A legal limbo for children making contracts By Jane Sanders Jane Sanders is the principal solicitor of the Shopfront Youth Legal Centre in Darlinghurst, and a member of the Law Society's Children's Legal Issues Committee. The concept of children's rights has advanced considerably in recent years. This is reflected in the United Nations Convention of the Rights of the Child , which was ratified by Australia in 1990. The law has increasingly recognised children's capacity to make informed decisions and their right to express their views on issues that affect them. Despite this, it seems that children are still in legal limbo where contracts and civil law are concerned.
Misconceptions abound as to the capacity of children to enter contracts and to enforce their rights.
The Law Society's Children's Legal Issues Committee is currently exploring the legal and practical difficulties faced by children in this area. Others require parents to guarantee their children's leases, which is unlawful under the Residential Tenancies Act 1987 . A topical example of this is mobile phone contracts, which were recently the subject of an extensive report by the Victorian Communications Law Centre. Young people are often induced to enter these contracts with the promise of a free phone and a very low initial payment, but their continuing obligations may not be adequately explained. Social security benefits Children on benefits are expected to understand and comply with a complex set of rules laid down by Centrelink.