Child
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CommunityMarketing Research and Data Analysis
Australia
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Age of consent laws in Australia
CFCA resource sheet | tinyurl.com/2wmc8k8h
Information for children and young people
This reference guide is for professionals in the child, family and community welfare sector. If you are a
child or young person who wants to learn more about sex, consent and respectful relationships, see the
following websites:
• ReachOut (au.reachout.com/relationships) has information on sex and relationships for young people.
• Kids Helpline (kidshelpline.com.au/teens/issues/what-consent) provides information for young people
about what consent means when engaging in sexual activity.
• 1800RESPECT (1800respect.org.au/violence-and-abuse/sexual-assault-and-violence/consent) provides
information about what age of consent means, what healthy relationships look like and what sexual violence
looks like. It also provides a national sexual assault, domestic and family violence counselling service.
• Youth Law Australia (yla.org.au) provides free, confdential legal information and help for young people
under 25 years, including information about age of consent laws for your state or territory.
If you require assistance or would like to talk to a trained professional about the issues described in this
reference guide, please call Kids Helpline (kidshelp.com.au) on 1800 55 1800 or Lifeline (lifeline.org.au)
on 13 11 14.
If you believe a child or young person is in immediate danger, call Police on 000.
This document is provided as a guide only. Information is current up to the date of publication. Individuals
are encouraged to check the currency of any information that is provided by contacting relevant
departments or organisations.
Age of consent laws in Australia
CFCA Resource sheet — May 2021
Child Family
Community Australia
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Age of consent laws in Australia
CFCA resource sheet | tinyurl.com/2wmc8k8h
Overview
This reference guide provides information for professionals in the child, family and community welfare sector about
age of consent laws in Australia. Age of consent laws attempt to strike a balance between protecting children
and young people from exploitation and other harms and preserving their right to privacy and healthy sexual
development. Young people at the age of consent are viewed by law to have general sexual competence to enforce
personal boundaries and negotiate the risks involved in sexual activities. When an adult engages in sexual
behaviour with someone below the age of consent, they are committing a criminal offence (child sexual abuse).
This reference guide outlines how consent is legally defned and why age of consent laws are needed to help
protect children and young people from sexual exploitation and abuse. It then summarises age of consent laws
by state and territory jurisdiction. It also answers common questions from professionals in the child, family and
community welfare sector on related issues, including reporting, responding to disclosures, laws for those in
supervisory roles, developmentally appropriate sexual behaviours, and digital technology.
Age of consent laws cannot be considered in isolation from other laws concerning issues such as sexual
assault and child sexual abuse. For more information about the legislation concerning sexual assault and
child sexual abuse, see Brief Review of Contemporary Sexual Offence and Child Sexual Abuse Legislation in
Australia: 2015 Update (Boxall & Fuller, 2016) (www.aic.gov.au/publications/special/special-9), and the
Royal Commission into Institutional Responses to Child Sexual Abuse’s criminal justice fact sheets
(childabuseroyalcommission.gov.au/criminal-justice). For more information about preventing child sexual
abuse, see Conceptualising the Prevention of Child Sexual Abuse report (Quadara, Nagy, Higgins, & Siegel,
2015) (aifs.gov.au/publications/conceptualising-prevention-child-sexual-abuse).
Legal defnitions of consent
Legal defnitions of consent vary between Australian state and territory jurisdictions (see Table 1 for links to the
legislation). Consent is an individual’s free agreement to participate in an activity. Consent can only be given if it
is free and voluntary, without fear, coercion, intimidation or anything else that inhibits free agreement (Australian
Law Reform Commission, 2010; Powell, 2010). Consent also needs to be actively communicated in order to
establish a free agreement (Fileborn, 2011; Powell, 2010); this is known as ‘positive consent’ (Fileborn, 2011). It is
not enough to say that an individual consented just because they did not refuse or resist.
Table 1: Legal defnitions of consent

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Age of consent laws in Australia
CFCA resource sheet | tinyurl.com/2wmc8k8h
Why do age of consent laws exist?
Age of consent laws are designed to protect children and young people from sexual exploitation and abuse from
adults and older young people. Such laws determine that children and young people below the age of consent
are yet to reach a level of general maturity enabling their safe participation in sexual activities.
In relation to sexual abuse laws in each state and territory, the key difference between child sexual assault and
adult sexual assault is that adult sexual assault is based on the absence of sexual consent, whereas in child sexual
assault, a child does not have the decision-making capacity to give consent according to law. Therefore, all sexual
interactions between an adult (or where a person is in a position of care supervision and authority) and a person
under the age of consent are considered abusive (Barbaree & Marshall, 2006).
What is the legal age of consent in Australian jurisdictions?
The legal age for consensual sex varies between 16 and 17 years across Australian state and territory jurisdictions
(see Table 2). For other sexual activities, the criminal legislation relating to different types of sexual behaviours
and interactions varies across Australian jurisdictions.
Table 2: Age of consent laws

Common questions
How do I report suspected child abuse and respond to disclosures?
Is it legal for someone in a supervisory role to have sexual interactions with a 16 or 17 year old under their
special care?
What if both parties are under the age of consent or of similar age?
Can children and young people send each other nude images?
What supports professionals in identifying and responding to sexual behaviours among children and young people?
How do I report suspected child abuse and respond to disclosures?
In Australia, state and territory governments are responsible for receiving reports of suspected child abuse and
neglect from members of the public. Reporting child abuse and neglect is a community-wide responsibility.
Anyone who suspects, on reasonable grounds, that a child or young person is at risk of being abused and/or
neglected should report it to the reporting authority in their state or territory. Further information on reporting
child abuse and neglect can be found in the CFCA Resource Sheet: Reporting Child Abuse and Neglect
(aifs.gov.au/cfca/publications/cfca-resource-sheet/reporting-child-abuse-and-neglect).
Certain groups of people are required by law to report any suspicion of abuse or neglect of a child or young
person to government authorities. Further information and guidelines regarding mandatory reporting can be
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Community Australia
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Age of consent laws in Australia
CFCA resource sheet | tinyurl.com/2wmc8k8h
found in the CFCA Resource Sheet: Mandatory Reporting of Child Abuse and Neglect (aifs.gov.au/cfca/
publications/mandatory-reporting-child-abuse-and-neglect).
If a child or young person has disclosed abuse or neglect to you, it is important to stay calm and reassure them
that you will help them to be safe. For information on how to respond to disclosures of abuse, see the CFCA
Practitioner Resource: Responding to Children and Young People’s Disclosures of Abuse (aifs.gov.au/cfca/
publications/responding-children-and-young-people-s-disclosures-abu).
For information, counselling support and service referral, contact details and links to helplines and telephone
counselling services can be found in the CFCA Resource sheet: Helplines, Telephone and Online Counselling
Services for Children, Young People and Adults (aifs.gov.au/cfca/publications/cfca-resource-sheet/helplinesand-telephone-counselling-services-children-young-people).
Is it legal for someone in a supervisory role to have sexual interactions
with a 16 or 17 year old under their special care?
Although the legal age of consent throughout Australia is either 16 or 17 years of age, legislation in the Australian
Capital Territory, New South Wales, the Northern Territory, South Australia, Victoria and Western Australia makes
it an offence for a person in a supervisory role to have sexual interactions with a person under their special care
who is aged 16 or 17 years.
A person in a supervisory role providing special care may include: a teacher, foster parent, religious ofcial or
spiritual leader, a medical practitioner, an employer of the child or a custodial ofcial. Table 3 provides links to the
relevant state or territory legislation regarding sexual interactions with 16 and 17 year olds under special care.
Table 3: Sexual interactions with young people under special care laws

Note: a No specifc mention of ‘special care’ is made in the legislation for these states. Instead, links have been provided to
relevant state legislation regarding sexual interactions with 16 and 17 year olds.
What if both parties are under the age of consent or of similar age?
A number of jurisdictions provide a legal defence when a mutually consensual sexual interaction is between two
young people close in age (the Australian Capital Territory, New South Wales, South Australia, Tasmania, Victoria
and Western Australia). These jurisdictions are attempting to fnd a balance between protecting children and young
people from adult sexual exploitation while not criminalising them for having sexual relationships with their peers.
The Youth Law Australia website (yla.org.au/vic/topics/health-love-and-sex/sex) contains more information
about how age of consent laws apply to young people engaging in sexual activities with their peers for each
state and territory.
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Age of consent laws in Australia
CFCA resource sheet | tinyurl.com/2wmc8k8h
Can children and young people send each other nude images?
In Australia, Commonwealth and state and territory laws prohibit ‘asking for, accessing, possessing, creating or
sharing sexualised images of children and young people under 18’ (eSafety Commissioner, 2020; see also
Albury, Crawford, Byron & Mathews, 2013). These laws apply to children and young people sending each other
nudes (sexting). Children and young people may be at risk of criminal charges if they break these laws.
There are some differences between Commonwealth laws and state and territory laws. In some jurisdictions,
‘these laws only apply to images of children and young people under 16 or 17’ years, whereas Commonwealth
laws apply to young people up to 18 years (eSafety Commissioner, 2020). Some jurisdictions have introduced
defences or exceptions to these laws to allow for consensual sexting between young people of similar ages
(eSafety Commissioner, 2020).
For more information about young people and sexting, see the eSafety Commissioner website (esafety.gov.au/
key-issues/staying-safe/sending-nudes-sexting).
What supports professionals in identifying and responding to sexual
behaviours among children and young people?
Age of consent laws exist not only to protect children and young people from sexual exploitation and abuse
from adults and older young people; but also to give them time to be developmentally mature enough to make
healthy, safe decisions about sexual interactions and relationships between children and young people.
Professionals in the child, family and community welfare sector have a role in appropriately identifying,
understanding and responding to children and young people’s displays of sexual behaviour to support healthy
sexual development and ensure children and young people are protected from harm and abuse.
Children and young people’s sexual behaviours can be considered along a continuum of behaviour – from
developmentally appropriate to inappropriate or potentially harmful (El-Murr, 2017; Quadara, O’Brien, Ball,
Douglas, & Vu, 2020). In identifying sexual behaviours and determining an appropriate response, there are
two main aspects to understand (El-Murr, 2017; Quadara et al., 2020):
• whether the behaviour is inappropriate to a child or young person’s age and stage of development
(sometimes known as ‘problem sexual behaviours’)
• whether the behaviour is harmful or abusive (sometimes known as ‘sexually abusive behaviours’).
In Australia, there is emerging consensus that ‘harmful sexual behaviours’ is an appropriate framework that
incorporates both these aspects: inappropriate/problem sexual behaviours and sexually abusive behaviours
(Quadara et al., 2020). Harmful sexual behaviours are defned as:
Sexual behaviours expressed by children and young people under the age of 18 years that are developmentally
inappropriate, may be harmful to self or others, or may be abusive to another child, young person or adult.
(derived from Hackett, 2014, cited in Quadara et al., 2020, p. 7)
Within the harmful sexual behaviours framework, developmentally appropriate sexual behaviours are those that
may be expected as part of normal sexual development in children and young people according to their age
group (e.g. 0–4 years, 5–9 years, 10–13 years, 14–18 years). Sexual behaviours are categorised as (El-Murr, 2017;
Quadara et al., 2020):
• age-appropriate sexual behaviours
• concerning sexual behaviours
or
• very concerning sexual behaviours.
Harmful or abusive sexual behaviours sit along a continuum of sexual behaviours in children and young people
(Hackett, 2010; Quadara et al., 2020):
• normal
• inappropriate
• problematic
• abusive
• violent.
Child Family
Community Australia
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Age of consent laws in Australia
CFCA resource sheet | tinyurl.com/2wmc8k8h
For more information about identifying and responding to sexual behaviours exhibited by children and young
people, see the following resources:
• Trafc Lights: A Guide to Identify, Understand and Respond to Sexual Behaviours, published by True
Relationships & Reproductive Health. (true.org.au/Education/trafc-lights)
• Good Practice in Responding to Young People with Harmful Sexual Behaviours: Key Findings and Future
Directions, published by ANROWS (d2rn9gno7zhxqg.cloudfront.net/wp-content/uploads/2020/06/30105747/
ANROWS-Quadara-YPHSB_RtPP-FINAL.pdf).
• Adolescents with Sexually Abusive Behaviours and Their Families: Best Interests Case Practice Model
(Specialist Practice Resource), published by the Victorian Government Department of Human Services in
collaboration with the Australian Institute of Family Studies (cpmanual.vic.gov.au/sites/default/fles/
Adolescents%20sexually%20abusive%20behavs%20specialist%20resource%202012%203004%20.pdf).
• Children with Problem Sexual Behaviours and Their Families: Best Interests Case Practice Model (Specialist
Practice Resource), published by the Victorian Government Department of Human Services in collaboration
with the Australian Institute of Family Studies (dhhs.vic.gov.au/sites/default/fles/documents/201705/Children_
with_problem_sexual_behaviours_-and-_their_families-2012_0.pdf).
• Service Models for Children Under 10 with Problematic Sexual Behaviours: Evidence Check, published by the
Sax Institute for the NSW Ministry of Health (health.nsw.gov.au/parvan/sexualassault/Documents/servicemodels-under10.PDF).
• A Continuum of Responses for Harmful Sexual Behaviours, published by the Commissioner for Children and
Young People Western Australia (ccyp.wa.gov.au/our-work/projects/harmful-sexual-behaviours).
• Harmful Sexual Behaviour Framework: An Evidence-Informed Operational Framework for Children and Young
People Displaying Harmful Sexual Behaviours, published by the National Society for the Prevention of Cruelty
to Children (learning.nspcc.org.uk/research-resources/2019/harmful-sexual-behaviour-framework).
Conclusion
Age of consent laws are important measures for protecting children and young people from sexual predation
and exploitation. As outlined in this guide, consent means being able to freely and voluntarily agree to participate
in an activity, without fear, coercion, intimidation or anything else that would prevent free agreement. Age of
consent laws defne the age at which an individual has the legal capacity to consent to sexual interactions.
This reference guide has outlined how consent and the age of consent is legally defned in Australia, including
how this varies by state and territory legislation. It has also provided an overview of what Australian laws apply
to reporting suspected child abuse, responding to disclosures, sexual interactions for those in supervisory roles,
developmentally appropriate sexual behaviours and consensual sexual interactions between children and
young people.
References
Albury, K., Crawford, K., Byron, P., & Mathews, B. (2013). Young people and sexting in Australia: Ethics, representation
and the law. Kensington: University of New South Wales.
Australian Law Reform Commission. (2010). Family Violence: A National Legal Response. Final Report. Sydney:
Australian Law Reform Commission. Retrieved from www.alrc.gov.au/publication/family-violence-a-national-legalresponse-alrc-report-114
Barbaree, H. E., & Marshall, W. L. (2006). An introduction to the juvenile sex offender. In H. E. Barbaree & W. L. Marshall
(Eds.), The juvenile sex offender. New York: The Guild Press.
Boxall, H., & Fuller, G. (2016). Brief review of contemporary sexual offence and child sexual abuse legislation in Australia:
2015 update. Canberra: Australian Institute of Criminology. Retrieved from www.aic.gov.au/publications/special/
special-9
El-Murr, A. (2017). Problem sexual behaviours and sexually abusive behaviours in Australian children and young people
(CFCA Paper). Melbourne: Australian Institute of Family Studies.
eSafety Commissioner. (2020). Sending nudes and sexting. Canberra: eSafety Commissioner. Retrieved from
www.esafety.gov.au/parents/big-issues/sending-nudes-sexting#the-consequences-can-be-serious
Fileborn, B. (2011). Sexual assault laws in Australia (ACSSA Resource Sheet No. 1). Melbourne: Australian Institute of
Family Studies. Retrieved from aifs.gov.au/publications/archived/3827
Hackett, S. (2010). Children and young people with harmful sexual behaviours. In C. Barter & D. Berridge (Eds.),
Children behaving badly? Peer violence between children and young people (pp. 121–135). London: Blackwell Wiley.
Powell, A. (2010). Sex, power and consent: Youth culture and the unwritten rules. Cambridge, UK: Cambridge
University Press.
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2104 Age of consent resource sheet
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Front cover: © flickr/Steve Snodgrass
Quadara, A., Nagy, V., Higgins, D., & Siegel, N. (2015). Conceptualising the prevention of child sexual abuse: Final
report (Research Report No. 33). Melbourne: Australian Institute of Family Studies. Retrieved from aifs.gov.au/
publications/conceptualising-prevention-child-sexual-abuse?no_cache=1456287381
Quadara, A., O’Brien, W., Ball, O., Douglas, W., & Vu L. (2020). Good practice in delivering and evaluating interventions
for young people with harmful sexual behaviours (Research Report Issue 18). Sydney: ANROWS. Retrieved from
www.anrows.org.au/project/good-practice-in-delivering-and-evaluating-interventions-for-young-people-withharmful-sexual-behaviours
Authors and acknowledgements
This reference guide was updated by Adam Dean, formerly a Senior Research Ofcer with the Child Family
Community Australia team at the Australian Institute of Family Studies. The content is current as of May 2021.