15 year old legal rights Australia

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 in nature, and laws differ from state to state. So if you have concerns about your child’s legal rights or obligations, it’s always best to:

• check the laws in your state or territory
• seek legal advice.

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 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 over 18. 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

• Preventing or limiting teenage alcohol use
• Alcohol, smoking and other drug use: how to help teenagers
• Binge-drinking: teenagers
• Hosting a teenage party: guide for parents

There’s no safe level of alcohol use for children under the age of 18 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 old.

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 16 years old, 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

• Casual work and part-time jobs for teenagers
• Jobs, careers, further study and training: getting ready
• Employment and jobs: teenagers with disability, autism and other additional needs
• Employment rights and entitlements: teenagers with disability, autism and other additional needs

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 with online betting platforms or apps.

For more information
Gambling and teenagers

Health care

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

From 14, children can:

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

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

From 16, 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 18, they can give full legal consent for medical treatment and also refuse it.

For more information

• Teenage health care: your child’s rights and responsibilities
• Teenagers seeing a GP alone
• Teenagers with chronic health conditions: moving to adult care

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 turn 18. 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 Sexual Assault, Domestic Family 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 turn 17. 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

• Truancy: pre-teens and teenagers
• Jobs, careers, further study and training: getting ready

Phones and social media

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

Some social media platforms have age restrictions. For example, to have a Facebook or Instagram account, your child must be 13 years old. Many platforms don’t have specific age limits.

For more information

• Responsible mobile phone use for children and teenagers
• Social media benefits and risks: children and teenagers
• Digital citizenship: teens being responsible online
• Internet safety: teenagers

Piercings

Non-intimate areas
In the Australian Capital Territory, Northern Territory and Queensland, teenagers under 18 years can get body-piercings if they can make a sound and reasonable judgment about them.

In Western Australia, teenagers under 18 years can get body-piercings with their parents’ permission.

In Tasmania, Victoria, South Australia and New South Wales, teenagers under 16 years need their parents’ permission for body-piercings. As a parent, you have to say where the body-piercing can be.

Intimate areas
In New South Wales, body-piercers aren’t allowed to give teenagers under 16 years piercings in intimate areas, like the genitalia or nipples, even if teenagers have parental permission.

In Queensland, Tasmania, Victoria, South Australia and Western Australia, body-piercers aren’t allowed to give teenagers under 18 years piercings in intimate areas, even if teenagers have parental permission.

In the Australian Capital Territory and Northern Territory, there are no specific rules about piercings in intimate areas.

For more information
Tattoos and body-piercings: teenagers

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 under the age of 18 years. People in this category include teachers, sports coaches, employers and health professionals.

For more information

• Consent and sexual consent: talking with children and teenagers
• Getting and giving sexual consent: talking with teenagers
• Sexual assault and teenagers
• Child sexual abuse: what it is and what to do

Sexting

Under Australian law sexting involving a child under 18 years old is a criminal offence even when it’s consensual and even when the person sending the sext is also a child.

Also, sexting is illegal in all Australian states and territories, except in Victoria and Tasmania. In Victoria and Tasmania, sexting is legal if both people are under 18 and there’s no more than a 2-year age gap.

For more information

• Sexting: talking with teenagers
• Sexting and teenagers: practical steps for problem situations

Tattoos

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

In the Australian Capital Territory and New South Wales, teenagers 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 over 16 years and have their parents’ permission for tattoos. Permission must be in writing and must explain the type of tattoo you agree to and where.

In the Northern Territory, there are no specific rules about getting a tattoo. In practice tattooists have their own industry standards, and teenagers are often asked to get their parents’ permission for tattoos.

For more information
Tattoos and body-piercings: teenagers

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.

What rights do 15 year olds have in Australia?

What can a 15 year old do in Australia?

Can you move out of home at 15 in Australia?

Can a 15 year old go to jail in Australia?