The Family Act Law 1975 section 61B and 61C states that in the absence of court orders to the contrary, ‘each parents of a child under the age of 18 years is a guardian of the child, and the parents have joint responsibility for the child’ (Australian Government, 2015). This means that parents have the right to determine the child’s upbringing and education, to discipline the child (including reasonable corporal punishment), consent to the child’s adoption, and take legal proceedings on …show more content…
A child will be arrested if he or she are to be charged with murder, an offence that can be punished with imprisonment for 25 years or so, serious drug offences, serious sexual assault offences, assault with intention to have sexual intercourse, and serious firearms offences’ (NSW Polie Force Initiative, 2016). A child can be also arrested for other offences where police reasonably believe that the child did not turn up to the court, commit further offences, and that the child should be in police custody because of his or her violent behaviour. Whichever court the child go to, the court must consider special legal principles relating to the sentencing of children before it makes any decision about penalty. Nonetheless, the Family Law Act 1975 makes clear that both parents are responsible for the care and welfare of their children until the children reach 18, and there is a presumption that arrangements which involve shared responsibilities between the parents are in best interest of the