Nature of Legal Capacity

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Last updated 10:42 AM on 5/12/26
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11 Terms

1
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What is legal capacity?

Legal capacity is a person’s ability to have legal rights and responsibilities and to make legally recognised decisions.

2
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Why do laws set age limits of rights and responsibilities?

Laws use age limits because children and young people are considered to still be developing maturity and judgement.

3
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What is the age of criminal responsibility in Australia?

10 years old

4
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What happens between ages 10-14 in criminal law?

The principle of doli incapax may apply, meaning the prosecution must prove the child understood their actions were seriously wrong, not just naughty.

5
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At what age can a person get a learner drivers licence in most Australian states?

16

6
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At what age can a person vote in Australia?

18

7
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At what age is jury duty compulsory in Australia?

18

8
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At what age can a person legally sign most contracts independently?

18

9
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At what age can a person buy alcohol and cigarettes in Australia?

18

10
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At what age can a person marry in Australia without court approval?

18

11
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In limited circumstances, at what age can a person marry with court and parental consent?

16