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related
Profiles:


Age
Verification


Human
Rights


Passports,
Travel,
Nations


Forgery &
Forensics


Surveillance

Biometrics













section heading icon     age

This page considers 'age' as an identity and as an area of identity crime.

It covers -

A discussion of age verification schemes and issues is here.

subsection heading icon     introduction


It is a commonplace that much social sorting is based on categories of gender, class, ethnicity and age. In everyday life much social interraction is founded on notions of 'childhood' (or childhood and young adulthood), adulthood and 'old age'.

The difference of a year or two can fundamentally affect access to services and entitlements (eg the 'old age pension', 'child support' payments - explored in the following page - or concessional travel for 'seniors' and 'youth' on the basis of age rather than economic need).

Just as fundamentally, age is a key identity in law. It affects expectations of responsibility. It also shapes opportunity, for example whether a person is allowed to gain a driver licence, to vote, to buy alcohol or to enter particular premises such as nightclubs. It is reflected in age discrimination, potentially affecting both young and old employees or job seekers

As a result age is an identity that some people seek to subvert. Subversion is diverse; it is more complex than young people seeking to gain access to nightclubs by editing 'proof of age' cards or improperly claiming concessional fares when they have reached the magic 12, 16 or 18 year mark.

subsection heading icon     age, identity and law

It has thus been suggested that Australian law fundamentally sorts people into four categories.

The first two differentiate between those people with full legal rights and those whose rights are restricted (eg prison inmates and non-citizens, illustrated through detention and deportation under the Migration Act 1958 (Cth)). The third and fourth categories differentiate between people with requisite mental capacity and those lacking the capacity (and, by extension, legal autonomy), of whom a substantial number are children – an identity based on age, for which see Criminal Code 2002 (ACT) ss 25-29 and the Age of Majority Act 1974 (ACT) here.

The 18th birthday confers identity as a voter under the Commonwealth Electoral Act 1918 (Cth) s 93. It also identifies the consumer as one to whom retailers are legally entitled, under the Liquor Act 1975 (ACT) s 152 and Tobacco Act 1927 (ACT) s 14, to sell alcohol or cigarettes.

The 16th birthday under the Crimes Act 1900 (ACT) s 55 broadly confers identity as someone with whom one can legally engage in consensual sexual activity. In Tasmania the same identity begins at 17 under the Criminal Code Act 1924 (Tas) s 13 (124).

That identity may be subject to a partner being the appropriate gender (‘appropriateness’ being a social and thence legal construct), with Western Australia and Queensland for example – until recently – recognising identity in respect of gay sexual activity three years after that of straight peers (ie not until the age of 21 in Western Australia).

The North Korean Gymnastics Federation listed Kim Gwang Suk as being 16 at the 1991 gymnastics world championships. She was claimed to be 15 for three consecutive years; the Federation was later barred from the 1993 world championships for falsifying ages.






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version of July 2008
© Bruce Arnold
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