RELATIONS BETWEEN LEVELS of government and between government and citizens are regulated by public law. In public law, cases are brought by the state against citizens, or by citizens against the state, when either has not met their public law duties. Although the historical distinction between public and private law is now blurred, as is the distinction between state and private entities, it is still useful for setting the parameters of this chapter. This chapter considers statutory law concerning public order and offences against the state. Human service actors are potentially subject to public law of general application in society.

CRIMINAL LAW

In every jurisdiction in Australia, common law and legislation designate as offences certain commissions, omissions and states, generally accompanied by mental intention (mens rea), or recklessness or criminal negligence. Human service workers (and sometimes agencies) who engage in conduct proscribed by this law (eg dishonesty, causing death, physical violence, sexual contact, drug activity, corruption in public office) may find themselves the subject of charges prosecuted by the state.

Although criminal laws apply generally in society, increasingly they include special provisions for people in positions of trust, such as human service workers. For example, s 49 (5) and (6) of the Criminal Law Consolidation Act 1935 (SA) make it an offence, and allow for imprisonment for 10 years, for guardians and teachers to have sexual intercourse with a person under 18 years of age, or for anyone to have sexual intercourse knowingly with someone who has an intellectual disability, such that they cannot understand the consequences of sexual intercourse.