Age in the Laws of Solomon Islands
“AGE IN THE LAWS OF SOLOMON ISLANDS” is an exercise that has provided excellent information for legal education.The exercise highlights the laws providing for the legal age at which one may be entitled to something or be required to do something. It highlights the laws which require someone’s birth to be registered (whether born into a family or adopted); provides for the compulsory school age; the legal age one can be adopted; to be entitled to support and maintenance from a legal parent, and employment. Also relevant are the laws providing for the age one can legally drive a vehicle; the legal age where one doesn’t commit an offence in buying alcohol or tobacco; and the legal age to marry whether a male or female.
Table: Age and Law
| Brief on the ‘Age and Law’ | Age(Years) | Legal Age Threshold | Act | Provision |
| At birth, a baby must be registered with the Civil Registrar under the Births and Deaths (Registration) Act (Cap. 168). | 0 | Births of child | Births and Deaths (Registration) Act (Cap. 168) | Sections 9 & 12 |
| For all matters relating to “child and family welfare” under the Child and Family Welfare Act 2017, a child is a person from birth to 18 years of age. | 0-18 | child | Child and Family Welfare Act 2017 | Section 2 |
| At 6 years old, the Education Act 2023 says the child must be at school, as 6 years is the compulsory school age. | 6 | Compulsory school age | Education Act 2023 | Section 3 |
| At 8 years old and younger, the Penal Code says a person is not criminally responsible for an act or omission. | 8 | Age of culpability | Penal Code (Cap. 26) | Section 14 |
| At 12 years old also, under the Penal Code (Cap.26) one is not criminally responsible for an act or omission, unless it is proven he had capacity otherwise. | 12 | Criminal responsibility | Penal Code (Cap. 26) | Section 14 |
| If you wish to adopt a child – the Adoption Act 2004 says that one may adopt a child 12 years and younger with the consent of the parents, but if the child to be adopted is above 12 years, the child’s consent is required. | 12 | Adoption | Adoption Act 2004 | Section 6 |
| When it comes to employment, employing a child 12 years or below is prohibited under the Labour Act (Cap.73). However, this does not apply where the child is with a parent doing light work on agricultural, domestic work, approved by the Commissioner. | Under 12 | Employment | Labour Act (Cap. 73) | Section 46 |
| For the purposes of the Juvenile Offender Act (Cap.14), a “child” is a person under 14 years, whereas a “juvenile” is a person between 14 and 18 years of age. The Court proceedings are provided for in this context. | 14-18 | Juvenile Courts, young person | Juvenile Offender Act (Cap. 14) | Sections 2 & 4 |
| At under 15 years of age, the Labour Act (Cap. 73) says that a person shall not be employed in an industrial undertaking or on a ship. | Under 15 | Employment – shall not be employed for work | Labour Act (Cap. 73) | Section 47 |
| A person under 16 cannot be employed underground in any mine. The exception to this rule is if the person is a male, is 16 years old, & has a medical certificate of fitness. Otherwise, the official year of employment under the Labour Act (Cap. 73) is 18 years old. | Under 16 | Shall not be employed under ground | Labour Act (Cap. 73) | Sections 48 & 49 |
| At what age can an islander marry? The Islanders Marriage Act (Cap.171) says – a person may marry at 18, but if one wishes to marry at between age 15 to 18, a parent’s consent is required. | 15 | Marriage | Islanders Marriage Act (Cap. 171) | Section 10(1) |
| Persons between the ages 16-35 years old, under the National Provident Fund (Cap. 109) may make voluntary contributions, and they will be treated as if you were an employee. | 16-35 | Voluntary contributions | Solomon Islands National Provident Fund (Cap. 109) | Section 18 |
| A person under 21 can be a member of a trade union, but under 16 years old, he cannot execute any instruments of the trade union. | Under 16 | Membership of minors | Trade Unions Act (Cap. 76) | Section 28 |
| If a person is under 16 years of age and in need of care, protection or control, under the Magistrates Court Act (Cap. 40) the Court may make an order committing him to the care of a fit willing person. | Under 16 | Committed to the care of another | Magistrates Court Act (Cap. 40) | Section 29 |
| At what age can a person drive a motor vehicle? Under the Road Transport Act (Cap. 131), a person can drive a motor cycle from age 16, a private motor car or light goods vehicle at 17, any motor vehicle at 18 and a public service vehicle (e.g. buses) at 21. | 16 17 | Driving a vehicle | Road Transport Act (Cap. 131) | Section 42 |
| For voting matters - A person is entitled to be pre-registered as an elector in a constituency if the person is 17 years of age; under the Electoral Act 2018 | 17 | Right to pre-registration | Electoral Act 2018 | Section 53 |
| At what age can one buy a phone SIM-Card? Under the Telecommunications Act 2009 – a person 18 upwards may do so, but if between 15 to 18, the person will need to provide other required identity requirements. | 15-18 | SIM-card | Telecommunications Act 2009 (No. 20 of 2009) | Section 78C(1)(b) |
| A person who is under 18 years is not eligible to be registered as a valuer. (Alternatively: ≥18 years – eligible to be registered as a valuer.) | Under 18 | Valuer | Valuers Act 2009 | Section 12(b) |
| Eligible to vote in the national general elections, Provincial and HCC elections. | 18 | Right to vote | Electoral Act 2018 & Provincial Assemblies and Honiara City Council Electoral Act 2023 | Sections 7 & 57 |
| A foreigner residing in Solomon Islands or a Solomon Islander who had lost or renounced their Solomon Islands citizenship is eligible to apply for citizenship. | 18 | Eligibility for citizenship | Citizenship Act 2018 | Section 14 |
| Sale of tobacco products to a child is prohibited. (Alternatively: Now legally allowed to purchase tobacco products.) | Under 18 | Cannot buy smokes – Offence to cause under 18 to buy smokes | Tobacco Control Act 2010 | Section 2 & 13 |
| Can devise, bequeath or dispose property in a will. | 18 | To devise property in a will | Wills, Probate and Administration Act (Cap. 33) | Section 4 |
| For an infant or person under a disability who is the sole executor of a will, administration of the will shall be by a guardian appointed by the court or by the Public Trustee until he attains 18 years of age. | 18 | Entitlement to property under grants | Wills, Probate and Administration Act (Cap. 33) | Section 39 |
| Eligible to apply for membership of a political party. | 18 | Member of a political party | Political Parties Integrity Act 2014 – Political Parties Integrity Regulations 2014 | Regulations 27(2)(a) |
| A person over the age of 18 years who cares for the vulnerable person (a child or a person with a cognitive impairment) may apply for a protection order. Seek help from the police at 999/23666, call Seif Ples at 132 for assistance, or seek help from the Family Support Centre if you or someone you know is experiencing violence at home. | 18 | Apply for a protection order | Family Protection Act 2014 (No. 15 of 2014) | Section 20(c) |
| For licences issued under the Firearms and Ammunition Act, you only legally entitled to hold a licence when you reach 21 years | 21 | Firearm licence | Firearms and Ammunition Act (Cap. 80) | Section 27(2) |
| Under our electoral laws, you may nominate a candidate when you reach 21 years old | 21 | Nominate a candidate | Provincial Assemblies and Honiara City Council Election Regulations 2024 (LN No. 13, 2024) | Schedule |
| You are legally entitled to purchase alcohol when you reach 21 years of age | 21 | Allowed to purchase alcohol | Liquor Act (Cap. 144) | Section 72 |
| Under our adoption Act if you want to adopt a child who is related to you, you can when you reach 21 years of age | 21 | Adopt (relative) | Adoption Act 2004 | Section 4 |
| Under the same Act if you want to adopt a child who is not related to you, you may when you reach 25 years of age | 25 | Adopt | Adoption Act 2004 | Section 4 |
| Under the Lands and Titles Act, a person is presumed to be 21 when involved in any transactions concerning any interest under this Act | 21 | Presumption in age of parties | Land and Titles Act (Cap. 133) | Section 251 |
| You are qualified for elections when you reach 21 | 21 | Member of parliament | Constitution of Solomon Islands 1978 | Section 48(b) |
| For the purposes of the Solomon Islands National Provident Act (Cap.108) the retirement age is 40. | 40 | Retirement age | Solomon Islands National Provident Fund (Cap. 108) | Section 2 |
| Under the same Act, the Solomon Islands National Provident Act (Cap.108) also, you can withdraw your entitlement contribution from the National Provident Fund at age 50. | 50 | Withdraw contribution | Solomon Islands National Provident Fund (Cap. 108) | Section 2 |
| For teachers, under the Education Act 2023, the retirement age is 55. | 55 | Age for teacher retirement | Education Act 2023 – Education Regulations 2024 (No. 30, 2024) | Regulations 19(1) |
| Under the Constitution of Sol Island, certain public officers vacate offices at age 55 under the Constitution of Solomon Islands. | 55 | Certain public officers retire. (NB: Auditor-General, DPP, CEO, Public Solicitor and Police.) | Constitution of Solomon Islands 1978 | Section 129(2) |
| At age 55 also, a person is entitled to be granted their pension, gratuity and allowances under the Pension Act (Cap.107). | 55 | Pension | Pensions Act (Cap. 107) | Section 8 |
| Under the Constitution a Judge of the High Court or a Judge of the Court of Appeal shall hold office until he or she attains the age of seventy years. | 70 | Judge of HC and CA – 70 years | Constitution of Solomon Islands 1978 | Sections 80(1), 80(2), 80(2A), 87(1), 87(2), and 87(2A) |
DISCLAIMER
The “Age in the Laws of Solomon Islands” exercise by no means is intended to provide legal advice. If you wish to use any of the content in this exercise, you will need to rely on that particular law, or relevant law.