What is the legal age gap to date in Australia?

In Australia, there is no legal restriction on the age difference between consenting individuals as long as both parties are above the legal age of consent in their respective state or territory. However, if one party is below the age of consent, some states and territories have “close-in-age” provisions, allowing individuals within a specified age gap to legally engage in sexual activity. These laws are designed to acknowledge consensual relationships between peers while still protecting minors from exploitation.

The legal age of consent varies slightly between states and territories, but there are commonalities across several jurisdictions. The age of consent in Victoria is 16 years as it is most states and territories, including New South Wales, Queensland, Western Australia, the Northern Territory, and the Australian Capital Territory. In these jurisdictions, individuals 16 years or older can consent to sexual activity with adults of any age, provided the younger person is not under the care, supervision or authority of the other.

Close-in-age exceptions are present in New South Wales and Victoria, allowing for consensual sexual activity between individuals under the age of 16 and those no more than two years older. Tasmania has the most flexible close-in-age rules, permitting relationships with an age gap of up to five years for individuals aged 15 and three years for those aged 12 to 15.

South Australia and Tasmania differ by setting the age of consent at 17 years, with South Australia providing no close-in-age exemptions, while Tasmania offers detailed protections for age-appropriate relationships. This variation highlights efforts to balance the protection of young people with recognition of consensual relationships among peers.

Below is a state-by-state breakdown of the age of consent, permissible age gaps, and relevant legislative provisions.