Consent and age of consent
Sexual offences are state law. The age of consent is 16 in most jurisdictions and 17 in South Australia and Tasmania. New South Wales adopted an affirmative consent model in 2022, requiring that a person say or do something to ascertain consent; Victoria and Queensland followed with their own reforms.
Key points
| Age of consent | 16 in most states; 17 in South Australia and Tasmania |
|---|---|
| Position of authority | 18 in most jurisdictions |
| Affirmative consent | Adopted in New South Wales (2022), Victoria (2023) and Queensland, with others reviewing |
| Stealthing | Expressly criminalised in several jurisdictions |
| Marital rape | Criminal in all states |
| Limitation | None for serious sexual offences |
| Jury directions | Statutory directions correct common misconceptions about delay and lack of resistance |
| Restorative options | Some states offer alternative justice processes |
In practice
- Contact a sexual assault service: forensic examination is available without an immediate report.
- Ask about alternative justice processes where a prosecution is not proceeding.
Recent changes
The affirmative consent reforms follow sustained advocacy and have been accompanied by mandatory jury directions addressing myths about how victims behave.
Where to go
- 1800RESPECT — national sexual assault and domestic violence counselling, 24/7.
- State sexual assault services and forensic medical units.
- Victims of crime compensation schemes in each state.
Worth knowing
A forensic medical examination can be arranged through a sexual assault service without reporting to police, and many services will store the kit while you decide. Affirmative consent laws require the accused to have said or done something to ascertain consent. That shifts what the defence must show.
The general article: Consent and age of consent · Compare with another country
Domestic violence
Protection orders are made under state and territory law — ADVOs in New South Wales, FVIOs in Victoria, and equivalents elsewhere — and are recognised and enforceable across the country under the national recognition scheme. New South Wales and Queensland have criminalised coercive control, with other jurisdictions reviewing.
Key points
| Protection orders | Applied for by police or by the person at risk; interim orders available urgently |
|---|---|
| National recognition | Orders are automatically enforceable in every state and territory |
| Coercive control | A criminal offence in New South Wales (2024) and Queensland, under review elsewhere |
| Family law | The 2024 reforms strengthened the treatment of family violence in parenting cases |
| Tenancy | Victims can end a tenancy early in all states |
| Financial support | Escaping Violence and leaving violence payments have been provided under federal programmes |
| Firearms | Licences are cancelled where an order is made |
| State orders | Names differ by state: intervention, apprehended violence or protection orders |
| Family violence leave | Ten days of paid leave is a national employment entitlement |
In practice
- Apply through the police or directly at the local court; both routes are free.
- Claim paid family and domestic violence leave: it is a legal entitlement, not a discretionary benefit.
Cost and coverage
Police-initiated applications are free; duty lawyers assist at court; legal aid is available for family violence matters.
Recent changes
The criminalisation of coercive control in New South Wales from mid-2024 was accompanied by extensive training, reflecting the difficulty of proving patterns rather than incidents.
Where to go
- 1800RESPECT — 1800 737 732, national counselling, 24/7.
- State police family violence units and duty lawyer services at court.
- Men's Referral Service 1300 766 491 for those wanting to change their behaviour.
Worth knowing
Protection orders now follow you across state borders automatically. If you relocate, the order remains enforceable without re-registration. Protection orders are automatically recognised across all states and territories. You do not need to register the order when you move.
The general article: Domestic violence · Compare with another country
Female genital mutilation
FGM is a criminal offence in every Australian state and territory, with penalties of up to twenty-one years in some. Every jurisdiction also makes it an offence to take a child out of the state or territory for the purpose. Specialist services exist in the states with the largest affected communities, providing deinfibulation, obstetric care and counselling.
Because criminal law is state and territory business in Australia, every jurisdiction has its own offence — and all of them also criminalise taking a child out of the jurisdiction for the purpose, which closes the obvious gap. Commonwealth law adds reporting and border-related measures. The practical consequence for families is that the applicable rules follow the state you live in, not a single national statute.
Key points
| Offences | In every state and territory, with penalties up to twenty-one years |
|---|---|
| Removal | Taking a child out of the jurisdiction for FGM is a separate offence |
| Consent | Not a defence |
| Reporting | Mandatory child protection reporting applies to clinicians and teachers |
| Specialist services | Established in the states with the largest affected communities |
| Family Court | Can make orders preventing a child from being taken overseas |
| Affected population | Concentrated among communities from the Horn of Africa and parts of Asia |
In practice
- If you fear a child may be taken overseas, the Family Court can order that her name be placed on the airport watch list.
- Specialist clinics provide deinfibulation before childbirth or before marriage, free through the public system.
- Bicultural workers attached to these services can support the conversation with families.
- Report any concern about a child to the state child protection agency.
Cost and coverage
Specialist services are provided free through the public health system.
Where to go
- State child protection agencies.
- Specialist FGM services in the major states.
- Family Court of Australia for overseas travel orders.
Worth knowing
The airport watch list is the most practical protective tool in Australia: an order can prevent a child from leaving the country while concerns are assessed.
Frequently asked questions
Which law applies in Australia?
The law of the state or territory where you live. All of them criminalise the practice and all of them cover removing a child from the jurisdiction for that purpose, so the protection is uniform even though the statutes differ. Penalties and reporting duties vary.
Where can affected women get care?
Through specialist women's health services in the capital cities, several of which run dedicated clinics with interpreters. Care is available under Medicare for eligible residents. A GP referral is the usual route, and community health workers can arrange it where trust is an issue.
The general article: Female genital mutilation · Compare with another country
Sexual offences committed abroad
Division 272 of the Criminal Code, with penalties up to twenty-five years, and a passport regime that stops registered offenders leaving.
Australian law makes it an offence for a citizen or resident to engage in sexual activity with a child outside Australia, with penalties up to twenty-five years. Since 2017, registered child sex offenders can be refused a passport and prevented from travelling overseas altogether — a measure without close equivalent elsewhere.
Australia has one of the most active enforcement regimes in this area: Commonwealth offences cover sexual activity with children overseas, and a registered offender must give advance notice of travel. Since 2017 Australia has also cancelled the passports of registered child sex offenders seeking to travel, a measure that prevented thousands of departures and which few other countries have adopted.
Key points
| Basis | Criminal Code, Division 272 |
|---|---|
| Who is covered | Australian citizens and residents |
| Penalty | Up to twenty-five years' imprisonment |
| Dual criminality | Not required |
| Passport | Registered offenders can be refused a passport and barred from travel |
| Reporting | Australian Federal Police and the national reporting centre |
| Cooperation | Liaison officers posted in destination countries |
In practice
- Report to the Australian Federal Police, including about conduct witnessed overseas.
- The travel ban applies to registered offenders regardless of destination.
- Reports from travellers and tour operators have led to prosecutions.
- Local tolerance provides no defence: dual criminality is not required.
Where to go
- Australian Federal Police.
- Australian Centre to Counter Child Exploitation.
- Australian embassy, high commission or consulate.
- Crime Stoppers, anonymous reporting.
Frequently asked questions
Can a convicted offender be stopped from leaving Australia?
Yes. Since 2017 registered child sex offenders can be refused a passport and prevented from travelling overseas, and the measure has been used extensively. Reporting obligations require notice of intended travel, and border systems flag attempted departures.
Sources
- Australian Centre to Counter Child Exploitation — national reporting, including conduct overseas
- Australian Federal Police — overseas liaison network
The general article: Sexual offences committed abroad · Compare with another country
General sources
- Federal Register of Legislation — Commonwealth law as made and in force
- Services Australia — government services and payments