Consent laws in Australia

Sexual consent laws

The age of sexual consent across Australia is 16 years of age, except for Tasmania and South Australia, where it's 17.

Being able to give consent means you can say yes or no willingly. Adults and teenagers alike must understand that a person cannot consent if they are:  

  • under 16 (or 17 in S.A or Tas)
  • unconscious
  • under the influence of drugs and/or alcohol
  • forced, intimidated, or tricked
  • incapable of consenting due to cognitive impairment. 

Capacity to consent involves understanding what the sexual activity involves, having enough information to decide, and being able to communicate decisions. Teaching your child about sex and consent empowers them to say no. If concerns arise about your child’s capacity to consent, speak to your local doctor.