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If you require assistance or would like to talk to a trained professional about the issues described in this paper, please call Kids Helpline on 55 or Lifeline on 13 11 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.

This reference guide is for professionals in the child, family and community welfare sector. If you are or young person who wants to learn more about sex, consent and respectful relationships, see the following websites:. 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 defined 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. Legal definitions 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, ; Powell, Consent also needs to be actively communicated in order to establish a free agreement Fileborn, ; Powell, ; this is known as 'positive consent' Fileborn, It is not enough to say that an individual consented just because they did not refuse or resist.

Age of consent laws are deed 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, does not have the decision-making capacity to give consent according to law. 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.

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. Certain groups of people are required by law to report any suspicion of abuse or neglect of or young person to government authorities. If 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, 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. 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 official or spiritual leader, a medical practitioner, an employer of the child or a custodial official. Table 3 provides links to the relevant state or territory legislation regarding sexual interactions with 16 and 17 year olds under special care.

Note: a No specific 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. A 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 find 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 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. 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, Some jurisdictions have introduced defences or exceptions to these laws to allow for consensual sexting between young people of similar ages eSafety Commissioner, For more information about young people and sexting , see the eSafety Commissioner website. 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. In identifying sexual behaviours and determining an appropriate response, there are two main aspects to understand El-Murr, ; Quadara et al. Harmful sexual behaviours are defined 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.

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. Sexual behaviours are categorised as El-Murr, ; Quadara et al.

Harmful or abusive sexual behaviours sit along a continuum of sexual behaviours in children and young people Hackett, ; Quadara et al. For more information about identifying and responding to sexual behaviours exhibited by children and young people, see the following resources:. 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 define 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 defined 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.

A practical guide for organisations, professionals and any other person responding to children and young people disclosing abuse. Examines various aspects of supervision in work with adolescents, and provides tools to assist professionals and stimulate discussion.

Information about who is required by law to report suspected child abuse and neglect to government child protection authorities. The content is current as of May Copyright information. The Australian Institute of Family Studies acknowledges the traditional country throughout Australia on which we gather, live, work and stand. We acknowledge all traditional custodians, their Elders past, present and emerging and we pay our respects to their continuing connection to their culture, community, land, sea and rivers.

Home » Publications » Age of consent laws in Australia. Age of consent laws in Australia Age of consent laws in Australia. Read online. View as a PDF. Scroll down. If you believe is in immediate danger call Police on Information for children and young people This reference guide is for professionals in the child, family and community welfare sector. If you are or young person who wants to learn more about sex, consent and respectful relationships, see the following websites: ReachOut has information on sex and relationships for young people.

Kids Helpline provides information for young people about what consent means when engaging in sexual activity. It also provides a national sexual assault, domestic and family violence counselling service. Youth Law Australia provides free, confidential legal information and help for young people under 25 years, including information about age of consent laws for your state or territory. Read the publication. Legal definitions of consent. Legal definitions of consent Legal definitions of consent vary between Australian state and territory jurisdictions see Table 1 for links to the legislation.

Back to the top of section. Why do age of consent laws exist? What is the legal age of consent in Australian jurisdictions? Common questions. 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? Harmful sexual behaviours are defined 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.

Conclusion Age of consent laws are important measures for protecting children and young people from sexual predation and exploitation. References Albury, K. Young people and sexting in Australia: Ethics, representation and the law. Kensington: University of New South Wales.

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