Personal Injury

Sexual consent is a fundamental legal concept intended to protect individuals, especially young and vulnerable persons, from exploitation and abuse. In Australian law, consent must be clear, voluntary, and provided by individuals capable of making informed decisions. Laws around sexual consent are particularly protective of minors, acknowledging their vulnerability and the potential for exploitation.

Beyond establishing a general age of consent, which varies between 16 and 17 depending on the jurisdiction, Australian states and territories have specific provisions targeting adults who occupy positions of trust or authority. These laws ensure additional protections against abuse, recognising that consent can be compromised when one individual holds significant power over another.

Here’s a closer look at these provisions across each jurisdiction:

New South Wales (NSW)

In NSW, the general age of consent is 16. However, special provisions apply to those in positions of authority, such as teachers, clergy members, carers, or guardians. Sections 73 and 73A of the Crimes Act 1900 specifically criminalise sexual activities between adults and young people aged 16 or 17 under their supervision, carrying penalties of up to 8 years imprisonment.

Victoria (VIC)

Victoria’s age of consent is also 16. Yet, the Crimes Act 1958 explicitly prohibits sexual relations between minors aged 16 or 17 and adults who supervise or hold authority over them, including teachers, coaches, or youth workers. These provisions (Sections 49C and 49D) reflect the state’s commitment to safeguarding vulnerable young people.

Queensland (QLD)

Queensland sets the age of consent at 16, with additional safeguards under Section 229B of the Criminal Code Act 1899. This law criminalises sexual interactions involving minors under 18 and adults in authority, such as teachers or foster carers, acknowledging the inherent power imbalance in such relationships.

South Australia (SA)

South Australia has a slightly higher general age of consent at 17, with further protections outlined in Section 49 of the Criminal Law Consolidation Act 1935. This law specifically forbids adults in authoritative roles—such as teachers or youth supervisors—from engaging sexually with individuals under 18, reflecting sensitivity to power dynamics.

Western Australia (WA)

With an age of consent of 16, WA’s Sections 321 and 322 of the Criminal Code Act Compilation Act 1913 explicitly prohibit sexual contact between minors aged 16 or 17 and adults who have authority over them, including educators and carers, reinforcing stringent protection against exploitation.

Tasmania (TAS)

Tasmania’s consent age is 17, but Section 124 of the Criminal Code Act 1924 further restricts adults in authoritative positions, such as teachers and religious leaders, from engaging sexually with minors under 18, clearly recognising the vulnerabilities involved.

Australian Capital Territory (ACT)

In the ACT, where the general age of consent is 16, Section 55A of the Crimes Act 1900 specifically addresses the risk of exploitation by individuals in positions of power, making sexual activity illegal if it involves minors aged 16 or 17 under their care or influence.

Northern Territory (NT)

Lastly, the Northern Territory sets a consent age of 16 but provides additional protection through Sections 127 and 128 of the Criminal Code Act 1983. These provisions target exploitation by adults entrusted with minors’ care—such as teachers and healthcare providers—by criminalising sexual interactions with young people under 18.

These laws collectively underline Australia’s strong legal stance against sexual exploitation and the importance of clear, voluntary consent, particularly in relationships involving trust and authority.

Sexual Consent in Australia

As you may have noticed, the age of consent to sexual activity is crucial in qualifying sexual acts as a crime. The legislator should strive to harmonise his policy on setting the age of consent limits with public opinion and the well-established traditions of the society. The law guarantees the rights, safety, and personal integrity of children who cannot prepare themselves for the consequences of sexual abuse.

If you or someone you know would like to talk to one of our historical sexual abuse specialists, for free and in confidence, about your legal options, please feel free to either complete the form below with the best way and the best time to contact you, or you can call us on 02 9283 5599.