custody, the police must allow you to telephone a lawyer as

well as a friend or relative before any formal questioning begins. The police must also allow you to

make your phone calls from a private space where they can’t hear your conversation.

The police don’t have to allow this if it is a drink driving matter or they believe that during this time:
• someone else involved in the crime might get away
• some evidence may be lost or tampered with

• other people may be in danger.

If you’re under 18 police must not formally question you unless you have a parent or guardian there,
unless you do not want them there. If your parent or guardian is not available, the police must arrange
for an independent person to be with you during questioning.
The independent person is there to make sure you and the police understand your rights. They are not
there to provide legal advice. Either you or the police can suggest who will be the independent person.
If an independent person is not with you during questioning, the information you give the police can’t
be used as evidence in court.
Remember that while you are waiting to speak to your family, lawyer, independent person or

interpreter, you should refuse to answer questions after giving your name and address.

Try and stay calm when you are dealing with the police. Even if you
feel like they are unfairly hassling you, it is best to try and be polite.
The tip is be alert and take note of details. Ask them for their:
• name • police station
• identification number • rank.

Searches
The police have the right to search you at any time in a public place if
they believe you may be carrying:
• illegal drugs
• stolen goods
• weapons
• firearms.
They also have the power to search you if you are under 18 and they
suspect you are going to inhale a volatile substance (chroming). The
police can remove from you anything that is used to chrome. They can
also stop you and take you somewhere safe if they think you will hurt
yourself by chroming. If the police stop you they must make a record of this. You can ask for a copy of
the record at the time or later.
The search can be done in any public place including:
• a shop
• a train station

• on public transport

• in a hospital
• welfare centre.

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WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
Authority Police

FactFact
sheetsheet: Police

At school the police can only search you if the principal agrees. If the police search you, they can also
search anything you are carrying and the car you are travelling in.
The police can search you if you are in custody or under arrest if they believe you are carrying a
weapon. They can also take things from you that could be used as evidence. You must be searched by
a police officer of the same sex as you.
The most common form of search used on young people is a
I think the police take advantage
pat-down-search. Police use their hands to feel over the outside
of your clothes. They may also ask you to empty your pockets

of us because we don’t know our
or remove your jacket or hat. The police can use a metal
detector to look for something they ‘reasonably suspect’ is a

legal rights
” Tom, 14

weapon. These searches can be done in a public place including shopping centres, train stations and

public transport.

If police search you for a weapon they must make a record of this search. If you ask them they must

give you a copy of this record. You can ask for a copy of this record later.

Terrorism laws
The police can ask a court to let them do things to stop a terrorist act. They can demand ID, stop and

search you or your car or house, direct you to leave or stay somewhere, or take anything connected

with a terrorist act. If this happens get legal advice.

Making a complaint
If you want to make a complaint against the police, do it quickly. Write down everything that

happened. Include the names of the police officers involved, what happened to you and the date and

time that it happened. Get legal advice before you lodge a complaint, especially if you have been

charged with an offence.

If you have been injured by a police officer:


• go to a doctor immediately and tell the doctor what happened and where you have been injured
• get someone to take a photograph of your injuries
• write down as much as you can about who hurt you including their name, rank and police station
where they work
• write down the name of the last person to see you before you were hurt and the first person to see
you afterwards
• contact a lawyer who will help you make a complaint.
A community legal centre, Victoria Legal Aid, or a private lawyer can help you make a complaint.

What do you think of this fact sheet?


E-mail your reponse to: whatsthedeal@vla.vic.gov.au

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WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
Authority Police

Resource directory

Federation of Community Legal Centres


Call to find your nearest community legal centre
tel: 9654 2204
www.communitylaw.org.au/fedclc
Lawstuff
A web site for young people with legal information and e-mail service
www.lawstuff.org.au
Ombudsman
An independent body that investigates complaints about police behaviour
www.ombudsman.vic.gov.au
Victoria Legal Aid
Youth Legal Service
350 Queen St
Melbourne 3000
tel: 9269 0407
www.legalaid.vic.gov.au
Youthlaw
At Frontyard
19 King St
Melbourne 3000
tel: 9611 2412
info@youthlaw.asn.au
www.youthlaw.asn.au

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WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
Authority
Ticket inspectors

Inspector: Can I see your ticket please?


Raphi: I left my wallet in the toilet
at Myer.

t
ticke

Inspector:I'm going to have to issue


you with a fine. I need some
proof of your name and address.
Raphi: But I left my wallet...

I am afraid then that I will


Inspector:
have to arrest you.
Raphi: But inspector... I left my wallet.
15

WHAT’S THE DEAL? Educating young people about legal issues


Authority Ticket inspectors

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WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
Authority Ticket inspectors

Fact sheet: Ticket inspectors

Ticketing
The law says you have to travel on public transport with a valid ticket. You can travel without a valid

ticket if:

• before and after your journey, you take ‘all reasonable steps’ to purchase a ticket
• you have ‘no reasonable opportunity’ to purchase a ticket while making your journey, for example,
when the ticket machine is not working.
There is no definition of ‘reasonable steps’ or ‘reasonable opportunity’. It depends on your

circumstances.

Examples where it may be reasonable to travel without a ticket include where:


• ticket machines are faulty at the start of your journey and you can’t buy a ticket during or after
your journey
• you have a pre-purchased ticket but the validators are not working or your ticket is faulty and will
not validate
• having just got on the tram, an inspector approaches you

while you are in line to use the ticket machine

• the tram is so crowded that you can’t get to the ticket

machine or validator.

If you are 15 or older and buying a concession ticket you

must hold a current Health Care Card or a student

concession card. A student card is not enough. Ticket

inspectors have the right to ask to see both your ticket

and your concession card. If you don’t co-operate you

are breaking the law and may be arrested.

An inspector may take your ticket if you don’t validate

the ticket for your trip. The inspector should offer you a

‘travel permit’ so you can finish your trip. In some

circumstances you can apply to have your ticket

returned, for example, if it was a weekly ticket that you

could use later. If you want your ticket returned you

must ask for this in writing when you pay your fine.

Speaking to ticket inspectors


It can be stressful, embarrassing and humiliating when ticket
inspectors approach you and ask you for proof of identity. When dealing with inspectors it is important
to stay calm and polite, even if you believe you are being unfairly treated. If you are not happy about
how you have been treated you can make a complaint, see ‘Making a complaint’.

Forms of ID
Acceptable ID needs to have your name and address on it. The best
form of ID is a student concession or Health Care Card. A letter
addressed to you is ok so long as you have other ID as well like a
Medicare or student card.

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WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
Authority Ticket inspectors

Fact sheet: Ticket inspectors

Name and address


Inspectors can only ask for your name and address if they believe ‘on reasonable grounds’ that you
have committed, or are about to commit, an offence on public transport. This may include travelling
without a valid ticket. The inspector must tell you the grounds for their belief.
If you refuse to give your name and address, or give false
information, you may be arrested and charged with an
offence. If they believe that the details are false,

“ Mytheheart starts beating fast whenever


inspectors get on the tram...
inspectors can ask you to prove that your name and
address are correct.
even when I’ve got a ticket.

” Shari, 16

You can ask the inspector for their name and where they work. You can ask for this in writing. An

inspector can be fined for not giving you this information.

Powers of detention and arrest


Inspectors can only detain or arrest you without a warrant if they believe on ‘reasonable grounds’ that

it is necessary. If you are travelling without a valid ticket and cannot prove your identity or address you

may be detained until this is verified.

Forms of ID such as, a Health Care Card or a learner’s permit proves who you are and your address. If

you do not have either forms of identity the inspectors may ask you to provide a phone number of

someone, like a parent, who can verify your details.

Inspectors must use no more force than is reasonable to detain you. What is reasonable depends on

the circumstances. If you are detained inspectors must hand you over to the police as soon as

possible.

If you think you should not have been fined, get legal advice before paying.

Making a complaint

Suzie’s case study:


Suzie is a 15-year-old girl with a low-blood pressure medical condition
that causes her to have dizzy spells and on occasion results in
her fainting.

She is travelling home after school on a train and feels dizzy. She
takes her shoes off, elevates her feet by placing them on the seat and
closes her eyes to reduce the risk of fainting. She explains this to
inspectors but they do not accept the explanation.

She is fined $150.

If you believe the ticket inspector has behaved inappropriately towards you or other passengers,
you can make a complaint to the Ombudsman. The Ombudsman’s contact details are in the
‘Resource directory’.

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WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
Authority Ticket inspectors

Fact sheet: Ticket inspectors

Ticket inspector powers and people’s rights

Ticket inspector powers People’s rights


Ticket inspectors can fine you for You can travel without a ticket on
committing an offence on public public transport if you have taken ‘all
transport including fare evasion. reasonable steps’ or had ‘no reasonable
opportunity’ to purchase a ticket.

Ticket inspectors can seize your ticket You can apply to have a ticket that
if you don’t validate it for your trip. has been seized by a ticket inspector
returned.

Ticket inspectors can demand your You can ask the ticket inspector the
name and address if they believe you grounds for their belief.
have committed or are about to
commit an offence related to your use
of public transport. This includes
travelling without a valid ticket.

Ticket inspectors can ask you to show You can ask a ticket inspector for their
proof of concession. name, identification number and
where they work in writing. An
Ticket inspectors can ask you to show
inspector can be fined for not giving
proof of identity and address. If you do
you this information.
not have proof of address they can
request a contact number of someone
who will verify your details.
Ticket inspectors can detain or arrest
you without a warrant for the length
of time that it takes to prove your
identity or address, or if they believe
on ‘reasonable grounds’ that it is
necessary.

What do you think of this fact sheet?


E-mail your reponse to: whatsthedeal@vla.vic.gov.au

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WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
Authority Ticket inspectors

Resource directory

Federation of Community Legal Centres


Call to find your nearest community legal centre.
tel: 9654 2204
www.communitylaw.org.au/fedclc
Lawstuff
A web site for young people with legal information and e-mail service
www.lawstuff.org.au
Public Transport Ombudsman Victoria
tel: 8623 2111 or 1800 466 865 country callers
tty: 1800 809 623
www.ptovic.com.au
Public Transport Users Association
tel: 9650 7898
www.ptua.org.au
Victoria Legal Aid
Youth Legal Service
350 Queen St
Melbourne 3000
tel: 9269 0407
www.legalaid.vic.gov.au
Youthlaw
At Frontyard
19 King St
Melbourne 3000
tel: 9611 2412
info@youthlaw.asn.au
www.youthlaw.asn.au

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WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
Authority
Activities

> Information and communications technology (ICT)

> Thinking processes

> Communication

> Design, creativity and technology

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WHAT’S THE DEAL? Educating young people about legal issues


Authority Activities

Activity: Police powers and people’s rights

Draw up a table that summarises police powers and people’s rights:

Police Powers People’s Rights


(eg.) Speaking with police Police can demand your You have the right not to
name and address if: answer questions, except those
about your name and address
• you have broken the law
until you get legal advice.
• you are about to break
the law
• you are able to help them
with information about an
indictable offence.

Police Powers People’s Rights

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WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
Authority Activities

Activity: Illustrate your story

Cartoons are often used as a medium for highlighting topical cultural or political issues.
� Design your own cartoon strip of an incident that either you or someone you know has

had with a figure of authority.

� The challenge is to represent the incident in four frames using illustrations and only a

small number of words.

� When you have finished pair up with another person and swap cartoons. Look at your

partner’s cartoon and explain to them what you think the story is about and what it

represents. Then let your partner give you their interpretation. Compare your

interpretation to that of your partner’s.


Group discussion topic: How similar is the artist’s interpretation to that of the audience’s?
What can we learn from this about how art and stories are represented and interpreted?

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WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
Authority Activities

Activity: Acting up

In small groups choose one of the following three stories:

a. ‘Under arrest’ b. ‘Gettin’ searched’ c. ‘Gatecrashed’


Choose one of the following two activities:
� Construct an ending for one story and devise a role-play to perform to your group.
� Discuss the scenario and then answer the questions that follow. Choose one person to
present the scenario and questions to the group.

a. Under arrest
Justin is 15 years old. He is at home late one night and is bored. He decides to take his father’s
car for a ‘spin’. During the drive he fails to turn a corner and ends up smashing into the house on
the corner. Police are called and find Justin at the end of the block, walking home. The police tell
Justin he is under arrest for theft of car and driving offences, and that he must accompany them
back to the police station...

� What is the best thing for Justin to do?


� If Justin decided to run what do you think might happen?

b. Gettin’ searched
Hassan is 15 years old and decides to go to the local shopping centre to hang out with his mates.
At the shopping centre he and his mates go into the games arcade. The boys are making a lot of
noise joking and carrying on. They are warned by security guards that if they continue making
noise they will have to leave or the police will be called.
A few minutes later the police arrive and speak to the boys. They insist that they search their
bags, which they suspect may contain a weapon. Hassan tells the police officer to ‘get lost’ but as
the police officer fiddles through Hassan’s bag he finds a couple of spray cans. The officer
questions Hassan about the spray cans. Hassan gets angry and tells the officer that unless he’s
under arrest he doesn’t have to answer any of their questions...

� If you were part of this group what kinds of things could you do to help the situation?
� How could Hassan’s behaviour influence the way the police treated him?

c. Gatecrashed
Kylie, aged 16, hears about a party that another student at school is having on Saturday night,
which she and some of her friends have not been invited to. Kylie texts her two best friends and
they decide to gatecrash the party.
They go to the party and have no trouble getting in, as there are hundreds of young people there.
Kylie sees her boyfriend Jason, who had told her he was going away that weekend, pashing
another girl in one of the bedrooms. Accompanied by her friends she angrily confronts Jason and
the girl. After a minute or so of yelling, pushing and shoving Kylie punches the girl and pulls out
handfuls of her hair. Kylie makes threats to kill the girl if she ‘tells anybody’ and puts a knife to the
girl’s neck. She goes in search of Jason, who has in the meanwhile disappeared, but Kylie is asked
to leave by the parents before she can find him. The police arrive as Kylie is leaving the party...
� What reason would the police use to search Kylie?
� What would you do if you were the ‘other girl’?

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WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
Authority Activities

Activity: Quick pick

Each of the glossary terms listed below are hidden in this word find.
Locate and circle each word listed.

I T D I M O K R D S E N I E C O A
N N A N E L A J C S O R A C I G N
D Z D D O P B I A E Q N O N V A O
E O W I T N E S S M T A E E O F P
P P O V C H G D C R E O M D H A E
E U N I O T U T N E X A S I T C D
N I F D N Q A W U D R H E V N U W
D Y L U S O R B A G A Z F E O S A
E B O A E B D W L D O C F N J T O
N L A L N E I E O E F F E D A O F
T F U R T U A I L S O S R A H D O
P T B I E M N C S Y J F K L I Y F
E F O G P O R H R T A I F S O R F
R O C H A G W A A T E P E E N N E
S E O T R T M R O I G C U T N O N
O S A S B M X G G W S E E A D C C
N D W T U V O E C P A R P M A O E
K T O S E I A P L A R R E K V M B
S C I R I W U C O S R C R I O M O
E I H E M O H I N D E T I A L E A
R O F J D E K O A B S E Q A N N L
H N W O I C A B F O T H E B A T O

arrest indictable offence


charge individual rights
consent no comment
custody offence
evidence summary offence
guardian warrant
independent person witness

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WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
Authority Activities

Activity: Ticket to pass

In groups of four read the story ‘Ticket to pass’.


� Choose one of de Bono’s six thinking hats from the chart below.
� Use the ‘hat’ to identify how you think about the questions. This helps you to think

about the question in different ways.

� When you have discussed each question as a group, present your findings to the bigger
group. Your teacher or group leader will write the findings on the board to establish a
common response to the questions.

Ticket to pass
Jodie is running late to an end of year exam because her alarm didn’t go off. Feeling anxious she
rushes out the door without her wallet, which contains her monthly ticket and money. When
Jodie arrives at the train station, she searches for her wallet, but before she can find it the train
arrives. Jodie gets on thinking that she will find it once she’s on the train.
Despite only travelling two stops, she is unlucky and four ticket inspectors get on the train at the
next station. Jodie is asked to show her ticket. Unable to find her wallet she explains what
happened that morning and that she planned to get off at the next station to go to her final year
exam. They ask for her name and address and proof of identity. She gives them her name and
address but has no way of proving her identity because her wallet is at home. She gives her
parent’s phone number, but no one answers. On the morning of her exam Jodie is arrested and
detained until her identity is confirmed.

� Should Jodie have been fined for not having a ticket?


� Did the ticket inspectors have ‘reasonable belief’ not to accept her story?
� Do the ticket inspectors have the right to arrest her?
� If the inspector fines her $150 and then releases her, should she pay the fine?
� What other action could she take?

de Bono’s hat Type of thinking


White hat Focuses on the facts. Consider information known or needed.
Yellow hat Symbolises brightness and optimism. Explore the positives and
probe for value and benefit.
Black hat Represents judgement. This is your opportunity to play the
devil's advocate and look at why something may not work.
Red hat Signifies feelings, hunches and intuition. Express your emotions
and feelings.
Green hat Focuses on creativity. Explore the possibilities, alternatives and
new ideas.
Blue hat Manages the thinking process. Someone in the groups is given
this hat as the facilitator.

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WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
Authority Activities

Activity: Fare evasion, be in the know

Read the article ‘Inspectors get a code, fare evaders bigger fines’ and write
responses to the questions that follow.

Inspectors get a code, fare evaders bigger fines


Public transport ticket inspectors are set to make public transport safer, it does nothing Public Transport Users Association president
get more powers, backed by a sharp hike in to stop fare evasion,’ he said. ‘This is not a Daniel Bowen said raising fines wouldn’t
fines, in sweeping changes to cut fare measure to help fare evasion, it’s a tax grab.’ solve fare evasion and that a code of
evasion, the state government announced Ticket inspectors will get specific powers to conduct for inspectors was ‘something we
yesterday. For the first time, inspectors will demand tickets after commuters have left should have had a long time ago’.
also have to abide by a code of conduct. train stations and tram and bus stops, under The code will instruct inspectors to give
‘Customers have a right to be treated fairly a bill introduced in Parliament yesterday, elderly passengers the benefit of the doubt,
at all times when using public transport, but closing off that loop hole for fare evaders. be patient, fair and polite with people who
they also have the responsibility to travel An ombudsman to hear complaints to hear have difficulties with English, be non­
with a valid ticket,’ Transport Minister Peter complaints about inspectors, promised more threatening to minors and give people a
Batchelor said. than a year ago, would be established next reasonable opportunity to validate tickets on
Mr Batchelor said that fare evasion cost $40 March, Mr Batchelor said. a crowded tram.
million a year in lost revenue. The basic fine Transport companies will keep records of The code comes just months after teenager
for fare evasion will rise from $100 to $150 school students caught travelling on Gavin Slipais jumped from a moving train to
for a first offence and $200 for a second concession tickets without concession cards, avoid inspectors, hitting his head and falling
offence. Some fines will double, such as a move that the opposition has described as into a coma, from which he has emerged.
those for putting feet on seats – which will alarming. His stepfather, Phillip Austerberry, yesterday
rise $100 to $200. The new regime is Students will be given one week to present scoffed at the code. ‘It’s a bit bloody late,’ Mr
expected to be in place next year. their concession cards for a first offence, Austerberry said. ‘If they weren’t so
The government is expected to reap an extra rather than being fined immediately, as at confrontational, I don’t believe it would have
$4 million from the measures. Mr Batchelor present. put him in a situation where he felt the need
said about 96,000 fines a year are issued. Questions remain on the storage, accessing that he had to jump.’
For the first time, the Government will give and safe-guarding of that information on the M>Train sacked an inspector and demoted
transport companies between $10 and $20 students. Privacy commissioner Paul two others for failing to alert emergency
for each fine, to cover expense of reporting Chadwick said he would discuss privacy services that the youth had jumped.
offences to the Department of Infrastructure. standards with the transport companies. There has been an average of 1,350
‘The vast majority of customers...are sick of The public transport companies yesterday complaints a year against inspectors for the
freeloaders who don’t buy tickets, don’t welcomed the changes. past two years.
validate tickets and bleed money from the But rail, Tram and Bus Union state secretary In the same time, there have been 812 minor
public transport system,’ Mr Batchelor said. Trevor Dobbyn said the changes did not go assaults of inspectors, 368 reports to police of
But Opposition Leader Robert Doyle branded far enough and that customers wanted staff serious assaults, resulting in 512 prosecutions
the fine hike a tax grab. ‘It does nothing to on trams and stations, not higher fines. securing 160 convictions against passengers.

The Age, 8/10/03

Q? 1. What are the new changes to ticket inspection on Melbourne’s public transport
system? Do you think these changes will reduce fare evasion? Why? Why not?

2. What did former opposition leader Robert Doyle mean by the fine hike being a
‘tax grab’?

3. The opposition has described transport companies keeping records of students


who fare evade as alarming. Explain their concern.

4. What is the ‘code of conduct’?


5. Do you think the code will assist to reduce the number of complaints and
assaults against ticket inspectors? Why? Why not?

6. What other measures could be taken to reduce fare evasion?


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WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
Authority Activities

Activity: Debates

Conduct a group debate on one of the following topics:

1. Police should have the power to conduct random, on-the-spot drug


tests of drivers.

2. Police have too much power and exercise these powers at the
expense of individual rights.

3. Police are known to target particular groups in our society,


including young people.

� In your group collect information from a wide range of sources such as television
programs, newspaper articles, web sites and talk to people like your parents about
their opinions.
� Prepare a ‘Pluses, Minuses and Interesting facts’ chart for your chosen topic.

Debate topic...
For example, police should have the power to conduct random, on-the-spot drug tests of drivers

Pluses + + Minuses - - Interesting facts ! !


Potential to detect speed, Concerns that the method of Research indicates that drug
cannabis and ecstasy in testing is not scientifically use in the heavy vehicle
drivers. reliable. industry is a problem.

In planning your debate consider your:


� opening statement
� arguments
� the other group’s potential arguments and how to rebut them
� closing statement
� the time allowed for each section.

Give group members different roles in the debate.

Decide who will open, close, and present the


different arguments.

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WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
Authority Activities

Activity: Debates

Pluses + + Minuses - ­ Interesting facts ! !

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WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
Authority Activities

Activity: Proof of identity

Choose one of the three options after reading the story ‘Proof of identity’.

Proof of identity
Francis, a school student on exchange from overseas, gets on a tram unaware that the only way to
purchase a ticket from the machine is with coins. He has money for the fare but not in small
change. New to Melbourne and not confident with his English, Francis decides to stay on the tram
because he needs to connect with a tram at Flinders Street station. Six ticket inspectors get on the
tram close to where he had planned to get off. They ask to see his ticket. Francis politely explains
his situation and shows that he has money and is willing to purchase a ticket. The inspectors ask
for his name and address and proof of identity. He shows them his passport
but explains that he has just arrived in Australia and does not have anything
that proves his address. They ask him for the telephone number of where he
is staying. He gives it to them, however there is no one home. The ticket
inspectors arrest Francis until they can verify his address.

1. You are a reporter on a local newspaper. Write a newspaper article


about this case.

2. Write a letter of complaint from the perspective of Francis and


send it to your local member of parliament.

3. You are a witness to the incident. Write a letter to the editor of


your local newspaper.

You will need to consider how to construct your writing for the style that you
choose.
For example:
� Purpose: why are you writing this? What do you want the reader to feel or do?
� Audience: who are you writing this for? Who is going to read it?
� Language: what choice of language is appropriate? Colloquial or formal?
� Structure: how should what you’re writing be structured?

As a group complete this table by brainstorming ideas and write them up on


butchers paper or a board.
This will help you to construct your piece of writing appropriate to the style that
you have chosen.

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WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
31
Style Purpose Audience Language Structure
Writing a To inform people
newspaper article
Activity: Proof of identity

Writing a Formal Formal letter


letter of complaint

WHAT’S THE DEAL? Educating young people about legal issues


Authority

Writing a Newspaper editor and


Activities

letter to the editor general public

Victoria Legal Aid


Youthlaw
Authority Activities

Activity: Blurring the lines

In pairs collect three stories that have been highlighted in the media, which
describe cases where the line between authority and individual rights have been
blurred.
Sources you could use include newspaper articles, documentaries, blogs, or other
new media.
� Prepare a presentation to give to your group that summarises the different cases and
your view on the issue. Use the table to help you
with this process.
� You can choose how you want to present

your information. In preparing your

presentation consider how you will make

your research interesting to your

audience. Possibilities include oral

report, poster presentation or data show.

You may like to incorporate the use of

visual aids such as concept maps,

PowerPoint or Flash to represent your

material in an engaging way.

� Consider how you can get your peers to

interact with what you are presenting,

like using questions or asking them to


t
contribute their ideas to discussion.
ticke

Make notes here:

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WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
33
Article 1 Article 2 Article 3
Who is the
article about?

What are the


key points?
Activity: Blurring the lines

Where did the

WHAT’S THE DEAL? Educating young people about legal issues


event take place?
Authority

When did the


event take place?
Activities

Why do you
think it happened?

Victoria Legal Aid


Youthlaw
Authority Activities

Activity: Articulate

Articulate means to explain something. In this context it means explaining the


words listed in the glossary as best you can and, at the end, checking your answers.
� To play the game you will need to pair up and join with another pair to create a group
of four. Copy a set of the articulate cards below. Ask one person from the other pair to
act as a timer.

Set up your score sheet on a piece of paper:

Pip and Bill’s team Gus and Penny’s team


111 1111

� Hammer scissor rock to decide which pair goes first. One person from
the winning pair takes a card and has to explain the word on that card
to their partner in one minute without using any derivative of the word. For
example, if the word was ‘consent’ you couldn’t say the first part of the word is
‘con’ and the second part of the word is ‘sent’. You need to find some other way to
describe the word.
� The other team keeps track of the time using the timer. If the team with the card
successfully explains the word within one minute then that team gets a point. If you
get a card with a word on it that you don’t know then you don’t get a point.
� The team with the most points, when you’ve gone through all the cards, wins.


Arrest Fare evasion Offence

Charge Guardian Summary offence

Consent Independent person Validate

Custody Indictable offence Verify

Detain No comment Warrant

Evidence Off the record Witness


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WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
Authority Activities

Activity: Word match

Match the glossary terms with their correct descriptions.

A. Validator F. Fare evasion K. Charge P. Consent


B. Off the record G. Guardian L. No comment Q. Arrest
C. Witness H. Detain M. Independent person R. Offence
D. Summary offence I. Validate N. Verify
E. Indictable offence J. Warrant O. Evidence

Less serious than an indictable offence, for example, road traffic offences. Always

heard in the Magistrates’ Court or Children’s Court.

To confirm travel on correct ticket.

To keep under restraint.

Means that what you say to the police will not be used as evidence against you. The

term is, however, street speak and that there is no such thing. Anything you say to

police can be used as evidence.

Information that is used in court to help the magistrate decide if you are guilty or not.

Can be things that a witness saw or heard. It could also be documents, a tape

recording of your interview, weapons, fingerprints or drugs.

Machine that confirms travel on correct ticket.

A person who is legally responsible for protecting the rights and property of another

person.

A person who saw or heard something about your case and is called to give this

evidence in court, for example, someone who was injured by the offence.

These offences are more serious than summary offences. These cases are often heard

before a judge and jury.

To establish the truth by investigation or examination.

A person who is with you at the police questioning when you are under 18 and your

parents or guardian can’t be there. The independent adult is often confused with the

independent third person.

Saying this when the police ask you questions means that you do not want to discuss

anything.

When you agree to something.

To be held in custody by the police because they suspect you have committed an offence.

A court document that says the police can arrest you, imprison you, and search you or

your house or another place to look for evidence of an offence.

A wrong that is prohibited by law.

Defines the offence the police accuse you of having committed.

Travelling on public transport without a valid ticket.

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WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
Authority Glossary

Glossary

Arrest: To be held in custody by the police because they suspect you have committed an offence. You can also be
arrested because a court has issued a warrant to arrest you.

Blog: A web application presented as a webpage consisting of posted entries that are date stamped. Blogs can be
in the form of individual diaries, or creative collaborations. They can be written by individuals or developed by a
group of writers. Blogs allow visitors to leave public comments, which can lead to a community of readers
centred around the blog.

Charge: Defines the offence the police accuse you of having committed. When you are charged you have to go
to court.

Consent: When you agree to something.

Custody: When you are in custody you are not free to leave. You are in custody after the police arrest you.

Detain: To keep under restraint (used interchangeably with arrest).

Evidence: Information that is used in court to help the magistrate decide if you are guilty or not. Evidence can be
things that a witness saw or heard. It could also be documents, a tape recording of your interview, weapons,
fingerprints or drugs.

Fare evasion: Travelling on public transport without a valid ticket.

Guardian: A person who is legally responsible for protecting the rights and property of another person.

Independent person: A person who is with you at the police questioning when you are under 18 and your
parents or guardian can’t be there. The independent adult is often confused with the independent third person.

Indictable offence: These offences are more serious than summary offences. These cases are often heard before
a judge and jury.

Individual rights: Individual rights are based on laws that say or imply we have the freedom to act in a certain
way. An action that is deemed wrong by the law is through implication seen to be a right. Some individual
rights exist but are not formally recognised or supported by the law. For example, the law doesn’t support the
right to public assembly or freedom of speech.

No comment: Saying no comment when the police ask you questions means that you do not want to discuss
anything.

Off the record: Means that what you say to the police will not be used as evidence against you. The term is,
however, street speak and that there is no such thing as off the record. Anything you say to police can be used
as evidence.

Offence: A wrong that is prohibited by law.

Summary offence: Less serious than an indictable offence, for example, road traffic offences. Summary offences
are always heard in the Magistrates’ Court or Children’s Court.

Validate: To confirm travel on correct ticket.

Validator: Machine that confirms travel on correct ticket.

Verify: To establish the truth by investigation or examination.

Warrant: A court document that says the police can arrest you, imprison you, and search you or your house or
another place to look for evidence of an offence.

Witness: A person who saw or heard something about your case and is called to give this evidence in court, for
example, someone who was injured by the offence.

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WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
Authority
Curriculum mapping

37

WHAT’S THE DEAL? Educating young people about legal issues


38
The following tables map activities in this module to Victorian Essential Learning Standards: Level 6.

For more information about how this curriculum mapping works see ‘Educators’ notes’ at the beginning of the kit.

Strand - Interdisciplinary learning


Domain Information & communications technology (ICT) Thinking processes Communication Design, creativity and technology
Dimension Reasoning, Reflection, Listening,
ICT for visual ICT for ICT for processing and evaluation and viewing and Analysing and
thinking creating communicating inquiry Creativity metacognition responding Presenting Investigating Producing evaluating
Police powers and - - - - - - - - - - -
people’s rights
Illustrate your story - - - • • • • • - • •
Acting up - - - • • • • • - - -
Curriculum mapping

Quick pick - - - - - - - - - - -
Ticket to pass - - - • • • • • - - -
Fare evasion, - - - • • - - - - - -
be in the know
Debates - - - • • • • • - - -

WHAT’S THE DEAL? Educating young people about legal issues


Proof of identity - - - • • • • • • • •
Blurring the lines - • • • • • • • • • •
Articulate - - - • • - • • - - -
Word match - - - - - - - - - - -

Interdisciplinary learning key


Authority

These icons are designed to help you quickly identify activities that incorporate one or more of the four interdisciplinary domains.

Information and communications technology (ICT) Thinking processes Communication Design, creativity and technology
Curriculum mapping

Victoria Legal Aid


Youthlaw
39

Strand - Physical, personal and social learning
Domain Health and physical education Interpersonal development Personal learning Civics and citizenship
Dimension Health Managing Civic
Movement and knowledge and Building social Working in The individual personal knowledge and Community
physical activity promotion relationships teams learner learning understanding engagement
Police powers and - • - - - - • -
people’s rights
Illustrate your story - • • • • • • •
Acting up - • • • • • • •
Quick pick - • - - - - - -
Ticket to pass - • • • • • • •
Curriculum mapping

Fare evasion, - • - - • - • •
be in the know
Debates - • • • • • • •
Proof of identity - • • • • • • •
Blurring the lines - • • • • • • •
Articulate -

WHAT’S THE DEAL? Educating young people about legal issues


• • • • • • •
Word match - • - - - - - -

Strand - Discipline based learning


Domain The Arts English Humanities LOTE Mathematics Science
Dimension Creating Speaking
and making Reading Writing and listening – – – –
Authority

Police powers and - - - - - - - -


people’s rights
Illustrate your story • - • • - - - -
Acting up • - - • - - - -
Quick pick - - - - - - - -
Ticket to pass - • • • - - - -
Fare evasion, - • • - - - - -
Curriculum mapping

be in the know
Debates - • • • - - - -

Victoria Legal Aid


Proof of identity - • • • - - - -
Blurring the lines • • • • - - - -
Articulate - • - • - - - -
Word match - - - - - - - -

Youthlaw
Authority

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WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
41
My body

My body Contents

Contents

My body - Introduction 44
Aims of module
Background information
Sex and gender identity 45
Fact sheet 47
Sex and the law
Age of consent
Contraception
Sexuality
Transgender and transexuality
Confidentiality
Medicare
Discrimination
Resource directory 50
Pregnancy 51
Fact Sheet 53
I’m pregnant!
Telling your parents
Options
Having the baby
Adoption
Abortion
Not everyone gets pregnant by having sex
Discrimination
Resource directory 57
Activities 59
Think-pair-share
Quick pick
Debates
Buying condoms
de Bono’s six thinking hats
Proof of paternity
Acting up
Research topic
Preparing to become a parent
Group project
Debates
Creative writing
The abortion debate
Articulate
Word match
Advertising campaign
Glossary 79
Curriculum mapping 81
Interdisciplinary learning
Physical, personal and social learning
Discipline based learning

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WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
My body Introduction

My body - Introduction

Aims of module
This module aims to:
• engage both sexes on a broad range of legal issues about sex and pregnancy
• develop awareness of other people’s views and values about choices they make about their bodies
• develop knowledge and skills to negotiate the complexity of issues surrounding sex and pregnancy
• provide information about where to go for help.

Background information
Young people may encounter significant barriers in getting information about how the law applies to
sex and pregnancy. Some of these barriers are listed in the table below:

Cost Young people may:


- be concerned about the cost of health care
- not know that concession card holders are often eligible for a discount
- not know they can get their own Medicare card once they turn 15
- not know that some medical costs can be claimed through Medicare.
Access Young people may:
- not know what services are available
- not know where to go for help
- not be able to get to services. This issue is particularly relevant to young
people in rural Australia.
Confidentiality Young people may:
- fear losing their privacy and ‘being seen’ by people they know at services
- fear that doctors will tell their parents of the visit and what was discussed
- not know what their rights are with respect to confidentiality.
Apprehension Young people may:
- be cautious about sharing personal information with people they don’t know
- be embarrassed about asking for help
- not feel comfortable expressing their real needs. For example, they may go to
the doctor to discuss contraception but feel embarrassed and ask about other
issues instead
- feel worried that they’ll lose their dignity or be humiliated
- feel apprehensive about being judged by organisations or practitioners.
Experience People in their teens are becoming independent and beginning to face
issues on their own for the first time. Seeking help independently may
be unfamiliar territory for them. They may:
- not have the confidence to make a phone call or go to an appointment on
their own
- not recognise that they need help
- ignore the problem by telling themselves that ‘it will go away’, ‘it’s nothing’ or
that they can ‘handle it themselves’
- not know what their legal rights are.

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Sex and gender identity

Suzi: What do you mean...I thought


you were 16!
Pablo: It’s fine...it doesn’t matter.

...news flash...

Suzi: Sorry babe you’re not old enough.

Suzi: I’ll catch you in a couple of years.


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Fact sheet: Sex and gender identity

Learning about sex and gender identity can be difficult because of how different people within our
society see these issues. Your cultural background, religious views and how your school and family see
sex and gender identity may influence your understanding and views.

! Interesting facts: Although people may have different values it is important to know what the
law is. This fact sheet explains the law in relation to sex and gender identity.
On average Australians are 17 The law is often debated and you may disagree or agree with it. When
when they first have sex learning about these topics be aware that other people may have different
Source: www.sexlife.net.au views to your own. It is important to be sensitive to these differences.

Sex and the law


There are no laws about when you can start to have a relationship but there are laws about when you
can start to have sex. In Victoria these laws are the same for gay and straight people.

The basic laws are:


• people can’t have sex together if one person doesn’t want to
• people can’t have sex together if they are in the same family
• people can’t have sex together if one of them is under the
age of consent.

Age of consent
The law sets age limits for having sex. Age of consent is the age you can legally have a sexual
relationship. The reason these laws are in place is to protect you from exploitation from older people.
The law applies to sexual penetration, which includes anything that involves a penis touching a vagina,
anus or mouth. It also includes putting an object, or another part of the body into contact with a
vagina or anus. There are other laws that apply to touching a person in a sexual way, like touching
another person’s vagina, penis, anus or breasts.

The law says if you are:


Under 10: no one can have sex with you or touch you sexually or perform a
sexual act in front of you.

10 - 15: a person can’t have sex with you, touch you sexually or perform a
sexual act in front of you if they are more than two years older than you, even if
you agree. Exceptions to this may be if the person believed you were 16 or
older, or they were married to you.

16: no one who is caring for you or supervising you, like a teacher, youth worker,
or sports coach, can have sex with you, even if you agree. Exceptions to this may
be if the person believed you were 17 or older, or they were married to you.

16 - 17: no one who is caring for you or supervising you, like a teacher, youth
worker or sports coach, can have sex with you, even if you agree. Exceptions to this
may be if the person believed you were 18 or older, or they were married to you.

An older person can be charged with a sexual offence if they perform a sexual
act in breach of these age limits, even if you agree to it.

As well as the age limits the law says that two people can’t have sex unless
they both agree. If you don’t agree, or someone threatens you or touches you
sexually they are breaking the law. This is sexual assault. See ‘Violence’ in the
‘When things hurt’ module.

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Fact sheet: Sex and gender identity

Contraception
You don’t have to be 18 to get contraception, like the pill, from a doctor. However, before you are
prescribed the pill your doctor will consider:
• your physical health
• if you are mature enough to understand what you are doing
• if you will use the contraceptive properly.
Regardless of your age if your doctor believes that the pill will
! Interesting facts:
expose you to risk they do not have to prescribe it. If you’re not
80% of 16-year olds have NOT had sex happy with the advice you are given, get another opinion.
48% of 18-year olds have NOT had sex There is no age limit on who can buy condoms and they are sold
Source: www.sexlife.net.au at most chemists and supermarkets.

Sexuality
Sexuality goes beyond sex. It is about how you think and feel about sex and how you relate to other
people sexually. Exploring and becoming comfortable with your sexuality is part of developing a
healthy identity.
You may not feel ready to have sex, or you might be attracted to someone who is the same sex or
maybe you’re not sure who you’re attracted to. By recognising these feelings you shouldn’t feel
pressured to make a decision about your sexual identity. For some people coming to understand their
sexuality can be complex and difficult. It can also take time.
Homosexuality is legal in all Australian states. Although laws vary from state to state, the trend across
Australia, and globally, is towards extending the rights of gay people. Despite this there are still
differences between the rights of heterosexual and gay people.
For more information on where to go for support or help see the ‘Resource directory’. Also, see
‘Discrimination’ in the ‘When things hurt’ module.

Transgender and transexuality


Transgender people are those who have felt from an early

age that their gender is the opposite of their biological

sex. That is, they may be born male but feel that they

are female, or be born female but feel that they are

male.

Coming to terms with being transgender is often

confusing and difficult. Transgender is legal, however

there may be complications for a young person wanting

a transexual identity especially if it involves hormone

therapy or surgery. See ‘Resource directory’ for helpful

services.

Confidentiality
Confidentiality means that what you discuss with someone will not be shared with anyone else. Some
professionals like lawyers and doctors have to keep the information you give them confidential.
There are some exceptions to confidentiality. For example, your doctor can breach confidentiality if
they believe you are at significant risk to yourself or someone else, like if they are concerned that you
will commit suicide.

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FactFact
sheetsheet: Sex and gender identity

Seeing a doctor
• You can legally choose your own doctor at any age.
• You may want to visit a doctor independently without your parents’
knowledge.
• Your doctor shouldn’t tell your parents any information about you
without your permission.
• You can ask your doctor about their policy on confidentiality.
• If you are not happy with the way the doctor has treated you contact
the Health Services Commissioner, see ‘Resource directory’.

Medicare
Medicare is a government scheme that helps Australians get free or low-cost medical care.
Some doctors bulk-bill under Medicare. This means that you will not have to pay. In other cases you
will have to pay but will get some of this money refunded.
If you are over 15, you can apply for your own Medicare

card. If you are under 15 you need to use your parents’

card.

If you are 14 or older, Medicare will not give information

about your treatment to your parents. However, if you use

your parents’ card they may find out that you have visited

a doctor.

To get a Medicare card you need to fill out a ‘Medicare

Enrolment Application’. These are available from the

Medicare web site or a Medicare office. See

www.medicareaustralia.gov.au for Medicare information.

Discrimination
It is against the law to discriminate against someone on the basis of their gender, sexuality or gender
identity. This includes transgender people. See ‘Discrimination’ in the ‘When things hurt’ module.

What do you think of this fact sheet?


E-mail your reponse to: whatsthedeal@vla.vic.gov.au

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Resource directory

Action Centre for Young People


Free and confidential information about sexual health, pregnancy and STIs
tel: 9654 4766 toll free: 1800 013 952
www.sexlife.net.au
Centre Against Sexual Assault (CASA House)
24 hour counselling, information and advocacy to victim/survivors of sexual assault
and their friends and families
tel: 1800 806 292
www.casahouse.casa.org.au
Equal Opportunity Commission
tel: 9281 7100 toll free: 1800 134 142 (country callers)
www.eoc.vic.gov.au
Federation of Community Legal Centres
Call to find your nearest community legal centre
tel: 9654 2204
www.communitylaw.org.au
Health Services Commissioner
To make a complaint about a medical practitioner or health service
tel: 8601 5200 toll free: 1800 136 066 (country callers)
tty: 1300 550 275
www.health.vic.gov.au/hsc
Kids Help Line
Free, confidential, 24 hours, telephone counselling for young people, e-mail and web
counselling available
toll free: 1800 551 800
counsellor@kidshelp.com.au
www.kidshelponline.com.au
Lawstuff
A web site for young people with legal information and e-mail service
www.lawstuff.org.au
Somazone
A web site developed by young people for young people about health issues
www.somazone.com.au
TransGender Victoria
tel: 9517 6613
transgendervictoria@yahoo.com.au
http://home.vicnet.net.au/~victrans/
Victoria Legal Aid
Youth Legal Service
350 Queen St
Melbourne 3000
tel: 9269 0407
www.legalaid.vic.gov.au
Youthlaw
At Frontyard
19 King St
Melbourne 3000
tel: 9611 2412
info@youthlaw.asn.au
www.youthlaw.asn.au
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Pregnancy

Doctor: The test has come back


positive. You’re pregnant.
You’ll need to think about
an abortion.

Jessica: Oh,
hang on, I haven’t even
thought about my options.

I’m going to get


another opinion...

Doctor: Well you’re only 15 and you’ve


got your life ahead of you.
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Fact sheet: Pregnancy

Only women can get pregnant but the law says men, no matter how old, are equally responsible if a
baby is born. This fact sheet looks at the legal issues and decisions faced by girls and guys in this
situation.

I’m pregnant!
Finding out that you’re pregnant can be very confusing and you are likely to experience a wide range
of emotions. Pregnancy can be a fabulous thing but it can also be a time of uncertainty and anxiety.
There will be lots of decisions to make.
If the pregnancy is unplanned it is useful to speak to someone who can help you think through your
options. You may decide to confide in a close friend or relative or teacher. They can help you take the
next step to talk to a health professional or perhaps a parent. You can do this by yourself or together.
While it takes two to conceive a baby, legally the final decision about whether to continue the
pregnancy is the woman’s. The most important thing is to talk to someone you trust, who will respect
your confidentiality and support you through the decisions you make.

Telling your parents


You can decide when you want to tell your parents about your pregnancy. It is often difficult to tell
people really personal things, particularly those who are closest to us. It is common to be concerned
that our loved ones will be disappointed or angry with us, but often these people turn out to be the
most supportive.
Even if you are unsure or scared about telling your parents, it is usually a huge relief once you do. If
you are worried, ask a friend or sibling to be there when you tell them. The best way to tell your
parents is to be honest. Tell them how you feel and how you would like them to support you.

Options
If you are pregnant, then there are three options for you to consider:
• continue the pregnancy and place the baby for adoption
• continue the pregnancy and keep the baby
• end the pregnancy by having an abortion.
If you find out that you’re pregnant you need to start thinking
! Interesting facts: about your choices and making arrangements. Don’t rush
because it is one of the biggest life decisions that you’ll make.
More than 23,000 Australian teenage
However, you do need to take steps towards making your
girls get pregnant every year and decision. This is particularly important if you are considering an
11,000 choose to have their babies abortion.
Source: www.sexlife.net.au It is a good idea to talk to a pregnancy counsellor about your
options. You may like to speak to your school counsellor as
they can play a supportive role within your school community. You can also contact:
• the Action Centre for Young People, which is a branch of Family Planning Victoria
• the Royal Women’s Hospital Pregnancy Advisory Service.
Both services have counsellors that are experienced in dealing with pregnancy issues.
The Kids Help Line also have people you can speak to 24hrs a day. They can refer you to help close to
where you live. These services are listed in the ‘Resource directory’ at the end of this fact sheet.
It is important to make the right decision for you. Carefully consider your situation, plans, values and
feelings, and then make an informed decision that is right for you at the time. Even if you feel certain
about what you want to do, talking to someone else can help you think about things that you haven’t
thought about before.

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Fact sheet: Pregnancy

What about the guy?


• Often the guy will also feel confused and worried. He may also feel
left out of the decision-making.
• He may believe abortion is the only option. You may be under a lot
of pressure to please him.
• Sometimes the baby's father separates himself from the situation,
not wanting to be part of the difficult process of decision-making.
He may also be afraid about telling his parents.
• You may choose not to discuss your pregnancy with the father. It is
up to you. Your decision will depend on your own individual
circumstance and how you view your relationship with him.

Having the baby


There is no minimum age for keeping your baby. If you decide to have the baby
there are many things you need to think about and organise. These include:
• health care during pregnancy
• the birth of your baby
• financial support for you and your baby
• time off work or study
• where you will live
• the father’s role
• becoming a parent.
There are a number of helpful services to support young parents. These are listed
in the ‘Resource directory’ at the end of this fact sheet.

Becoming a dad!
Becoming a father can be a fantastic experience. However, there are
some things you need to know about your legal responsibilities. If you
become a father you are legally responsible for financially supporting
your child regardless of your age. If you can’t support your child
because you are still at school and have no income, you may have to
pay later when you can afford to. You have to make child support
payments until your child is 18.

If you believe you are not the father you can ask for a DNA test. This
test compares your DNA to the baby’s and works out if you are the
father or not.

Department of Human Services


The Department of Human Services (DHS) can get involved if they believe your child is at risk of
significant harm. The DHS may place your child with someone else. This can be for a short time or
longer, depending on what is best for your child. Get legal advice if you are in this situation.

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Fact sheet: Pregnancy

Adoption
Adoption is a legal process where parents give up their parental rights and responsibilities to the

adoptive parents. The aim of adoption is to provide a family for a child who cannot be cared for by

their birth family.

Both parents must agree to put the child up for adoption. You both have to sign a form that shows you
agree to the adoption.
Parents cannot give consent for adoption before a child is 16 days old or while the mother is still in

hospital. The parents have 28 days after signing to change their minds.

Adoption laws now encourage the birth parents to have limited access to the child after adoption. The
law also allows information about the child to be shared between the birth and adoptive parents
throughout the child’s life.
There are many services that provide support and advice to parents, children and relatives who are

looking for information about adoptions, see ‘Resource directory’.

It is important to know that:


• Someone else can only adopt your baby if you agree to it.
• If the name of the father appears on a child’s birth certificate, the
father must consent to the adoption. That means he must agree to
the adoption and be prepared to sign papers.
• Adoption of a child to people who are not relatives is done through
adoption agencies or the Department of Human Services.
• Adoption by relatives is usually handled by a lawyer.

Abortion
If you are considering an abortion, get advice from a doctor early in your pregnancy. It is legal to have
an abortion in Victoria if a doctor thinks that having the baby would seriously endanger your physical
or emotional well being. In deciding this, your financial situation and your home life will be considered
as well as how advanced your pregnancy is.
There is no age limit for having an abortion. You may be able to have an abortion without your

parents’ consent if the doctor thinks you are mature enough to

understand what you are doing.

As a pregnancy goes beyond 12 weeks the risks following an


abortion increase. The law does not define how advanced a
pregnancy can be before an abortion can no longer be
performed. Every woman is considered on a case by
case basis.
If an abortion is done in a public hospital and you
have a Health Care Card, Medicare should pay for all
costs – but there may be a waiting list. Public
hospitals often charge an extra fee, which you have
to pay up front. This can sometimes be reduced by
negotiation. If the abortion is performed in a private
clinic, the doctor may bulk-bill to Medicare, but there
could be extra costs. Medicare is discussed in the
‘Sex and gender identity’ fact sheet in this module.
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Fact sheet: Pregnancy

If you're thinking about an abortion see a counsellor first. Take a partner, friend or relative if you feel
like you need support. The counsellor will explain what happens and tell you about any possible risks.
Talking about your feelings about the pregnancy can be helpful, especially if you’re upset or uncertain
about your decision.
Many services give support and advice about abortion to young women and their partners. They will
talk you through your options and will accept the choices you make. They are also available if you
need to talk with someone after an abortion, see ‘Resource directory’.

It is important to know that:


• If you think you want to have an abortion talk to your doctor ASAP.
• There are many good places to get help and support you to make
your decision. See ‘Resource directory’.
• Counsellors should tell you about all your options, not pressure you
to do one thing or another.
• If you choose to have an abortion you can take a friend or someone
you trust with you for support.

Not everyone gets pregnant by having sex


Some people simply can’t or don’t want to conceive by having sex, like infertile couples, single women
or lesbians and gay men. In these cases options include:
• assisted reproduction
• a surrogate
• self-insemination at home.
However, the law regulates these options by saying who
! Interesting facts: can and can’t use them. In Victoria the law discriminates
One in five Australian lesbians intend to against single woman and lesbians by saying that they can’t
become pregnant in the next five years, 70% use reproductive technology unless they are medically
using self-insemination with donor sperm infertile. Only married women and women in de facto
heterosexual relationships can. Currently single women and
Source: Survey by group called Significant Others, 2000 lesbians have to go interstate where the laws are different.

Discrimination
Pregnancy or being a parent should not stop you from
continuing your schooling or going to work. It is against the
law for employers and education providers to treat you
differently because you’re pregnant or because you have a
baby. If you think you’ve been discriminated against, contact
Youthlaw, the Equal Opportunity Commission or Job Watch.
They can act as a mediator between you or your school or
employer, see ‘Resource directory’.

What do you think of this fact sheet?


E-mail your reponse to: whatsthedeal@vla.vic.gov.au

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Resource directory

Action Centre for Young People


Free and confidential information about sexual health, pregnancy and STIs
tel: 9654 4766 toll free: 1800 013 952
www.sexlife.net.au
Centrelink
If you are having a baby Centrelink can tell you about your financial entitlements
tel: 131 021
www.centrelink.gov.au
Equal Opportunity Commission
tel: 9281 7100 toll free: 1800 134 142 (country callers)
www.eoc.vic.gov.au
Federation of Community Legal Centres
Call to find your nearest community legal centre
tel: 9654 2204
www.communitylaw.org.au
Health Services Commissioner
To make a complaint about a medical practitioner or health service.
tel: 8601 5200 toll free: 1800 136 066 (country callers)
tty: 1300 550 275
www.health.vic.gov.au/hsc
Job Watch
Telephone advice, information, legal advice and referral for people who work
tel: 9662 1933 Advice Line toll free: 1800 331 617 (country callers)
www.job-watch.org.au
Kids Help Line
Free, confidential, 24 hours, telephone counselling for young people, e-mail and web
counselling available
toll free: 1800 551 800
counsellor@kidshelp.com.au
www.kidshelponline.com.au
Lawstuff
A web site for young people with legal information and e-mail service
www.lawstuff.org.au
The Royal Women’s Hospital Pregnancy Advisory Service
Counselling support and information regarding unplanned pregnancies
tel: 9344 2259 Pregnancy Advisory Service tel: 9344 2245 Language Services
www.rwh.org.au
- Go to the Well Women’s web site, click on Young Pregnant & Parenting
Somazone
A web site developed by young people for young people about health issues
www.somazone.com.au

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Resource directory

Victoria Legal Aid


Youth Legal Service
350 Queen St
Melbourne 3000
tel: 9269 0407
www.legalaid.vic.gov.au
Youthlaw
At Frontyard
19 King St
Melbourne 3000
tel: 9611 2412
info@youthlaw.asn.au
www.youthlaw.asn.au

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Activities

> Information and communications technology (ICT)

> Thinking processes

> Communication

> Design, creativity and technology

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WHAT’S THE DEAL? Educating young people about legal issues


My body Activities

Activity: Think-pair-share

Think about the following scenarios and discuss your ideas in pairs before writing
responses to the questions.
Join another pair to discuss your answers before choosing a group member to report
back to the group.

a. The hot soccer coach


Sonja is 16 and likes a hot guy called Goran who is 18. Goran leaves school at the end of the
year. The next year Goran returns to school as a soccer coach. Sonja quickly joins the soccer
team as she wants to spend time with Goran. A few months later they start going out and have
sex. The school finds out about the relationship and threatens to sack Goran...

� Can the school sack Goran?


� Can students and staff have consensual relationships?

b. Playing it safe
Harry is 15 and likes Amanda 16 who is in the year ahead of him in school. Amanda usually
goes for older boys but likes Harry because he’s hot. During the year they start going out and
by term three Amanda decides she wants to have sex with Harry. Harry is excited by the idea
of having sex with Amanda but is concerned about STIs (sexually transmitted infections) and
how to get condoms given he is under 18...

� Can Harry or Amanda buy condoms, if so, where from?


� What is the age of consent?
� Is the fact that Amanda is older a concern?
� Where can they go to for information and assistance?

c. Gettin’ the pill


Zan is 15 and her boyfriend is ready to have sex if she is. She wants to ‘do it’ but is worried
that she may get pregnant. She goes to her family doctor to ask for a prescription for the
contraceptive pill. Her doctor says that he must have her parents consent to do so...

� What would you do if you were in Zan’s position?

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Activity: Quick pick

Each of the glossary terms listed below are hidden in this word find.
Locate and circle each word listed.

N B R V O P H I N C R E W N I Z W A

S O P R E P L N B L M E D I C A R E

H M E D I A T O R F C E I O K L A I

P T R E D F S A I N M B C A I O P W

A E I E S N D O M A D O P T I O N N

A D C O N S E N T M U M R E D O I L

F X D E O I F N M V D E R S T I N W

O A P A G E A F O R K E E L O S F O

R B N P E P C U X I P A L A W Y E R

T O C I T Q T G Y L U P T X T I R P

I R E V A I O B Y O R H I E S P T L

J T I H O M O S E X U A L U C P I E

N I V C I N U N A N A S E H O R L J

Z O A R T V B N I U O L K N N D E A

A N W V B A E R L N O I U B C E R S

O H E T E R O S E X U A L O E N M E

E W S D R F G B N I O M L K I E A P

A F G K I L N A E R T N M H V O S O

R I R S U R R O G A T E O A E V N M

I O N A S T R Y O L N C S W E P O I

N T R I T O C O N F I D E N T I A L

E F R E N M B Z E A Q O N L I U T E

abortion homosexual
adoption infertile
conceive lawyer
confidential mediator
consent medicare
de facto surrogate
heterosexual

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Activity: Debates

Conduct a group debate on one of the following topics:

1. Condom vending machines should be put in schools.

2. Transgender young people who are under 18 should be allowed to


adopt the gender of their choice by hormone therapy and surgery.

3. Medical records of young people under 18 should be available to


their parents or guardians.

� In your group collect information from a wide range of sources such as television
programs, newspaper articles, web sites and talk to people like your parents about
their opinions.
� Prepare a ‘Pluses, Minuses and Interesting facts’ chart for your chosen topic.

Debate topic...
For example, condom vending machines in schools

Pluses + + Minuses - - Interesting facts ! !


Students can easily get May encourage sexual activity More than 23,000 Australian
contraception without risking amongst young people who may teenage girls get pregnant
embarrassment buying them not feel ready. every year and 11,000 choose to
elsewhere. have their babies.
(source: www.sexlife.net.au)

In planning your debate consider your:


� opening statement
� arguments
� the other group’s potential arguments and how to rebut them
� closing statement
� the time allowed for each section.

Give group members different roles in the debate.

Decide who will open, close, and present the different arguments.

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Activity: Debates

Pluses + + Minuses - ­ Interesting facts ! !

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Activity: Buying condoms

In pairs prepare a report on what it is like to go and buy condoms as a young


person. This involves visiting a place that sells or provides condoms like a
pharmacy or health clinic. You will need to decide how you’re going to
approach the exercise.
One approach you could take if you were going to a pharmacy is to walk in
together and ask the pharmacist to explain to you the different styles and
prices of condoms. You will need to prepare a couple of questions to ask.

� In pairs complete the star below outlining your experience. This includes where you
went, when you went, who you asked for information, what information they gave
you, and why you think they responded the way they did.
� Your teacher or group leader will write up everyones experience on the board using
the table on the opposite page.
� As a group compare the different experiences that you had.

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Activity: Buying condoms

Why?
What?
Who?
When?
Where?
Pair (eg.) Polly and Joe
Buying condoms

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Activity: de Bono’s six thinking hats

In groups of four read the scenarios.


� Choose one of de Bono’s six thinking hats from the chart below.
� Use the ‘hat’ to identify how you think about the questions. This helps you to think

about the question in different ways.

� When you have discussed each question as a group, present your findings to the bigger
group. Your teacher or group leader will write the findings on the board to establish a
common response to the questions.

a. Uh oh
Laila is 15 and finds out that she is pregnant to her boyfriend Dan, who is 18. Laila is not sure
what to do and whether to tell her boyfriend or her parents...

� Where can she go to for help?


� Does she have to tell her boyfriend?
� Does she have to tell her parents?
� Does Dan have the right to know that Laila is pregnant? Why? Why not?
� Will he be in trouble for having sex with Laila because he is three years older than
her? Why? Why not?

b. Oh baby
Maria is 15 and finds out that she is pregnant to her boyfriend Mohamed who is 17. Maria has
spoken to her parents who tell her she should have an abortion. Mohamed has told her he
wants her to have the baby, as it is wrong to kill an unborn child.
Maria is confused...

� What should Maria do?


� What are Mohamed’s rights?
� Can Mohamed insist that Maria have the baby?
� Where can she go to for help?

de Bono’s hat Type of thinking


White hat Focuses on the facts. Consider information known or needed.
Yellow hat Symbolises brightness and optimism. Explore the positives and
probe for value and benefit.
Black hat Represents judgement. This is your opportunity to play the
devil's advocate and look at why something may not work.
Red hat Signifies feelings, hunches and intuition. Express your emotions
and feelings.
Green hat Focuses on creativity. Explore the possibilities, alternatives and
new ideas.
Blue hat Manages the thinking process. Someone in the groups is given
this hat as the facilitator.
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My body Activities

Activity: Proof of paternity

Read the following case study and answer the questions that follow.

Rebecca and Cameron met got a letter from the Child information that said he
through friends at school in Support Agency saying would pay 18% of his gross
November. They went out a that Rebecca had applied income to Dylan.
few times. In late for child support. Then a
November they went to a few weeks later Cameron Cameron looked at the
party together that got a letter sent by agency’s web site and used
Cameron’s friend was Rebecca’s lawyer asking the calculator to work out
having for his 18th birthday him to sign a statutory how much he would have to
and had sex. declaration or complete pay. As a mechanic he
DNA testing. earned $20,000 a year. On
About six weeks after the that income he was liable
party Cameron got an SMS Cameron called Victoria to pay $1,083 per year or
from Rebecca asking to Legal Aid and spoke to a $21 a week in child support.
meet. Cameron was busy lawyer who gave him some The amount did not seem
so he didn’t respond. The free legal advice. The so bad until Cameron
next day he got another lawyer explained that if he realised that he would have
SMS from Rebecca saying were proven to be the to pay child support until
she was pregnant and the father then he would be Dylan was 18.
baby was his. Cameron liable to pay child support.
spoke to his friends and Cameron called Rebecca’s
they said, ‘the kid wasn’t Cameron decided to have lawyer to find out what to
his because Rebecca had DNA testing and find out if do next. The lawyer said
gone out with other guys’. he was the father. Ten days that if Cameron didn’t sign
Cameron did not want his later he got the results of a statutory declaration and
parents to find out about the test. It showed that the admit paternity then
Rebecca so he changed his probability that he was Rebecca would have to
mobile phone number. Dylan’s father was apply to court to get
99.9998%. Cameron called money from him to support
In August Cameron’s friend the Child Support Agency Dylan. The lawyer said
Marc told him that Rebecca to find out how much he Cameron would have to pay
had given birth to a baby would have to pay. The the court costs. Cameron
boy named Dylan. Cameron agency sent him decided to sign the form.

Q? 1. As a friend what advice would you have given Cameron after he got the
second SMS from Rebecca saying she was pregnant?

2. What legal services are there for liable parents like Cameron?
3. What legal services are there for parents who need child support?
4. Where is your closest community legal centre?

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My body Activities

Activity: Acting up

In pairs write a scene about a young woman who discovers she’s pregnant. The
purpose of developing the scene is to explore the characters’ responses to the
young woman’s pregnancy. The scene should have two characters and be set out
as a script.

� Your scene could involve the young woman or the father. Examples of other
characters you could choose are a parent, teacher, friend, sister or brother of either
the woman or the father. Once the script is complete, storyboard the scene using
the storyboard frames.
� From the script and storyboards produce a short film or rehearse it and perform it
to your group.

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My body Activities

Activity: Research topic

Research and design a poster, pamphlet, web site or PowerPoint to help in


educating young people about their choices if they experience an unplanned
pregnancy.

Make notes here:


a

! Interesting facts:
The first known contraceptive was crocodile
dung, used by Egyptians in 2000 B.C.
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Source: www.sexlife.net.au

WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
My body Activities

Activity: Preparing to become a parent

Imagine that you’re going to become either a father or mother.

� In small groups prepare an action plan for this life-changing event.


� In your action plan you will need to cover:

• health care during pregnancy


• a birth plan
• financial support for you and your baby
• what you’ll need to buy and the cost involved
• time off work or study
• where you’ll live
• the father’s role
• becoming a parent

� Do a concept map with ‘action plan’ in the centre circle. You can either use butcher’s
paper or a software application like Inspiration.
� Around the circle write up the key areas that you need to consider and draw circles
around those.
� Brainstorm considerations under each of these key areas drawing links to connect
ideas.
� Use the concept map to direct your
research for the action plan.
� Allocate roles within your group to
research different components of the
action plan.
� Present the plan as a poster, booklet, web
site or PowerPoint presentation.

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My body Activities

Activity: Group project

People in the community have different views on unplanned pregnancies. These


views are shaped by people’s values, which are influenced by their age, education,
religious beliefs, cultural background and their parents.

� As a group brainstorm different people in our community that may have different

views on unplanned pregnancy, like your doctor, a parent, a teacher or grandparent.

� Organise yourselves into pairs and decide on someone that you know and feel

comfortable approaching to interview about their views.

� Prepare some questions to ask the person. Have the questions checked by your

teacher or group leader first.

� Write up an A3 poster about what you found out and stick them on the
wall to find out what people think in your local community.

Brainstorm your thoughts here...

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My body Activities

Activity: Debates

Conduct a group debate on one of the following topics:

1. The law should be reformed to give the father the right to be


involved in deciding whether the mother has the baby.

2. Same-sex couples should have the same reproductive rights as


heterosexual couples.

3. Medicare should support the costs of women who have an abortion.

� In your group collect information from a wide range of sources such as television
programs, newspaper articles, web sites and talk to people like your parents about
their opinions.
� Prepare a ‘Pluses, Minuses and Interesting facts’ chart for your chosen topic.

Debate topic...
For example, Medicare should support the costs of women who have an abortion

Pluses + + Minuses - - Interesting facts ! !


Women can get confidential It may conflict strongly with It is very difficult to get
and safe medical care. Without some people’s values in the accurate statistics on the rate
this some women would resort community. of abortion in Australia. South
to unsafe ‘backyard’ Australia is the only state that
abortions. makes this information
publicly available.

In planning your debate consider your:


� opening statement
� arguments
� the other group’s potential arguments and how to rebut them
� closing statement
� the time allowed for each section.

Give group members different roles in the debate.

Decide who will open, close, and present the different arguments.

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Activity: Debates

Pluses + + Minuses - ­ Interesting facts ! !

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My body Activities

Activity: Creative writing

Prepare a creative piece that explores some of the issues surrounding teenage
pregnancy. It may be helpful to consider the following questions.

� Who is the audience?


� What is the purpose?
� What is the style?
The answers to these questions will give your writing shape and form, and will influence
the narrative and language that you choose to use.

Make notes here:

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My body Activities

Activity: The abortion debate

The abortion debate continues to be a hot topic in politics and the media. Collect
recent newspaper articles that highlight the key people and groups involved in the
debate and what their point of view is.

� With the information that you have sourced, contrast and compare three key people or
groups’ ideas in the debate using the following venn diagram.
� Put in each circle key person/group 1, 2, 3.

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My body Activities

Activity: Articulate

Articulate means to explain something. Here it means explaining the words listed in
the glossary as best you can and, at the end, checking your answers.
� To play the game you will need to pair up and join with another pair to create a group
of four. Copy a set of the articulate cards below. Ask one person from the other pair to
act as a timer.

Set up your score sheet on a piece of paper:

Pip and Bill’s team Gus and Penny’s team


111 1111

� Hammer scissor rock to decide which pair goes first. One person from
the winning pair takes a card and has to explain the word on that card
to their partner in one minute without using any derivative of the word. For
example, if the word was ‘consent’ you couldn’t say the first part of the word is
‘con’ and the second part of the word is ‘sent’. You need to find some other way to
describe the word.
� The other team keeps track of the time using the timer. If the team with the card
successfully explains the word within one minute then that team gets a point. If you
get a card with a word on it that you don’t know then you don’t get a point.
� The team with the most points, when you’ve gone through all the cards, wins.


Abortion De facto Medicare

Adoption Heterosexual Metrosexual

Age of consent Homosexual Lawyer

Bisexual Infertile Paternity

Consent Liable Surrogate

Contraception Mediator Transsexual


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My body Activities

Activity: Word match

Match the glossary terms with their correct descriptions.

A. Consent F. Liable K. Infertile P. Metrosexual


B. Transsexual G. Bisexual L. Age of consent Q. Abortion
C. Medicare H. Surrogate M. Mediator R. Lawyer
D. Homosexual I. Contraception N. De facto S. Child support payments
E. Paternity J. Heterosexual O. Adoption

A government scheme that helps Australians get free or low-cost medical care.

Fatherhood.

In reality. For example, two people living in a married like relationship without actually

being married.

Used to prevent pregnancy.

A legal process where a child is permanently placed in another family. The biological

parents give up their parental rights and responsibilities.

Ending a pregnancy by surgically removing an embryo or a foetus from the mother’s

body.

The age at which a young person can legally enter into a sexual relationship.

Money paid regularly to the parent who has day to day care of a child to help with

parenting costs.

Urban heterosexual male with a strong aesthetic sense who spends a lot of time and

money on his appearance and lifestyle.

An agreement to an action or arrangement.

People who identify as a member of the 'opposite' sex. Sometimes these people have

hormone therapy and surgery to bring their body into line with their gender identity.

A person who is sexually attracted to the same sex.

Sexually attracted to men and women.

A person who is sexually attracted to the opposite sex.

A person who conceives and carries a baby for someone else.

A person who helps people sort out disputes or problems but does not decide the

outcome.

Unable to have a baby.

A person in the legal profession who advises people on the law.

Legally responsible.

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My body Activities

Activity: Advertising campaign

In small groups develop an advertising campaign about age of consent for sex.
Your campaign concept may include a number of different mediums like radio,
television, billboard, newspaper, magazine or internet.

� Present your campaign as a ‘pitch’ to your group. In your ‘pitch’ you are aiming to
persuade your group to choose your campaign.
� As a group rate each group’s pitch and decide which advertising campaign is going
provide the best result.

Make notes here:

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WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
My body Glossary

Glossary

Abortion: Ending a pregnancy by surgically removing an embryo or a foetus from the mother’s body.

Adoption: Adoption is a legal process where a child is permanently placed in another family. The child’s biological
parents give up their parental rights and responsibilities.

Age of consent: The age at which a young person can legally enter into a sexual relationship.

Assisted reproduction: Where medical technology is used to conceive a baby. Invitro Fertilisation (IVF) is a

commonly known example.

Bisexual: Sexually attracted to men and women.

Breach: Breaking the law.

Child support payments: Money paid regularly to the parent who has day to day care of a child to help with
parenting costs.

Conceive: To become pregnant.

Confidential: Communicated in secret or private.

Consent: An agreement to an action or arrangement.

Contraception: Used to prevent pregnancy.

De facto: In reality. For example, two people living in a married like relationship without actually being married.

Exploitation: Taking advantage of someone for personal satisfaction.

Heterosexual: A person who is sexually attracted to the opposite sex.

Homosexual: A person who is sexually attracted to the same sex.

Infertile: Unable to have a baby.

Liable: Legally responsible.

Mediator: A person who helps people sort out disputes or problems but does not decide the outcome.

Medicare: A government scheme that helps Australians get free or low-cost medical care.

Metrosexual: Urban heterosexual male with a strong aesthetic sense who spends a lot of time and money on his
appearance and lifestyle.

Lawyer: A person in the legal profession who advises people on the law.

Paternity: Fatherhood.

Self-insemination: The introduction of semen from a male donor into a woman’s vagina.

Surrogate: A person who conceives and carries a baby for someone else. Surrogacy is illegal in Victoria. This
means that people have to travel overseas, usually to America, to arrange a surrogate. Surrogacy has been used
successfully by gay male couples wanting to have children.

Transgender: An umbrella term used to describe people whose gender identity is opposite to their biological sex.
This includes transsexuals.

Transsexual: People who identify as a member of the 'opposite' sex. Transsexuals sometimes have hormone
therapy and can get surgery to bring their body into line with their gender identity.

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Curriculum mapping

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82
The following tables map activities in this module to Victorian Essential Learning Standards: Level 6.

For more information about how this curriculum mapping works see ‘Educators’ notes’ at the beginning of the kit.

Strand - Interdisciplinary learning


Domain Information & communications technology (ICT) Thinking processes Communication Design, creativity and technology
Dimension Reasoning, Reflection, Listening,
ICT for visual ICT for ICT for processing and evaluation and viewing and Analysing and
thinking creating communicating inquiry Creativity metacognition responding Presenting Investigating Producing evaluating
Think-pair-share - - - • • • • • - - -
Quick pick - - - - - - - - - - -
Debates - - - • • • • • - - -
Buying condoms - - - • • • • • - - -
Curriculum mapping

de Bono’s six thinking hats - - - • • • • • - - -


Proof of paternity - - - • - - • - - - -
Acting up - - - • • • • • • • -
Research topic - • - • • • • • • • -
Preparing to become a parent - -

WHAT’S THE DEAL? Educating young people about legal issues


• • • • • • • • •
Group project - - - • • • • • • • •
Debates - - - • • • • • - - -
Creative writing - - - • • • - - - - -
The abortion debate - - - • - • • • - - -
Articulate - - - • • - • • - - -
Word match - - - - - - - - - - -
My body

Advertising campaign - - - • • • • • • • •

Interdisciplinary learning key


These icons are designed to help you quickly identify activities that incorporate one or more of the four interdisciplinary domains.
Curriculum mapping

Information and communications technology (ICT) Thinking processes Communication Design, creativity and technology

Victoria Legal Aid


Youthlaw
83
Strand - Physical, personal and social learning �
Domain Health and physical education Interpersonal development Personal learning Civics and citizenship
Dimension Health Managing Civic
Movement and knowledge and Building social Working in The individual personal knowledge and Community
physical activity promotion relationships teams learner learning understanding engagement
Think-pair-share - • • • • • • •
Quick pick - • - - - - - -
Debates - • • • • • • •
Buying condoms - • • • • • • •
de Bono’s six thinking hats - • • • • • • •
Proof of paternity - • - - - - - -
Acting up - • • • • • • -
Research topic - • • • • • • •
Preparing to become a parent - • • • • • • •
Curriculum mapping

Group project - • • • • • • •
Debates - • • • • • • •
Creative writing - • - - • • • •
The abortion debate - • - - - • • •
Articulate - • • • • • • •

WHAT’S THE DEAL? Educating young people about legal issues


Word match - • - - - - - -
Advertising campaign - • • • • • • •
Strand - Discipline based learning
Domain The Arts English Humanities LOTE Mathematics Science
Dimension Creating Speaking
and making Reading Writing and listening – – – –
My body

Think-pair-share - • • • - - - -
Quick pick - - - - - - - -
Debates - • • • - - - -
Buying condoms - • • • - - - -
de Bono’s six thinking hats - • • • - - - -
Proof of paternity - • • - - - - -
Acting up • • • • - - - -
Curriculum mapping

Research topic • • • - - - - -
Preparing to become a parent • • • • - - - -

Victoria Legal Aid


Group project • • • • - - - -
Debates - • • • - - - -
Creative writing - • • - - - - -
The abortion debate - • • - - - - -

Youthlaw
Articulate - • - • - - - -
Word match - - - - - - - -
Advertising campaign • • • • - - - -
My body

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When things hurt

When things hurt Contents

Contents

When things hurt - Introduction 88


Aims of module
Background information
Discrimination, sexual harassment and vilification 89
Fact sheet 91
Discrimination
Sexual harassment
Vilification
Taking action
Making a complaint
Resource directory 93
Violence 95
Fact Sheet 97
Violence at school
Violence within family and relationships
Sexual assault and rape
Stalking
Violence in public spaces
Intervention orders
Resource directory 100
Activities 101
Think-pair-share
Cartoons
Creative writing
Lodging a complaint
Focus group
Opinion line
Creating a children’s book
Individual debate
Articulate
Word match
Design a safe school kit
Glossary 117
Curriculum mapping 119
Interdisciplinary learning
Physical, personal and social learning
Discipline based learning

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When things hurt Introduction

When things hurt - Introduction

Aims of module
This module aims to:
• identify different forms of discrimination, sexual harassment, vilification and violence
• help young people think critically about discrimination, sexual harassment, vilification and violence
• empower young people to deal with discrimination, sexual harassment, vilification and violence
• provide information about where to go for help.

Background information
Young people can feel unsafe in a variety of environments including school, home and public places.
They are often portrayed as the perpetrators of violence. However, in reality, many young people are
victims of discrimination, sexual harassment, vilification and violence. This can range from feeling
excluded by other students through to being a victim of sexual abuse. Young people are particularly
vulnerable because they don’t necessarily have the life experience, knowledge or tools to deal with
threatening situations they may encounter.
Discrimination, sexual harassment, vilification and violence are discussed separately. However, it is
important to recognise that often there are links between these behaviours. The law interprets these
issues in the context in which they happen. For example, stalking is considered under different areas of
the law. Because of these links it is recommended that the module is used as a whole.
The fact sheets are designed to help young people identify different forms of discrimination and
violence. This is important because many young people may not be able to recognise when they are
affected by these behaviours. Identifying the issue is the first step. The activities in the module will
help young people recognise the links between these issues and develop strategies and tools to better
deal with difficult situations.

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When things hurt
Discrimination, sexual harassment and vilification

You can’t come in here


looking like that. I will
have to ask you to leave.

Hi! How are you?

89 Young person: That’s soooo unfair.

WHAT’S THE DEAL? Educating young people about legal issues


When things hurt Discrimination, sexual harassment and vilification

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WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
When things hurt Discrimination, sexual harassment and vilification

Fact sheet: Discrimination, sexual harassment and vilification

Discrimination, sexual harassment, and vilification are often interlinked. Sometimes people put up with

unfair treatment, unwelcome sexual behaviour or hateful behaviour because they don’t know how to

deal with it. Learning how to identify discrimination, sexual harassment and vilification and knowing

your rights in relation to the law can help you take action to resolve the problem.

Discrimination
Discrimination means being treated unfairly by other people because of an individual attribute or a

personal characteristic. An example of discrimination is not getting a role in the school production

because you have a physical disability. Another example is not being elected to the school council

because you are gay.

Discrimination can take many different forms and can happen in a range of activities. It is against the

law to discriminate against someone on the basis of any of the following attributes:

• sex
• pregnancy
• breastfeeding
• marital status
• race
• impairment or assumed impairment
• age
• industrial action, for example, protesting about university fees
• political belief or activity
• lawful sexual activity
• sexual orientation
• gender identity
• physical features
• religious belief or activity
• status as a parent or carer
• personal association, for example, you are hassled because one of your friends is gay or has a disability.
Discrimination is only unlawful in certain situations such as school, at work, in clubs, during sporting

activities or when you receive goods or services.

Sometimes discrimination is not considered against the law. For example, some schools can exclude

certain groups, like single sex schools, some religious schools or schools for people with special needs.

Anyone can be discriminated against but unfortunately some people experience discrimination more

often than others. You may feel there are certain forms of discrimination that young people are more

vulnerable to. If you are being discriminated against seek help

I have loved justice and hated


because there are steps that you can take to resolve the problem,

see ‘Taking action’ and ‘Making a complaint’.



inequality, therefore I die in exile

Pope Gregory V11 (bc 1020-85)


Sexual harassment
Sexual harassment can happen to males as well as females. Sexual harassment is unwelcome sexual

behaviour that offends, humiliates or intimidates you. It can include things like telling smutty jokes,

staring and leering, offensive pictures, or brushing up against someone in a deliberate way.

There are certain types of activities that provide exceptions to the law. For example, if you are at a gig

or a party and someone tells you a racist joke it wouldn’t be considered discrimination. However, if

they told you the same joke at school or at work then it could be. The difference between these two

examples is the context of the situation. It is not appropriate for your teacher or boss to tell you smutty

jokes or to express sexual affection towards you. In this context it is sexual harassment. If a friend or

someone you met socially told you the same joke or expressed the same type of affection towards you

at a party, you may or may not think it appropriate, but in this context the law does not consider it

sexual harassment.
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When things hurt Discrimination, sexual harassment and vilification

Fact sheet: Discrimination, sexual harassment and vilification

Vilification
Vilification incites hatred against or ridicule of a person or a group of people because of their race,

colour, nationality or religious beliefs. Vilification is illegal and includes things like racist graffiti or

making racist speeches in public.

Taking action
If you think that you have been subjected to discrimination, sexual harassment or vilification you can
talk to the perpetrator and ask them to stop. If you are not comfortable speaking directly to the person
concerned speak to someone else. If it is happening at work or school, talk to a teacher, school
counsellor or your manager. If it continues you can make a complaint, see ‘Making a complaint’.
The behaviour may also be serious enough to be a criminal offence, so get help.

Making a complaint
Sometimes the process of making a complaint can be stressful and you may feel that it is not worth

the hassle. It is worth considering making a complaint if you have been unfairly

treated because it makes it clear that such behaviour is unacceptable. Your

complaint may help other people avoid discrimination in the future.

Before you make a complaint get legal advice. In Victoria both state and
federal laws cover discrimination, vilification and harassment. Complaints can
be made through the Equal Opportunity Commission (EOC) and the Human
Rights Equal Opportunity Commission (HREOC). Both
commissions give confidential, free advice, see ‘Resource
directory’.
If you need help writing your complaint both EOC and
HREOC have people that can help you. The commissions
have information about the process for making a
complaint and a complaint form on their web sites, see
‘Resource directory’.
If you are suffering from a serious health issue or if you
are experiencing ongoing sexual harassment you can apply
to have the complaint handled more quickly. If you change
your mind you can withdraw the complaint at any time.

What do you think of this fact sheet?


E-mail your reponse to: whatsthedeal@vla.vic.gov.au

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When things hurt Discrimination, sexual harassment and vilification

FactResource
sheet directory

Centre for Adolescent Health


Free and support and referral
tel: 9345 5890
Equal Opportunity Commission
tel: 9281 7100 toll free: 1800 134 142 (country callers)
www.eoc.vic.gov.au
www.standuptoracism.com.au
Disability Discrimination Legal Service
Advocacy for people with disabilities
tel: 9654 8644 or 1300 882 872 (country callers)
TTY 9654 6817
info@ddls.org.au
www.communitylaw.org.au/ddls
Federation of Community Legal Centres
Call to find your nearest community legal centre
tel: 9654 2204
www.communitylaw.org.au
Human Rights and Equal Opportunity Commission (HREOC)
tel: (02) 9284 9600 / 1300 656 419 (complaints info line)
tty: 1800 620 241
www.hreoc.gov.au
Kids Help Line
Free, confidential, 24 hours, telephone counselling for young people, e-mail and web
counselling also available
toll free: 1800 551 800
counsellor@kidshelp.com.au
www.kidshelponline.com.au
Lawstuff
A web site for young people with legal information and e-mail service
www.lawstuff.org.au
Victoria Legal Aid
Youth Legal Service
350 Queen St
Melbourne 3000
tel: 9269 0407
www.legalaid.vic.gov.au
Youth Disability Advocacy Service (YDAS)
tel: 9267 3733 or 1300 727 176 (country callers)
mbowler@yacvic.org.au
Youthlaw
At Frontyard
19 King St
Melbourne 3000
tel: 9611 2412
info@youthlaw.asn.au
www.youthlaw.asn.au

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When things hurt Discrimination, sexual harassment and vilification

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When things hurt
Violence

Popular girl: Here she comes AGAIN!


She better not think she can
join our group.

I’m not going to put


up with this anymore

Popular girl: What do you want?

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When things hurt Violence

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WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
When things hurt Violence

Fact sheet: Violence

There are many different forms of violence including sexual assault, incest, bullying and family
violence. Violence can happen at school, at home, within relationships and in public spaces. The
effects of violence can be very serious, whether you experience it yourself or witness it happen to
other people.
All forms of violence are wrong and most forms - whether threats or physical violence - are criminal
offences. You don’t have to put up with violence of any kind. You have options. If you are affected by
violence speak to someone you trust or contact one of the services listed in the ‘Resource directory’. In
an emergency call the police. The police can give you protection and can charge the violent person with
a criminal offence. You can also call the police and take out an intervention order, see ‘Intervention
orders’.
Being in a violent relationship can be complicated. You can feel loved, supported and very close to
someone, but you can also feel upset and lonely, unsafe or afraid. Sometimes it is difficult to recognise
if violence is affecting you. This can be for many different reasons. It might be because you are a
witness to violence and don’t feel directly affected. Or sometimes its because you have been exposed
to violence for a long time and you’ve become used to it. Take the Healthy Relationship Quiz below. If
you answered yes to any of the questions then you may be experiencing violence. Speak to someone
you trust or contact one of the services listed in the ‘Resource directory’. There are people that can
help and offer you support.

Healthy Relationship Quiz


Does someone you know:
• Control your contact with friends and family?
• Become jealous when you talk or make friends with someone else?
• Put you down so much that you feel bad about yourself?
• Force you to do things you don’t want to do?
• Threaten or hurt you?
• Make you feel frightened, anxious or upset?

Violence at school
Bullying is a repeated action that involves the inappropriate use of
power by one or more people to hurt or upset another person or group
of people. Bullying can take different forms:
• Physical - this includes hitting, punching or kicking. It can also mean
stealing or damaging your property.
• Verbal – this includes speaking to you or about you in an unkind and
hurtful way, like teasing, rude comments or spreading rumours.
• Non-verbal – this includes other actions that upset, exclude or

embarrass you, like ignoring you, using rude body language, or

texting or e-mailing you unwanted messages.

Bullying is not acceptable. Your school has a responsibility to make you


feel safe. If you are being bullied you can take action to stop it. Make a
list of what has happened and talk to a teacher, school counsellor or
your principal. The most important thing is to talk to an adult that you
can trust, see ‘Resource directory’.

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Fact sheet: Violence

Violence within family and relationships


Family violence, also known as domestic violence, can involve anyone in your family. It can also involve
couples; straight or gay, married or de facto. Violence is never acceptable and many aspects of family
violence are against the law. Perpetrators of family violence can be charged.
Family violence takes many forms. It can involve physical or sexual violence, including incest, or any
behaviour that causes the victim to live in fear such as emotional or psychological intimidation. You
can be affected by family violence by experiencing it, witnessing it, knowing about it and/or seeing its
after effects.

Taking action against violence


Call the police:
The police may apply for an intervention order for you. They may also
charge the violent person with a criminal offence.

Get a court order:


You can apply for an intervention order yourself through the
Children’s Court. There are support services that can help
you through this process, see ‘Resource directory’.

Sexual assault and rape


Sexual assault is a violation of human rights and is against the law. Women and
children are most often the victims of sexual assault and men are almost always
the perpetrators. Sexual assault can happen to anyone. It is difficult to know
the extent of sexual assault because people often feel too ashamed, guilty or
afraid to talk about it. It is estimated that only one in 10 sexual assaults are
reported to police.
Sexual assault is any unwanted sexual behaviour that causes you humiliation,
fear, pain or intimidation. It includes rape, incest, child abuse, and unwanted or
unwelcome kissing and touching. It also includes behaviour that does not
involve actual touching. For example, forcing someone to watch pornography
or masturbation or sending pornographic phone messages and e-mails is sexual assault.
The perpetrator of sexual assault can be charged with a criminal offence. This is the case even if you
agreed to be touched sexually but then changed your mind. Some behaviour is not criminal, such as
unwanted sexual comments and perving, see ‘Sexual harassment’.
There are different ways to respond to a sexual assault. You can report the assault to the police or take
no legal action. If you know the perpetrator you have the option of taking out an intervention order,
see ‘Intervention orders’. Every situation is different and it is always your choice.
To discuss your options contact the Centre Against Sexual Assault (CASA). A counsellor can help you
decide what to do and work with you to help you deal with the effects of sexual assault.
There are 15 CASAs throughout Victoria including the Gatehouse Centre, which works with children
and young people and their families. CASAs also provide 24-hour crisis care. If you have been sexually
assaulted in the last two weeks most CASAs can arrange for you to see a counsellor immediately, see
‘Resource directory’.

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Fact sheet: Violence

Stalking
Stalking is a form of harassment that can make you feel frightened. It includes:
• following, phoning, or sending messages or pictures
• entering or loitering outside where you live or go to school
• interfering with your property
• giving you offensive material or leaving it where you will find it
• surveillance
• any other repeated behaviour that makes you feel unsafe.
It must happen more than once for it to be stalking. You can apply for an intervention order against

anyone who is stalking you – whether they’re a member of your family or not.

Violence in public spaces


Violence can also happen in public spaces like between home and school or work. It can include

intimidating threats, gang wars or group violence and criminal assault.

Intimidating threats can make you feel unsafe and frightened. It can be difficult to know if the person
threatening you will hurt you. Gang wars or group violence is considered by the law to be more serious
than cases of individual violence.
Always try and walk away from the person or
“ All breathing existing living sentiment creatures
should not be slain, nor treated with violence,
people threatening you, towards help. When you
feel safe write down as many of the details about
nor abused, nor tormented, nor driven away. the incident as you can and report it to the
This is the pure, unchangeable, external law
Jaina Sutras - Indian tradition founded in 6th century BC
” police. If you know the person who is
threatening you, you can take an intervention
order out against them, see ‘Intervention orders’.
If you are part of a group and find yourself in a situation where your group is threatening a person or
another group, do what you can to distance yourself from the situation. Even if you’re not directly
involved in a violent act, if you’re there you can be implicated in the crime. If you have been
implicated in gang war or group violence seek legal advice, see ‘Resource directory’.
Criminal assault, such as ‘rolling’, is a serious offence. Taking sensible precautions like not walking
alone late at night or in deserted places can reduce your risk of being assaulted. If you are assaulted
try to protect yourself and get help as quickly as possible. It is best not to use a weapon on your
assailant. In many cases where people have done this the weapon has been used by the attacker
against them. Record as many details as you can about the attack and report it to the police.

Intervention orders
An intervention order is a court order made by a magistrate. The intervention order can protect you
from family violence or stalking, or from someone you have a close relationship with. An intervention
order can be made without the defendant being in court but it only has legal force once the defendant
has been given the order. The police can arrest the defendant if they disobey the order.
The intervention order can protect you from family violence (from someone you have a close
relationship with) or stalking.
The police can arrest the defendant if they disobey the order, and may charge them with a criminal
offence.

What do you think of this fact sheet?


E-mail your reponse to: whatsthedeal@vla.vic.gov.au

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Resource directory

Australian Domestic and Family Violence Clearing House


www.austdvclearinghouse.unsw.edu.au
Bullying No Way
www.bullyingnoway.com.au
Bursting the Bubble
www.burstingthebubble.com
Centre Against Sexual Assault (CASA House)
24 hour counselling, information and advocacy to victim/survivors of sexual assault
and their friends and families
tel: 1800 806 292
www.casahouse.casa.org.au
Centre for Adolescent Health
Free and support and referral
tel: 9345 5890
Domestic Violence and Incest Resource Centre
tel: 9486 9866
tty: 9417 1255
www.dvirc.org.au
Federation of Community Legal Centres
Call to find your nearest community legal centre
tel: 9654 2204
www.communitylaw.org.au
Kids Help Line
Free, confidential, 24 hours, telephone counselling for young people, e-mail and web
counselling also available
tel: 1800 551 800 toll free
counsellor@kidshelp.com.au
www.kidshelponline.com.au
Lawstuff
A web site for young people with legal information and e-mail service
www.lawstuff.org.au
The Gatehouse Centre for Assessment and Treatment of Child Abuse
tel: 9345 6391 (24 hours)
Victoria Legal Aid
Youth Legal Service
350 Queen St
Melbourne 3000
tel: 9269 0407
www.legalaid.vic.gov.au
Women’s Domestic Violence Crisis Service of Victoria
tel: 9373 0123 toll free: 1800 015 188 (country callers)
Youthlaw
At Frontyard
19 King St
Melbourne 3000
tel: 9611 2412
info@youthlaw.asn.au
www.youthlaw.asn.au

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Activities

> Information and communications technology (ICT)

> Thinking processes

> Communication

> Design, creativity and technology

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When things hurt Activities

Activity: Think-pair-share

Think about the following scenarios and discuss your ideas in pairs before writing
responses to the questions.
Join another pair to discuss your answers before choosing a group member to report
back to the group.

a. More than she bargained for


Saleb 15 has a part time job at her local fast food joint. A local man who has a big appetite for
fast food becomes obsessed with Saleb. He writes her love poems that he leaves at her work.
He starts following her from work, finds out her mobile number and texts her up to 50 times a
day. Saleb is sick of his behaviour and has spoken to her manager who says there is nothing he
can do as the man is a customer and doesn’t create any scenes at the workplace...

� Where can Saleb go for help?


� Would the local man’s behaviour be regarded as ‘stalking’?

b. Violent temper
Joe 16 is in a relationship with Amy also 16. Joe has a violent temper. He is very jealous. Amy is
sick of him constantly hassling her about speaking to any other boys and calling her a ‘slut’. He
threatens to teach her a lesson. One day Joe sees Amy talking to a boy in her class and he loses
it. He approaches them and the boy immediately takes off. He yells at her, calls her names but
doesn’t actually hit her. Later he tells her he loves her and is just protecting her. Amy has had
enough of his behaviour...

� What can she do about it?


� Where should she go to for help?

c. The Asian Tigers and the Lebanese Wogs


Hung 16 is a member of the Asian Tigers, a group of young Indo-Chinese boys from his
neighbourhood. They have heard that the Lebanese Wogs are after a fight as one of the Asian
Tigers insulted one of the Lebanese Wogs.
The two groups meet up at the local park late on a Friday night. Tempers flair and a brawl is
about to break out. Hung doesn’t really want to fight but feels pressured by his friends and feels
it is a matter of honour...

� What legal options are available to Hung and his group?


� Where can Hung and/or his friends go for help?
� If Hung chooses to stay for the brawl but doesn’t fight is he still participating?

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Activity: Think-pair-share

d. Caught in the middle


Danni 15 lives at home. Danni is sick of her parents’ constant arguments, especially when her
father is drunk. More than once she has been hit when she tried to stop her father from hitting
her mother. Danni is reluctant to go to the police, as her mother has told her not too...

� What can Danni do about the violence at home?


� Which organisations can she go to for help?

e. Bullied
Jimi 13 is in year seven. He has no friends at his school and James the school bully targets Jimi
for some ‘fun’. Most lunchtimes James and his friends surround Jimi in the school yard and drag
him to the toilets and ‘dack’ him, shove his head in the toilet bowl, call him names and threaten
to bash him after school.
Jimi is sick of this behaviour and refuses to go to school, as he fears it will never end...

� What are Jimi’s rights?


� Does the behaviour amount to bullying?
� What is the responsibility of the school?
� Where can Jimi go for help?

f. Sticks and stones


Ibrahim 14 comes from Somalia. He has been called names like ‘nigger, towel head, coconut’
by boys at his school. He is sick of being ridiculed and tells his African friends who have had
similar experiences. Ibrahim and his friends decide to get the boys responsible outside of school
that afternoon...

� What is racial vilification and what can schools do to reduce it?


� What other options does Ibrahim have that are lawful?

g. The sleazy boss


Maya 15 works at a cafe part time. Her manager is a sleaze and keeps staring at her breasts
and makes lewd comments about how sexy she looks. One night he walks past her and rubs his
hand on her breast. He immediately apologises but grins in a sleazy way. Maya is fed up with
his behaviour but is scared if she complains that she will get the sack...

� What can Maya do about her manager’s behaviour?


� Where can she go for help?
� What should she do if her manager’s behaviour doesn’t change?

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Activity: Cartoons

In pairs examine the cartoon sequences below and write down how you would deal
with each situation.

Scenario 1: Raw deal


You can’t come in here
looking like that. I will
have to ask you to leave.

Hi! How are you?

Young person: Thats soooo unfair.

Scenario 2: On the outside

I’m not going to put


up with this anymore

Popular girl: What do you want? Popular girl: Here she comes AGAIN!
She better not think she
can join our group.

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Activity: Creative writing

Visit the library and find a children’s book that explores one of or a combination of
the themes discussed in the facts sheets. The list of books below may help you.

� Whoever you are, Mem Fox.


� Ernie dances to the didgeridoo, Alison Lester.
� Gentle giant, Michael Morpurgo.
� Jungle drown, Graeme Base.
� Cinderella, Lyn Roberts.
� All the colors of the earth, Sheila Hamanaka.
� The colors of us, Karen Katz.
� We’re different, we’re the same, Bobbi Kates, Joe Mathieu.
� Beaten by a balloon, Margaret Mahy.

� After reading the book write your answers to the following questions in the following table.

What is the story about? What did you like about the book?

Who are the characters? What is the title? Who is the author? Who is the illustrator?

What are the main themes? What do you think the message of the book is?

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Activity: Lodging a complaint

In response to the incident shown in ‘Raw deal’ individually write a letter of


complaint to the Equal Opportunity Commission.

� In your pair complete the table opposite to identify what to include in your letter.
� Plan and draft your letter. Refer to the ‘Resource directory’ and the table opposite
to ensure that you include all the necessary details.
� Write up your final copy on the computer. It should be no longer than one page.

Raw deal
You can’t come in here
looking like that. I will
have to ask you to leave.

Hi! How are you?

Young person: Thats soooo unfair.

Make notes here:

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Activity: Lodging a complaint

Why?
What?
Who?
When?
Raw deal
Where?

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Activity: Focus groups

In groups of three write a report on an information resource that covers one or a


combination of the following topics:

a. Discrimination b. Sexual harassment c. Vilification d. Violence

� Pick a resource: Choose a resource that interests you. Tip: Contact an agency in the
‘Resource directory’.
� Allocate roles: Nominate someone to be the facilitator, note taker and time keeper.
� Group meeting: At the beginning of the meeting write up the aims, outcomes and
meeting rules.
� Consider the questions below using each of de Bono’s six Thinking Hats. This helps you
to think about the question in different ways. During the meeting remember to
contribute according to the thinking hat that you are wearing. See the chart below.

Q? 1. What do you think are the most important messages the publication is
trying to convey?

2. What is the language and tone of the book like? If it were being spoken to
you - what kind of person would speak like this?

3. Who do you think this publication is written for? Age, gender, or person
with particular needs, for example, a person with disabilities.

4. Does the publication appeal to a young person? Why? Why not?


5. How would you improve the publication?
6. How would you distribute this publication to the people who need it?

� Write report: Write up your response to the questions as a report. Each person should
write up two questions and e-mail them to a nominated person in your group to collate
into a report. Present your findings to the bigger group in a five-minute presentation.

de Bono’s hat Type of thinking


White hat Focuses on the facts. Consider information known or needed.
Yellow hat Symbolises brightness and optimism. Explore the positives and
probe for value and benefit.
Black hat Represents judgement. This is your opportunity to play the
devil's advocate and look at why something may not work.
Red hat Signifies feelings, hunches and intuition. Express your emotions
and feelings.
Green hat Focuses on creativity. Explore the possibilities, alternatives and
new ideas.
Blue hat Manages the thinking process. Someone in the groups is given
this hat as the facilitator.
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Activity: Opinion line

Draw a line on the ground. One end represents ‘strongly agree’ and the other
‘strongly disagree’. The middle represents ‘agree with both arguments’.

You must take a personal position along the line drawn on the ground based on the

following statements:

� The use of the word ‘gay’ is a form of discrimination when used in a slang context. For
example ‘that party was so gay’. Tip: ‘Hurtful words’ below.
� Signs stating ‘no more than two students at a time’ on shop front window is a form of
discrimination.
� Girls not having the choice to wear trousers as part of their school uniform is a form of
discrimination.
� Boys being told that they have to have short hair to attend school is a form of

discrimination.

You must have a brief statement to justify your view on the issue.

Hurtful words
I originally wrote this speech doors. These gay icons are homophobia can cause. It is
for a school speaking idolised by young students painful to hear people using
competition, which I won. I today, and yet the word gay the word gay in a negative
have now moved schools is still used. way as if it means nothing.
because it felt more and They are attacking and
more like I didn’t fit in, but The Greek meaning of the undermining somebody I love
am planning to continue word homophobia is homo, and that hurts. It takes away
public speaking in an out of meaning the same and from a society we could be. A
school environment. phobia meaning fear. What’s society full of colour,
so frightening about two diversity, and difference.
Homophobia is a hatred or people that love each other?
fear of homosexuals or Some people may think it’s
people who are attracted to Is it because it’s not normal? not a big deal, it’s just a
members of the same sex. Who decides what’s normal figure of speech and that it’s
anyway? not meant to hurt. If that’s
Gay can mean homosexual the case then lets try an
like ‘he is gay’ or happy Is it because gay people are
a minority? Has it got experiment. Pretend you’re
cheerful and bright. walking down the corridor
Sometimes gay is used as a something to do with power?
and you see your friend
derogatory term meaning wearing a hideous hair tie,
Or is it because society
dirty, disgusting or you turn to her and say,
thinks it needs heterosexuals
ridiculous. Like ‘your hair tie ‘Becky that’s sooo Catholic’
to populate the world?
is so gay’. or ‘that’s sooo Asian’ or
Only one thing is for sure ‘that’s sooo Muslim’.
So when did the old
homophobia hurts and
definition, happy cheerful Doesn’t that make you
should be stopped. It not
and bright become a word to cringe? Why is it that gay
only hurts gay and lesbians
hurt, a word to put down? can be used in the same
but the community and
As I walk down the corridor people all over the world. As way?
of my school I see the faces a daughter of a lesbian I
know how much pain Eleanor Kerdo, D.O.B 14/9/90
of the Fab Five on locker

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Activity: Creating a children’s book

Write and illustrate your own children’s book that explores one of, or a
combination of, the themes discussed in the fact sheets.

� Brainstorm 10 ideas for a story and choose your best one.


� Draft the text for your story and share your draft with a friend for feedback. When
drafting your story, consider the plot, language, characters, setting and how you can
incorporate your theme.
� Re-draft your story and have it checked before you write your final copy.
� Storyboard your ideas for illustrations and where your text will be placed. Your
storyboards are a rough outline of what will be on each page. When you are going
through this process think about what materials you will use to illustrate your story.
You could use crayon, pencil, water colour, collage or computer aided design.
� Create your illustrations including your cover page and publish your text pages.
How you decide to put your book together is up to you. Because you are hand publishing
your book you can decide on what materials you use.
You may like to stick your text pages and illustrations onto thick card and
ring bind it.

Brainstorm your thoughts here...

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Activity: Creating a children’s book

Page 1 Page 6

Page 2 Page 7

Page 3 Page 8

Page 4 Page 9

Page 5 Page 10

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Activity: Individual debate

Choose one of the opinion line statements to research and prepare your own
individual debate. To do this you will need to present two responses, one for and
one against, to the one debate issue.

1. The use of the word ‘gay’ is a form of discrimination when used in a slang context.
For example ‘that party was so gay’. Tip: Hurtful words in ‘Opinion line’ activity

2. Signs stating ‘no more than two students at a time’ on shop front window is a
form of discrimination.

3. Girls not having the choice to wear trousers as part of their school
uniform is a form of discrimination.

4. Boys being told that they have to have short hair to attend school
is a form of discrimination.

� Collect information from a wide range of sources such as television programs,


newspaper articles, web sites and talk to people like your parents about their opinions.
� Prepare a ‘Pluses, Minuses and Interesting facts’ chart for your chosen topic.

Debate Topic...
For example, the use of the slang word 'gay'

Pluses + + Minuses - - Interesting facts ! !


'Gay' in a slang context has a 'Gay' is most commonly used to Discrimination based on sexual
different meaning to a 'gay' describe people who are same orientation is against the law.
person. 'Gay' also means happy. sex attracted as well as
Words have different meanings something that is dumb or
in different contexts. stupid. Using the word 'gay'
negatively may make same sex
attracted people feel bad
about themselves.

In planning your debate consider:


� your opening statement
� your arguments
� other potential arguments and how to rebut them
� your closing statement
� the time allowed for each section.

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Activity: Individual debate

Pluses + + Minuses - ­ Interesting facts ! !

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When things hurt Activities

Activity: Articulate

Articulate means to explain something. In this context it means explaining the


words listed in the glossary as best you can and, at the end, checking your answers.
� To play the game you will need to pair up and join with another pair to create a group
of four. Copy a set of the articulate cards below. Ask one person from the other pair to
act as a timer.

Set up your score sheet on a piece of paper:

Pip and Bill’s team Gus and Penny’s team


111 1111

� Hammer scissor rock to decide which pair goes first. One person from
the winning pair takes a card and has to explain the word on that card
to their partner in one minute without using any derivative of the word. For
example, if the word was ‘consent’ you couldn’t say the first part of the word is
‘con’ and the second part of the word is ‘sent’. You need to find some other way to
describe the word.
� The other team keeps track of the time using the timer. If the team with the card
successfully explains the word within one minute then that team gets a point. If you
get a card with a word on it that you don’t know then you don’t get a point.
� The team with the most points, when you’ve gone through all the cards, wins.


Assailant Loitering Vilification

Attribute Incites Perpetrator

Context Surveillance Witness


Defendant Vilify

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Activity: Word match

Match the glossary terms with their correct descriptions.

A. Vilification E. Assailant I. Loitering


B. Vilify F. Defendant J. Incites
C. Perpetrator G. Surveillance K. Attribute
D. Witness H. Context

Hanging about or lingering idly.

A person who saw or heard something about your case and is called to give this
evidence in court, for example, someone who was injured by the offence.

Urge, provoke or stir up.

Speak badly of or defame a person.

A person accused of a crime in a court of law.

The person who initiates the crime or mistake.

Close observation often involving a video camera.

A characteristic or quality of a person.

Make a person feel lower in value by inciting hatred against or ridicule of a person or a

group of people because of their race, colour, nationality or religious beliefs.

The circumstances relevant to what is being considered.

A person who physically or verbally attacks another person.

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When things hurt Activities

Activity: Design a safe school kit

As a class create a ‘safe school’ kit designed for students. The kit will explore way
that your school can be inclusive of all students. The kit will be researched and
delivered in different ways.

These include:

a. Website b. Booklet c. Poster

� For the duration of the project you will keep an on-line blog. This is a tool that you will
use to reflect upon the research and development of the project; discuss ideas with
classmates and record the process. Visit www.blogsome.com
� To prepare this project you will need to break into research pods. In your pod you will
research a topic about discrimination, sexual harassment, vilification or violence. Your
teacher will assist you with this. You will explore ways in which your school or
organisation can actively play a role in addressing your chosen topic. This will be
presented as an action plan.
� When your pod has completed your research and presented your plan you will
collaborate as a whole class to write and design the kit.

Start planning here:

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When things hurt Glossary

Glossary

Assailant: A person who physically or verbally attacks another person.

Attribute: A characteristic or quality of a person.

Blog: A web application presented as a webpage consisting of posted entries that are date stamped. Blogs can be

in the form of individual diaries, or creative collaborations. They can be written by individuals or developed by a
group of writers. Blogs allow visitors to leave public comments, which can lead to a community of readers
centred around the blog.

Context: The circumstances relevant to what is being considered.

De facto: In reality. For example, two people living in a married like relationship without actually being married.

Defendant: A person accused of a crime in a court of law.

Incites: Urge, provoke or stir up.

Loitering: Hanging about or lingering idly.

Perpetrator: The person who initiates the crime or mistake.

Surveillance: Close observation often involving a video camera.

Vilification: Make a person feel lower in value by inciting hatred against or ridicule of a person or a group of
people because of their race, colour, nationality or religious beliefs.

Vilify: Speak badly of or defame a person.

Witness: A person who saw or heard something about your case and is called to give this evidence in court, for
example, someone who was injured by the offence.

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Curriculum mapping

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WHAT’S THE DEAL? Educating young people about legal issues


120
The following tables map activities in this module to Victorian Essential Learning Standards: Level 6.

For more information about how this curriculum mapping works see ‘Educators’ notes’ at the beginning of the kit.

Strand - Interdisciplinary learning


Domain Information & communications technology (ICT) Thinking processes Communication Design, creativity and technology
Dimension Reasoning, Reflection, Listening,
ICT for visual ICT for ICT for processing and evaluation and viewing and Analysing and
thinking creating communicating inquiry Creativity metacognition responding Presenting Investigating Producing evaluating
Think-pair-share - - - • • • • • - - -
Cartoons - - - • • • • - - - -
Creative writing - - - • • • - • - - -
Lodging a complaint - • - • • • • • - - -
Curriculum mapping

Focus group - • • • • • • • - - -
Opinion line - - - • • • • • - - -
Creating a children’s book - • - • • • • • • • •
Individual debate - - - • • • • • - - -
Articulate - - - - - - -

WHAT’S THE DEAL? Educating young people about legal issues


• • • •
Word match - - - - - - - - - - -
Design a safe school kit - • • • • • • • • • •

Interdisciplinary learning key


These icons are designed to help you quickly identify activities that incorporate one or more of the four interdisciplinary domains.
When things hurt

Information and communications technology (ICT) Thinking processes Communication Design, creativity and technology
Curriculum mapping

Victoria Legal Aid


Youthlaw
121

Strand - Physical, personal and social learning
Domain Health and physical Education Interpersonal development Personal learning Civics and citizenship
Dimension Health Managing Civic
Movement and
knowledge and Building social Working in The individual personal knowledge and Community
physical activity
promotion relationships teams learner learning understanding engagement
Think-pair-share -
• • • • • • •
Cartoons -
• • • - - • •
Creative writing -
• • • • • - •
Lodging a complaint -
• • • • • • •
Focus group -
• • • • • • •
Opinion line -
• • • • - • •
Curriculum mapping

Creating a children’s book -


• • • • • • -
Individual debate -
• - - • • • •
Articulate -
• • • • • • •
Word match -
• - - - - - -
Design a safe school kit -
• • • • • • •

WHAT’S THE DEAL? Educating young people about legal issues


Strand - Discipline based learning
Domain The Arts English Humanities LOTE Mathematics Science
Dimension Creating Speaking
and making Reading Writing and listening – – – –
Think-pair-share - • • • - - - -
Cartoons - • - • - - - -
When things hurt

Creative writing - • • - - - - -
Lodging a complaint - • • - - - - -
Focus group • • • • • - - -
Opinion line - - - • - - - -
Creating a children’s book • • • - - - - -
Individual debate - • • - - - - -
Curriculum mapping

Articulate - • - • - - - -
Word match - - - - - - - -

Victoria Legal Aid


Design a safe school kit • • • • - - - -

Youthlaw
When things hurt

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123
Bec
ecoming
oming independen
independentt
Becoming independent Contents

Contents

Becoming independent - Introduction 126


Aims of module
Background information
Getting a job 127
Fact sheet 129
Leaving school
Working
Work experience and work placements
Finding a job
Apprenticeships and traineeships
Tax file number and paying tax
Contracts
Work conditions
Exploitation
- Cash-in-hand
- Unpaid trial work
- Unfair dismissal
Discrimination and workplace violence
Unions
Resource directory 134
Leaving home 137
Fact Sheet 139
Leaving home
Renting
Centrelink
Bills
Resource directory 142
Activities 143
Think-pair-share
Acting-Up
Gettin’ your own pad
The independence kit
Blog it!
Dispute resolution
Articulate
Word match
Glossary 152
Curriculum mapping 153
Interdisciplinary learning
Physical, personal and social learning
Discipline based learning

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Becoming independent Introduction

Becoming independent - Introduction

Aims of module
This module aims to:
• improve young people’s knowledge about work and the law
• improve young people’s knowledge about leaving home and the law
• assist young people to develop critical understanding of topical issues in relation to becoming
independent
• equip young people with skills to assist them in becoming independent
• provide information about where to go for help.

Background information
The transition from childhood to becoming an independent adult can be difficult. Young people want
to take on more responsibility, and stand on their own two feet, but need support while they make
this transition. Stepping into the world of work can be daunting for some young people and it is often
a steep learning curve. Young people are also vulnerable when they start working because they often
don’t have the knowledge or experience to deal with difficult situations. They are also less likely to
understand what their rights are and where they can go for help. The unit ‘Getting a job’ provides an
introduction to working life and the legal issues young people need to understand.
When most young people leave home they are faced with financial responsibilities that can be
challenging to manage on a low income. It is often a time that coincides with starting further study or
getting a job. It can be difficult for young people to find their way around the maze of utility
companies, real estate agents and Centrelink. Managing financial responsibilities in a share house can
present its own issues and if not dealt with, can lead to legal complications. For a young person it can
be tough to take on this level of responsibility. The fact sheet on ‘Leaving home’ gives young people
tips on how to approach taking the big step and sets out legal issues that they need to be aware of.

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Becoming independent
Getting a job

Store owner: We could put you on an unpaid


trial. If your good you’ll get paid work.
You have to help out this weekend too.

When will I get paid

for all of this?

It can’t be right.

Matty: Iam working really hard without


pay. It isn’t fair.
Store owner: Take
it or leave it. There are
127 plenty of others where you came from.

WHAT’S THE DEAL? Educating young people about legal issues


Becoming independent Getting a job

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Becoming independent Getting a job

Fact sheet: Getting a job

Leaving school
From early 2007 school leaving age will go up to 16. Until then:

You must go to school until you’re 15 except when:


• you’re being given home schooling
• there is no state school within five kilometres and you’re learning
by distance education
• you’re very ill or unable to get to school
• the Department of Education and Training, for some other reason,
has exempted you. For example, your parents are very ill or
suffering severe hardship.

If you want to leave school before the school leaving age you need approval from the regional director
of the Department of Education and Training, see ‘Resource directory’.

Working
If you’re under 15 you can only work if your parent or guardian gets a Child Employment Permit from
the Department of Innovation, Industry and Regional Development. There is a mandatory code of
practice for young people who work in the entertainment industry. To find out more contact an
Industrial Relations Victoria Child Employment Officer on 1800 287 287.

If you’re under 15 you can only work without a permit if the work is
occasional and involves:
• helping out in a family business
• posing for still photographs, like modelling
• participating in sports events
• taking part in a not for profit educational, charitable or religious activity.

It is illegal to work without a permit and employers can be fined between $100 and $10,000.
Permits are free. A parent must apply for the application form and your employer and school must
sign it. The employer must include details about what you will be doing and your hours of work. If
you’re under 15, you can only get a job during school hours if you have permission not to go to school.

Generally you can’t work if you’re under 13. The exceptions are:
• delivering newspapers or making deliveries for a pharmacy if you’re 11
or older
• working in a family business or in the entertainment industry.

Wherever you work, you’re only allowed to do light work. This means work that will not effect your
schooling. For example, office work or working as a sales assistant in a shop. You can’t work in door-
to-door sales, in the building and construction industry or in deep-sea fishing. You can’t sell alcohol in
a bottle shop, hotel or restaurant, until you’re 18, unless you’re on an approved training program.
You can work up to three hours a day and 12 hours per week during the school term. During the holidays
you can work for a maximum of six hours a day and 30 hours per week. These hours include rest breaks.
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Fact sheet: Getting a job

You can only work between 6.00am. and 9.00pm. If you work in street trading, like signing people up
for charities, you can’t work between 6.00pm and 6.00am.You must be allowed to rest for 30 minutes
every three hours worked and have at least a 12-hour break between finishing one shift and starting
another.

Work experience and work placements


If you’re over 13 or in year eight or above you can do work experience for up to 10 days a term but no
more than 40 days per year. You can’t work for more than 10 days in one work experience placement.
There are guidelines for selecting work experience placements, speak to your careers adviser for more
information.

Finding a job
Local shopping centres, newsagents and cafes can be good places
to start looking for work. There are different approaches to finding
work including looking in local newspapers, employment web sites
and directly approaching places you would like to work at.
Jobs aren’t always advertised, so let people know you’re looking
for work. Someone you know may be able to offer you a job or
know someone who is looking for an extra pair of hands. Using
your networks can often get you a foot in the door.
There are some good employment web sites such as Seek, Career
One, and My Career. You can register with these sites to be sent
job updates on work you’re interested in. The web sites also offer
information on job searching and writing resumes and job
applications.

Employment web sites


• Seek - www.seek.com.au
• My Career - www.mycareer.com.au
• Career One - www.careerone.com.au

Anyone who is looking for a job can use the Job Network access area in Centrelink offices, where there
are touch screens that list jobs. You can also use the phone, fax, photocopier, computers and printers
to help prepare resumes and job applications.

Apprenticeships and traineeships


If you are interested in starting an apprenticeship or traineeship speak to your careers adviser. Many

schools now offer the option for you to start an apprenticeship while studying. You need to take a

pro-active approach. Pathways to explore include:

• contacting your local Job Network


• calling the New Apprenticeship hotline, visiting your local New Apprenticeship Centre and their
web site
• checking the employment ads in daily newspapers
• making initial enquiries about apprenticeships by talking to your career adviser if you are still

studying

• registering with JET, see ‘Resource directory’.

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Becoming independent Getting a job

Fact sheet: Getting a job

Tax file number and paying tax


Tax File Number
The Australian Taxation Office (ATO) can issue you

with a tax file number (TFN) at any age. Your TFN is

yours for life, even if you change jobs, move

interstate or change your name. Your TFN gives the

ATO information about your income and how much

tax you pay.

If you’re starting your first job your employer will


often provide you with a TFN application form. If
you’re a secondary student you may also be able to
get a TFN through your school. Check with your
school to see if they are part of the secondary schools TFN program. Applying this way is easy because
your school verifies your identity. This means that you don’t need to provide any I.D. If you are
applying for a Centrelink benefit you can apply for your TFN at the same time.
Alternatively you can get a tax file number application form by:
• going to the ATO web site
• calling the ATO.
To apply this way you will need to show proof of identity. See ‘Resource directory’ for contact details.

You need a tax file number when you:


• open a bank account
• apply for a Centrelink payment
• complete a tax file number declaration form when you start a new job
• lodge a tax return
• register with HELP (Higher Education Loan Programme) when you
enrol in tertiary study.

Paying Tax
When you start earning an income your employer will take tax out of your pay. This is called Pay As
You Go (PAYG). If you work and earn more than $6,000 in one year then you must put in a tax return.
The first $6,000 you earn is tax-free. This is called the ‘tax-free threshold’. This applies to only one
income. If you work part-time and get Youth Allowance, you can only claim the tax-free threshold for
your part-time income or your Youth Allowance income, see ‘Centrelink’.
Your employer will send you a payment summary at the end of the financial year (June 30). This
summary shows how much you earned and how much tax you paid in that year. If you earned less
than $6,000 and tax was taken from your pay you can put in a tax return to get that money back. This
is called a tax refund.
The ATO has a booklet called the ‘Tax Pack’. It tells you how to fill in your tax return. You can get a
copy from the tax office or any newsagent. You can also get information online at the youth section of
the ATO web site, see ‘Resource directory’.

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Fact sheet: Getting a job

Contracts
An employment contract is an agreement between you and your employer that sets out the conditions
of your employment. This means your rights and responsibilities as a worker and the rights and
responsibilities of your employer. A contract is legally binding even if it is not in writing.
It is better for a contract to be written because it means you can get advice about it. Never sign a
contract until you have read, understood and agreed with it. If you are not sure about the contract, get
some independent advice. Make sure you keep a copy of any contract you sign.

Work conditions
A Federal Award sets out wage rates and work conditions for employees in different industries. There
are different awards for different types of work. Conditions outlined in an award can include:
• ordinary hours of work
• leave loadings
• penalty rates
• stand down provisions
• dispute settlement procedures.
There is also an Australian Fair Pay and Conditions Standard, which covers minimum pay, maximum
hours of work and leave entitlements.
Your employer cannot give you less than the award or less than the standard except in certain
situations, for example you already agreed to a workplace agreement. You can find out about your
award through WorkChoices Infoline (phone line) or WageNet (web site), see ‘Resource directory’. If
your employer doesn’t meet the conditions outlined by the award you can contact Job Watch for
advice, see ‘Resource directory’.

Exploitation
Exploitation includes not paying you
properly or asking you to do unpaid work
“ One day my brother went to his part-time
job and found a sign on the door saying
and unfair dismissal.
‘closed for renovation.’ He rang and they
said they were doing some work but would
Cash-in-hand
open in a week but they never re-opened.
Some employers employ workers on a
None of the workers got any money.
cash-in-hand basis. This means that you are
paid cash for the work that you do. Your
Sam, 13 ”
employer has no record of your
employment and is not meeting their legal obligations. This is against the law. It also means that it is
difficult to get help if you are treated unfairly.
There are minimum rates of pay and pay ranges for all employers in Victoria. Some workers are paid
less than others simply because they are under 21. WorkChoices or WageNet can tell you how much
you should be paid, see ‘Resource directory’.
Unpaid trial work
Unpaid trial work is when an employer gets you to work, without pay, to see if you are right for the
job. Sometimes employers blatantly get young people to do unpaid trial work as a means of free
labour to see them out over a busy period like
! Interesting facts: Easter or a long weekend. Unpaid trial work is
A Job Watch survey showed that only 13% against the law. Unpaid trial work happens in many
of people who did unpaid trial work were jobs, but it is common in sales work and in the
given a paid job at the end of it. hospitality industry.
Source: Job Watch

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Fact sheet: Getting a job

Unfair dismissal
It is against the law to sack you without the required minimum
notice or pay. It is also against the law to sack you if:
• it is for an unlawful reason, like discrimination, see

‘Discrimination’ in the ‘When things hurt’ module

• you’re dismissed in a harsh, unjust or unreasonable way.


If you are sacked for any of these reasons you may be able to
make a claim for unfair or unlawful dismissal at the Australian
Industrial Relations Commission. You must make a claim within
21 days of the date of dismissal. Contact Job Watch if you
want to discuss this option see ‘Resource directory’.
Industrial relations laws have changed. Contact Job Watch for
more information.

Discrimination and workplace violence


Discrimination, sexual harassment or workplace violence and
bullying is against the law. If these issues affect you there are

people who can help, see module ‘When things hurt’. If you think

your employer is exploiting you, contact Jobwatch for advice, see ‘Resource directory’.

Unions
Unions are organisations that represent the interests of employees who work in the same or similar
industries or jobs. For example, shop assistants are represented by the same union.
As a union member, you have a say in what the union does. You can vote on policies and issues and
you can choose representatives to protect your rights in the workplace. Your union can help you with:
• advice on work issues
• health and safety in your workplace
• protection from discrimination and harassment
• proper pay and leave entitlements
• equal opportunity and equal pay for men and women
• protecting your rights.
If you need to find out the right union for your job, contact the Australian Council of Trade Unions

(ACTU) Helpline, see ‘Resource directory’.

It is every worker’s right to join a union. It is against the law for an employer
to not employ you or sack you just because you are a union member.

What do you think of this fact sheet?


E-mail your reponse to: whatsthedeal@vla.vic.gov.au

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Resource directory

Australian Council of Trade Unions (ACTU)


Refers you to the union that represents your area of work
tel: 1300 362 223
www.actu.asn.au
Australian Industrial Relations Commission
Call for unfair dismissal application form
tel: 8661 7777
www.airc.gov.au
Australian Taxation Office
tel: 132 861
www.ato.gov.au/youth/
Centrelink
tel: 132 490 Youth and Student Services
131 021 Appointments
131 202 Multilingual Service
tty: 1800 810 586
www.centrelink.gov.au
Department of Education and Training
tel: 9637 2000
Department of Employment and Workplace Relations
WorkCoices Infoline and WageNet - Information about wages and employment conditions
tel: 1300 363 264
www.wagenet.gov.au
Department of Innovation, Industry and Regional Development
Issues Child Employment Permits
tel: 9651 9999
www.diird.vic.gov.au
Federation of Community Legal Centres
Call to find your nearest community legal centre
tel: 9654 2204
www.communitylaw.org.au/fedclc
JET
JET is a free web based employment portal focusing on apprenticeships and traineeships
www.jet.org.au
Job Network
Job Network is made up of different organisations that can help you find work
Job seekers: 136 268
www.jobnetwork.gov.au
Job Watch
Telephone advice, information, legal advice and referral for people who work
tel: 9662 1933 Advice Line 1800 331 617 (country callers)
www.job-watch.org.au
My Future
A government web site with information on career paths and opportunities, it also helps
you develop an individual career profile
www.myfuture.edu.au

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Resource directory

Australian Apprenticeships
A government site with information on apprenticeships
tel: 13 38 73
www.australianapprenticeships.gov.au
Office of the Workplace Rights Advocate
Information line
tel: 1300 882 648
Victoria Legal Aid
Youth Legal Service
350 Queen St
Melbourne 3000
tel: 9269 0407
www.legalaid.vic.gov.au
Youth Central
Check out the section on careers and employment as well as the youth jobs database
www.youthcentral.vic.gov.au
Youthlaw
At Frontyard
19 King St
Melbourne 3000
tel: 9611 2412
info@youthlaw.asn.au
www.youthlaw.asn.au

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WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
Becoming independent
Leaving home

Take a chill pill man!

Sam: Come on guys. This sux. We might


get evicted.

Sam: Moving out of home is hardly the


party it’s made out to be...my name
is on the lease. How am I gonna get
137 out of this?

WHAT’S THE DEAL? Educating young people about legal issues


Becoming independent Leaving home

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WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
Becoming independent Leaving home

Fact sheet: Leaving home

Leaving home
When you’re 17 you can leave home if you want. If you leave home before you’re 17 and someone

thinks you’re at risk of suffering significant harm, they can report the situation to the Department of

Human Services.

If the department is concerned for your safety they can ask the Family Division of the Children’s Court
to make an order to protect you. The order outlines where you will live and who you will live with.
The department is unlikely to take you to court if you:
• have somewhere decent to live
• have enough money to live on
• are mentally healthy
• are not involved with drugs, prostitution or any other illegal activities.
If there are serious problems at home, you’re unlikely to be forced to go home if you don’t want to.
The court may order that you live somewhere else, like with another family or in a residential unit with
other people your age. You can get legal advice and help, see ‘Resource directory’.

Renting
If you’re under 17 you can rent a house or a flat so long as you’re not considered to be at risk of

suffering significant harm. This means that you can take responsibility for living independently.

You usually have to sign a lease when you rent a house or apartment. This is a contract between the
property owner and the tenant/s. The lease sets out the period of time you will be renting for (usually
12 months) and the amount of rent you have to pay. Make sure you read and understand the lease
before you sign it. You should be given a booklet explaining your rights.
You also have to pay a bond. This is usually one month’s rent. You will get it back when you move out,
if you’ve paid your rent and kept the place in good condition. The owner or estate agent must send
the bond to the Residential Tenancies Bond Authority
and give you a condition report. The report
outlines what condition the place is in, which
you must sign to say you agree with it, at the
start of the lease. Check the report carefully if
you don’t agree with it, you can make changes
before you sign it.
If you damage the place the owner may keep

part or all your bond. To do this they have to

apply to the Victorian Civil and Administrative

Tribunal, Residential Tenancies List. Contact the

Tenants Union if you are in this situation. See

‘Resource directory’.

The owner is responsible for getting repairs

done to maintain the place. If you have

problems you can call the Tenants Union for


help.
If you don’t pay the rent you may be evicted. You may be able to get rent assistance if you get a
Centrelink payment. If your circumstances change or you want to move out before your lease expires
get advice from the Tenants Union. Breaking a lease is possible but it can be difficult and if you don’t
plan carefully it can also be costly.

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Fact sheet: Leaving home

Centrelink
Centrelink is a government organisation that can give you money if you don’t have an income or
financial support. There are different payments you can apply for depending on your circumstances.
These include Youth Allowance, Abstudy, Parenting Payment and Special Benefit. If you aren’t sure
whether you’re eligible for a Centrelink payment, it is always best to put in an application.

When you apply for a payment Centrelink will ask you for a lot of
information. You or a parent will have to fill out lots of detailed forms.
It is important that you read the forms carefully and fill them out
correctly. Make sure you include all requested information and that
this information is correct. If you don’t give Centrelink the right
information, or don’t tell them if your situation changes your
payments could be stopped, you might have to pay back money and
you could get in serious trouble. It is also important that you turn up
to your appointments on time. If you don’t it can be a long and
frustrating process. Sometimes it will take perseverance to get a
payment that you are eligible for.

Centrelink will assess your situation including your income and assets,
and work out if you’re entitled to financial help. They may also look at
your parent’s income and assets. If you are eligible for support the type
of payment and how much you get will depend on your circumstances.
Information on different payments types, like Youth Allowance and
Newstart, and their eligibility criteria are available on the Centrelink web
site, see ‘Resource directory’.
If you’re unemployed you can register with your local Centrelink office
even if you’re not eligible for an allowance. By registering you can use a
range of job search services, see ‘Looking for work’.
If you’re under 18 and you leave school before finishing year 12 and you
don’t plan on doing further study or training, you’re unlikely to be eligible
for a Centrelink payment. You may have to rely on your parents to
support you unless you can find work.
If you can’t live at home or stay at school or find suitable study or training
options ask to see a counsellor at your local Centrelink office to talk
about your options, see ‘Resource directory’.

Bills
Moving out of home into a shared house is when you really make the
move to becoming independent. With this independence comes financial
responsibilities like paying bills. Household bills include expenses like
food, utilities (gas, electricity and water) and the telephone. These can be
difficult to manage especially when you are sharing the costs with your
housemates.

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Fact sheet: Leaving home

To avoid financial strife it is important to establish house rules to deal with paying bills. Some share
houses choose to have a kitty, where everyone contributes a set amount of money each week to cover
food and household essentials.
Utility bills can end in messy financial disputes if

“ I couldn’t stay at home. It was just too hard.


Once I got a job I thought ok lets give it a go,
they’re not properly managed. Splitting the bills
equally is usually the fairest approach. There are
and moved out. A friend offered me a cheap some other sensible precautions you can take. Ask
your utility companies to have all your names
room in her flat
” Chris, 17
listed on the account. This means that not one
person has to deal with the responsibility of
paying the bill and everyone can discuss the account with the company. You can also choose a
payment option that will suit your budget and living arrangements.
Telephone bills can be an enormous financial burden especially when people ‘forget’ they’ve made
STD, mobile or overseas calls. It can also be the cause of conflict between housemates so it is
important you consider your options carefully. Options to consider include:
• only allowing local calls to be made from your landline
• opting for a monthly billing cycle compared to a quarterly billing cycle
• separate phone accounts for each housemate where you enter your personal code before
making a call
• having an account that only allows incoming calls.
Speak to your telecommunication company to work out what option will suit you best.
If you are having difficulties with your telecommunications or utility company, you can contact the
relevant ombudsman, see ‘Resource directory’.
If you find that you are getting into trouble with renting, bills or owing money, you can get advice and
help from Consumer Affairs, who may refer you to a financial counsellor. See ‘Resource directory’. You
can also take a look at www.understandingmoney.gov.au

What do you think of this fact sheet?


E-mail your reponse to: whatsthedeal@vla.vic.gov.au

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Resource directory

Centrelink
Call or visit the web site to find your nearest Centrelink office
tel: 132 490 Youth and Student Services
131 021 Appointments
131 202 Multilingual Service
tty: 1800 810 586
www.centrelink.gov.au
Consumer Affairs Victoria
Information and advice for consumers, on renting, credit, debt, and other issues
tel: 1300 558 181 (helpline)
www.consumer.vic.gov.au
Energy and Water Ombudsman (Victoria)
tel: 1800 500 509 (toll free)
www.ewov.com.au
Lawstuff
A web site with information and e-mail service about legal issues
www.lawstuff.org.au
Melbourne Youth Support Services @ Frontyard Youth Services
Can help you find short-term emergency accommodation
tel: 1800 800 531 (free call landlines only) or 9614 3688 (evenings and weekends)
Telecommunication Industry Ombudsman
tel: 1800 062 058 (toll free)
www.tio.com.au
Tenants Union of Victoria
tel: 9416 2577
www.tuv.org.au
Victoria Legal Aid
Youth Legal Service
350 Queen St
Melbourne 3000
tel: 9269 0407
www.legalaid.vic.gov.au
Youth Affairs Council of Victoria
Is an independent organisation that advocates policy on young people's issues in
Victoria. The web site has an excellent fact sheet titled ‘Shared household costs’
that outlines how to deal with the nitty gritty of splitting bills
tel: 9612 8999
www.yacvic.org.au
Youthlaw
At Frontyard
19 King St
Melbourne 3000
tel: 9611 2412
info@youthlaw.asn.au
www.youthlaw.asn.au

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Becoming independent
Activities

> Information and communications technology (ICT)

> Thinking processes

> Communication

> Design, creativity and technology

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WHAT’S THE DEAL? Educating young people about legal issues


Becoming independent Activities

Activity: Think-pair-share

Think about the following scenarios and discuss your ideas in pairs before writing
responses to the questions.
Join another pair to discuss your answers before choosing a group member to report
back to the bigger group.

b. Cash-in-hand
Zoe is 15 and has a job at the local café. Her hours are long and conditions bad. She is paid
cash-in-hand and stays in the job because she needs the money. Zoe is injured at work when
she slips in the kitchen on the greasy floor. The boss tells her it is her fault and not to bother
coming back to work...

� What are the legal issues in this situation?


� Will Work Cover compensate Zoe?
� Where can Zoe go to for help?

b. Fair trial?
Franco who is 17, answers a job ad in the local paper for trial work at a local cafe. At the
interview the boss says she wants to see how he works over a long weekend. At the end of the
weekend he’s told he is not the right person for the job. When he asks for pay he is told it was
unpaid trial work...

� Is this legal?
� What are Franco’s rights?
� Where should Franco go for help?

c. Share nightmare
Kadir is 17 and is doing his VCE as well as working part-time job at the local café as a kitchen
hand. He decides to move into a shared household with three other young people. Kadir’s
income is not enough to pay the bills like rent, gas and electricity, not to mention food and
transport costs. When rent is due Kadir asks his flat mate Mohamed, to pay his share.
Mohamed says he cannot afford to lend Kadir money to pay his share of the bills and tells Kadir
if he cannot pay his share he has to leave. A friend suggests that he should apply for Youth
Allowance for extra income...

� Is Kadir entitled to get any Centrelink benefits?


� Can Kadir be evicted for not paying his share of the rent?
� Where can he go to for help?

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Becoming independent Activities

Activity: Acting-up

In small groups choose one of the following three stories:

a. ‘Too young to move out?’ b. ‘Shafted’ c. ‘Reading the fine print’


Choose one of the following two activities:
� Construct an ending for the story and devise a role-play to perform to your group.
� Discuss the scenario and then answer the questions that follow. Choose one person to

present the scenario and questions to the group.

a. Too young to move out?


Molly 17 has left school and works full-time as an apprentice hairdresser. Molly wants to leave
home and move in with her boyfriend who is 19 who also works full-time. Molly and her partner
start looking at flats to rent and find one they both like and can afford. They speak to the estate
agent who says Molly is too young to sign a lease...

� Is Molly too young to sign a lease?


� What are Molly’s rights?
� Where can Molly go to for help?

b. Shafted
Zana 16 works casually at the local supermarket. After working there for 11 months her manager
tells her there is not enough work and she’s laid off. The next day she finds out that Jemima her
friend has just got a job at the supermarket...

� What are Zana’s rights?


� What action should Zana take?
� Where can Zana go to for help?

c. Reading the fine print


Carlo 16 has a job as a panel beater. His boss asked him to sign a contract after he’d worked
there for a week and told him he’d be well looked after. He signed the contract without reading it
as his boss said he was in a hurry and if he didn’t sign then there would be plenty of other boys
interested in the job.
Carlo worked hard to earn his boss’s respect. Months went by smoothly until Carlo got sick and
took three days off work. Carlo expected to be paid sick leave but wasn’t. He asked his boss why
he wasn’t paid and his boss said he wasn’t entitled to any sick leave for 12 months, as outlined in
the contract. Carlo then read the contract and saw there was a clause in it saying he was not
entitled to sick leave or recreation leave...

� Is Carlo entitled to sick leave and recreational leave?


� Is the contract valid?
� Where should Carlo go for help?

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Becoming independent Activities

Activity: Gettin’ your own pad

You’re about to spread your wings and get your own pad with one of your mates.
With the mate that you’re going to move in with, design an action plan outlining
the steps you need to take to get organised.

Your action plan will need to include:


� finding a pad
� preparing to sign a lease
� setting up utility accounts
� setting up telephone account
� source of income
� managing shared expenses
� back-up plan if things don’t work out.

� Develop a concept map to help you make links between different parts of your action
plan. You can use butcher’s paper or a software application like Inspiration. Put
‘Moving Out’ at the centre of your concept map.
Around the circle write up key topics that you need to consider and draw circles
around those. Brainstorm considerations under each of these key areas and draw links
to connect ideas.
� Put your concept map on a wiki to help direct your research for the action plan.
Allocate topics for you and your housemate to research. Structure your wiki so that
you have a separate section for each topic. Write up your research under each topic.
You will need to present your wiki as evidence of your research.
You will also need to develop your research into an action plan that you will present to
the group as a data presentation.

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Becoming independent Activities

Activity: The independence kit

Working in small groups research, design and publish an independence kit in the
form of booklet, web site, wiki, PowerPoint, game, e-zine, video or Flash
presentation. The aim of the kit is to help young people who want to get a job
or move out of home. Use the fact sheets and the resource directories in this
module as a starting point.

� Research and analyse two other examples that utilise the same medium that you

have chosen. For example, if you’re going to present your kit in the form of a wiki,

you will need to research and analyse two different examples of wiki in relation to

content, style and audience.

� Based on your research and analysis, brainstorm features you will include in your kit
in relation to content, style and audience. For example, what information do you
think is important to include? What style will inform the design of your kit? What
style of language will you use? How will you engage the audience?
� Plan your project’s scope and focus. Identify what the key issues are that you need
to consider and how much information to include.
� Develop, produce and publish your project.

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Becoming independent Activities

Activity: Blog it!

Write an online blog or vog about your experience when you first move out of
home or start your first job. This can be fictitious or you can draw on your own
personal experiences.
You can register your blog or vog at www.blogspot.com

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Becoming independent Activities

Activity: Dispute resolution

Imagine you’re in a difficult situation in your new share house. You have got your
first telephone bill which is for the last three months. The bill is more than you
expected and certainly more than you can all afford.
Everything had been going smoothly but overnight your share house has become
a nightmare. No one owns up to the expensive long distance and mobile phone
calls. Conversation has dissolved into tit for tat or one person’s word against
another. All your names are on the utility bill and you have signed a 12-month
lease together. The best option is to resolve the conflict.

� Form a group of four to five people for a house meeting and outline the steps that you will
take to resolve this dispute.
� Construct a plan of house rules and strategies to prevent messy disputes occurring in

the future.

� As a group present your strategy to the bigger group.

Issue Rules Strategies


(eg.) phone bill everyone keeps track of STD - monthly bill cycle
and overseas calls - barr 1900 and mobile calls

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Becoming independent Activities

Activity: Articulate

Articulate means to explain something. In this context it means explaining the


words listed in the glossary as best you can and, at the end, checking your answers.
� To play the game you will need to pair up and join with another pair to create a group
of four. Copy a set of the articulate cards below. Ask one person from the other pair to
act as a timer.

Set up your score sheet on a piece of paper:

Pip and Bill’s team Gus and Penny’s team


111 1111

� Hammer scissor rock to decide which pair goes first. One person from
the winning pair takes a card and has to explain the word on that card
to their partner in one minute without using any derivative of the word. For
example, if the word was ‘consent’ you couldn’t say the first part of the word is
‘con’ and the second part of the word is ‘sent’. You need to find some other way to
describe the word.
� The other team keeps track of the time using the timer. If the team with the card
successfully explains the word within one minute then that team gets a point. If you
get a card with a word on it that you don’t know then you don’t get a point.
� The team with the most points, when you’ve gone through all the cards, wins.


Blog Federal Award Tax file number

Bond Tenant Vog

De facto HELP Wiki


(Higher Education Loan Programme)

Evicted Lease

Ezine Pay As You Go (PAYG)

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WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
Becoming independent Activities

Activity: Word match

Match the glossary terms with their correct descriptions.

A. De facto E. Wiki I. Ezine M. HELP (Higher Education


Loan Programme)
B. Pay As You Go (PAYG) F. Bond J. Lease
C. Tax file number G. Federal Award K. Vog
D. Blog H. Tenant L. Evicted

Thrown out of where you live because you have broken your contract.

A person who rents a property rather than owns it.

Used to ‘declare’ your tax file number, usually for a payer such as an employer or
Centrelink. Financial institutions, such as banks, can also ask for your tax file number.

A web application that allows users to add content, as on an internet forum, but also
allows anyone to edit the content. Also refers to the collaborative software used to
create such a web site.

A legal document governing the wages and conditions of employment for certain
categories of work.

A web application presented as a webpage consisting of posted entries that are date
stamped. Can be in the form of individual diaries, or creative collaborations. They can
be written by individuals or developed by a group of writers. Allows visitors to leave
public comments, which can lead to a community of readers.

In reality. For example, two people living in a married like relationship without actually
being married.

A blog that incorporates video and other media applications.

Money paid by the tenant, at the start of the lease, as security in case of damage to
property or non-payment of rent.

A periodic publication distributed by e-mail or posted on a web site. They are typically
tightly focused on a subject area.

A legal document between a property owner and a tenant for the rental of a property.

A system that means that you pay your tax as you earn income during the year, rather
than having a bill at the end of the year.

Commonwealth loans to help students pay their higher education fees and to study
overseas.

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Becoming independent Glossary

Glossary

Blog: A web application presented as a webpage consisting of posted entries that are date stamped. Blogs can be
in the form of individual diaries, or creative collaborations. They can be written by individuals or developed by a
group of writers. Blogs allow visitors to leave public comments, which can lead to a community of readers
centred around the blog.

Bond: Money paid by the tenant, at the start of the lease, as security in case of damage to property or non­
payment of rent.

De facto: In reality. For example, two people living in a married like relationship without actually being married.

Evicted: Thrown out of where you live because you have broken your contract.

Ezine: An Ezine is a periodic publication distributed by e-mail or posted on a web site. They are typically tightly
focused on a subject area. Ezines are a reworking of the popular magazine format of monthly or weekly topical
publications, in an electronic format.

Federal Award: A legal document governing the wages and conditions of employment for certain categories
of work.

Tenant: A person who rents a property rather than owns it.

HELP (Higher Education Loan Programme): HELP offers Commonwealth loans to help students pay their
higher education fees and to study overseas. If the Commonwealth lends you money under this scheme you will
have a HELP debt. This means that when you start earning a salary above the minimum threshold you must
make compulsory repayment.

Lease: A legal document between a property owner and a tenant for the rental of a property.

Pay As You Go (PAYG): The pay as you go system means that you pay your tax as you earn income during the
year, rather than having a bill at the end of the year.

Tax file number (TFN) declaration form: Used to ‘declare’ your tax file number, usually for a payer such as an
employer or Centrelink. Financial institutions, such as banks, can also ask for your tax file number.

Vog: Or vlog is a blog that incorporates video and other media applications.

Wiki: A web application that allows users to add content, as on an internet forum, but also allows anyone to edit
the content. Wiki also refers to the collaborative software used to create such a web site.

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Becoming independent
Curriculum mapping

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WHAT’S THE DEAL? Educating young people about legal issues


154
The following tables map activities in this module to Victorian Essential Learning Standards: Level 6.

For more information about how this curriculum mapping works see ‘Educators’ notes’ at the beginning of the kit.

Strand - Interdisciplinary learning


Domain Information & communications technology (ICT) Thinking processes Communication Design, creativity and technology
Dimension Reasoning, Reflection, Listening,
ICT for visual ICT for ICT for processing and evaluation and viewing and Analysing and
thinking creating communicating inquiry Creativity metacognition responding Presenting Investigating Producing evaluating
Think-pair-share - - - • • - • • - - -
Acting-up - - - • • - • • - - -
Gettin’ your own pad - • - • • • • • - - -
The independence kit - • - • • • • - • • -
Curriculum mapping

Blog it! - • • • • - • - • • -
Dispute resolution - - - • • • • • - - -
Articulate - - - • • - • • - - -
Word match - - - - - - - - - - -

WHAT’S THE DEAL? Educating young people about legal issues


Interdisciplinary learning key
These icons are designed to help you quickly identify activities that incorporate one or more of the four interdisciplinary domains.

Information and communications technology (ICT) Thinking processes Communication Design, creativity and technology
Becoming independent
Curriculum mapping

Victoria Legal Aid


Youthlaw
155

Strand - Physical, personal and social learning
Domain Health and physical education Interpersonal development Personal learning Civics and citizenship
Dimension Health Managing Civic
Movement and
knowledge and Building social Working in The individual personal knowledge and Community
physical activity
promotion relationships teams learner learning understanding engagement
Think-pair-share -
• • • • • • •
Acting-up -
• • • • • • •
Gettin’ your own pad -
• • • • • • •
The independence kit -
• • • • • • •
Blog it! -
• • • • • • •
Dispute resolution -
• • • • • • •
Curriculum mapping

Articulate -
• • • • • • •
Word match -
• - - - - - -

Strand - Discipline based learning


Domain The Arts English Humanities LOTE Mathematics Science

WHAT’S THE DEAL? Educating young people about legal issues


Dimension Creating Speaking
and making Reading Writing and listening – – – –
Think-pair-share - • • • - - - -
Acting-up • • - • - - - -
Gettin’ your own pad - • • • - - • -
The independence kit - • • - - - - -
Blog it! - • • - - - - -
Becoming independent

Dispute resolution - - • • - - - -
Articulate - • - • - - - -
Word match - - - - - - - -
Curriculum mapping

Victoria Legal Aid


Youthlaw
Becoming independent

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WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
What’s the deal? Evaluation

What’s the deal? - Evaluation

Thanks for using this kit. Please take ten minutes to fill in this evaluation. Your
feedback is important to us and will help us improve the kit in the future.

1. Are you a: � Teacher � Community educator � Other

� Authority � When things hurt � My body � Becoming independent


2. Which module/s did you use?

3. Describe how you used the kit:

4. What was it like to use? Fantastic � � � � � Not useful

5. How old were the young people you used it with?

6. How did you use the fact sheets?

7. Did the tone and language of the fact sheets suit your group? � Yes � No If not, why?

8. Did you give your group the resource directory? � Yes � No If not, why?

9. What did you like best about the kit and why?

10. What did you like least about the kit and why?

11. Which activities worked well, which ones didn’t and explain why:

12. Did you use the curriculum mapping? � Yes � No If not, why?

13. How helpful was the curriculum mapping? Fantastic � � � � � Not useful

Thanks. Fax this evaluation to 9269 0381 or mail it to CCE section,


Victoria Legal Aid, 350 Queen St, Melbourne, VIC 3000.

WHAT’S THE DEAL? Educating young people about legal issues Victoria Legal Aid Youthlaw
Victoria Legal Aid Youthlaw
350 Queen Street At Frontyard
Melbourne 3000 19 King Street
tel: 9269 0234 country callers: 1800 677 402 Melbourne 3000
www.legalaid.vic.gov.au tel: 9611 2412
www.youthlaw.asn.au WTD-CL-ENG-0107

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