Legal age: teenagers and the law

About legal age in Australia

As your child grows up and becomes more independent, you might be wondering how old they need to be before they can do certain things.

In Australia, you’re considered to be an adult when you turn 18 years old. But for certain things, the legal age can be younger.

The information in this article is general, and laws differ from state to state. Laws also change from time to time. So if you have concerns about your child’s legal rights or obligations, it’s always best to:

Alcohol and other drugs

Alcohol

The minimum age for buying and drinking alcohol in licensed premises like bars, clubs, restaurants and bottle shops is 18 years. In places where drinking alcohol in public is permitted, children under the age of 18 years can’t drink or have alcohol in public.

In some states and territories, it’s legal to supply alcohol to children under 18 years on private premises like home or friends’ homes if you have approval from a child’s parent or guardian. In others, it’s legal only if you’re the parent or guardian.

In most states and territories, the person supplying the alcohol must also supervise the child responsibly.

Other drugs

Using or possessing drugs like crystal meth (ice), ecstasy, heroin and cocaine is against the law at any age.

In the Australian Capital Territory, you can have a small amount of cannabis for personal use at home if you’re aged over 18 years. But it’s against the law to store it where children can reach it. Using or possessing cannabis is against the law in all other states and territories.

For more information

The National Medical Health and Research Council (NHMRC) says that children under 18 years should have no alcohol at all. Health experts say teenagers shouldn’t use alcohol until they’re aged 18 or even 21 years. And it isn’t safe for anyone to use illegal drugs or smoke at any age. Alcohol and other drugs can affect children’s health, brain development, behaviour, schoolwork and relationships.

Criminal responsibility

The age of criminal responsibility is the age at which you can be arrested, charged and found guilty of breaking the law. In Australia the age of criminal responsibility is 10 years, except in the Australian Capital Territory, where it’s 14 years.

For children aged 10-13 years to be found guilty of breaking the law, it must be proved that they knew their behaviour was ‘seriously wrong’ at the time, not just ‘naughty’.

From 14 years, children are considered fully responsible if they break the law. It doesn’t have to be proved that they knew their behaviour was ‘seriously wrong’.

Children aged 10-17 years are generally treated as ‘children’ by the police and the children’s courts. This means they generally face legal procedures and penalties that are designed for children. For example, their names are kept secret during legal proceedings.

When young people aged 18 years and over break the law, they’re treated as adults by the court, and adult penalties apply.

Driving

To get learner permits or licences (Ls) to drive cars, children must be aged 16 years, except in the Australian Capital Territory, where it’s 15 years and 9 months.

When learner drivers pass their driving tests, they can get their provisional or probationary licences (Ps). The minimum age at which drivers can get their Ps ranges from 16 years and 6 months in the Northern Territory to 18 years in Victoria. It’s 17 years in other states and territories.

For more information

Learning to drive: teenagers

Employment: casual and part time

Generally, in New South Wales, South Australia, Tasmania, the Australian Capital Territory and the Northern Territory, there’s no minimum age for most types of casual or part-time work.

In Victoria, Western Australia and Queensland, there’s a minimum age of 13 years to start casual or part-time work.

All states and territories have exceptions and restrictions that apply to their age-related employment rules.

States and territories might have exceptions and restrictions on things like the:

number of shifts, days or hours children can work
times children can work
effects of paid work on schoolwork
requirements for supervising children at work.

It’s important to check the relevant laws in your state or territory to make sure that your child’s employment arrangements are fair and legal. This includes things like hours of work, supervision, pay rates and so on.

For more information

Gambling

The legal age for gambling is 18 years in all states and territories. This includes gambling on the lottery and scratchy cards, on the pokies, at the TAB, at a casino and on online betting platforms or apps.

For more information

How to prevent teenage gambling: tips for parents

Health care

At any age, children can visit a doctor without a parent or a guardian being present.

From 14 years, children can:

consent to simple health care treatments
control what goes into their My Health Record and who has access to it.

At 15 years, children can get their own Medicare card, or younger if they ask a parent or carer for it.

From 16 years, children can consent to medical and dental treatment in the same way that adults can. But they don’t have an automatic right to refuse treatment, particularly life-saving treatment.

When children are aged 18 years, they can give full legal consent for medical treatment and also refuse it.

For more information

Leaving home

There’s no minimum age for when a child can leave home.

The law says that parents are responsible for looking after children’s needs until children are aged 18 years. This means that it might be OK for children to leave home before 18 if you make sure all their needs are met and they:

have your permission
have a safe place to go
are otherwise following the law – for example, still attending school.

Family violence is not OK. If your family is experiencing problems, you or your child can get help by calling the National Domestic Family and Sexual Violence Counselling Service on 1800RESPECT (1800 737 732). Your child can also contact Kids Helpline on 1800 551 800.

Leaving school

Most states and territories allow children to leave school after they’ve finished Year 10.

But if children want to leave school after Year 10, the law might say they have to do some other form of education or a mix of education, training or employment until they’re aged 17 years. In Western Australia the age is 17 years and 6 months. In Tasmania the age is 18 years or when children complete their other training (whichever comes first).

There might be special exemptions in some states and territories for children who want to leave school before they’ve finished Year 10.

For more information

Phones and social media

There are no laws about when children are allowed to have mobile phones.

The Australian Government is planning to enforce a minimum social media age to protect children from online harm.

For more information

Piercings: intimate areas

Australian Capital Territory and Northern Territory

There are no specific rules about piercings in intimate areas.

New South Wales

Body-piercers aren’t allowed to give teenagers aged under 16 years piercings in intimate areas, like the genitalia or nipples, even if teenagers have their parents’ permission.

Queensland, Tasmania, Victoria, South Australia and Western Australia

Body-piercers aren’t allowed to give teenagers aged under 18 years piercings in intimate areas, even if teenagers have their parents’ permission.

For more information

When your teen wants a tattoo or body-piercing

Piercings: non-intimate areas

Australian Capital Territory, Northern Territory and Queensland

Teenagers aged under 18 years can get body-piercings if they can make a sound and reasonable judgment about them.

Tasmania, Victoria, South Australia and New South Wales

Teenagers aged under 16 years need their parents’ permission for body-piercings. As a parent, you have to say where the body-piercing can be.

Western Australia

Teenagers aged under 18 years can get body-piercings with their parents’ permission. For ear piercing, they need permission only if they’re aged under 16 years.

For more information

When your teen wants a tattoo or body-piercing

Sexual consent

In most Australian states and territories, the age at which you can legally consent to have sex is 16 years. The exceptions to this are South Australia and Tasmania, where it’s 17 years.

When someone has sex with a person under the age of consent, they might have committed a serious offence.

New South Wales, Victoria, the Australian Capital Territory and Tasmania have laws that provide a legal defence for having sex with a person under the age of consent if the people are of similar ages. This is known as a close in age defence.

In New South Wales, Victoria, Western Australia, South Australia, the Australian Capital Territory and the Northern Territory, it’s also against the law for a person in a position of authority to have sex with a child in their authority who’s aged under 18 years. People in this category include teachers, sports coaches, employers and health professionals.

For more information

Sexting

The laws about sexting in Australia are complex.

In all states and territories except Tasmania, non-consensual sharing of sexts is illegal.

In some states and territories, consensual sexting has been decriminalised – for example, when someone aged under 18 years engages in consensual sexting with someone who’s no more than 2 years younger than them.

For more information

Youth Law Australia and the eSafety Commissioner have detailed information about sexting laws in Australian states and territories.

Tattoos

In Victoria, South Australia, Tasmania and Queensland, it’s a criminal offence for a tattooist to do tattoos for someone aged under 18 years.

In the Australian Capital Territory and New South Wales, teenagers aged under 18 years need to get their parents’ permission for tattoos. As a parent, you must give your permission either in person or in writing, and you must say what type of tattoo you agree to and where.

In Western Australia, teenagers must be aged over 16 years and have their parents’ permission for tattoos. As a parent, you must give your permission either in writing, and you must say what type of tattoo you agree to and where.

In the Northern Territory, there are no specific rules about getting a tattoo.

For more information

When your teen wants a tattoo or body-piercing

Voting

Voting is compulsory in Australia for all people aged 18 years and over. Teenagers can enrol to vote at 16 or 17 years of age but can vote only once they turn 18.