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.
New South Wales (NSW) Age Gap
- Age of Consent: 16 years
- Age Gap Provisions:
A person under the age of 16 cannot legally consent to sexual activity. However, if one party is under 16 and the other is within two years of age, the relationship may not attract criminal liability unless there is a relationship of authority, care, or supervision (e.g., teacher, manager, carer).
Relevant Legislation: Crimes Act 1900 (NSW), Sections 66C and 73
Victoria (VIC) Age Gap
- Age of Consent: 16 years
- Age Gap Provisions:
Individuals under the age of 16 can consent to sexual activity if the other party is no more than two years older (the “close-in-age” exception). Once a person is 16 or over, there is no restriction on the age of their consenting partner, provided there is no relationship of care, authority or supervision.
Relevant Legislation: Crimes Act 1958 (Vic), Sections 49B
Western Australia (WA) Age Gap
- Age of Consent: 16 years
- Age Gap Provisions:
Sexual activity involving someone under the age of 16 is illegal, with no specific close-in-age exemption. Once an individual is 16, they can consent to sexual activity with a partner of any age, provided no relationship of authority or power exists.
Relevant Legislation: Criminal Code Act Compilation Act 1913 (WA), Sections 320 and 321
South Australia (SA) Age Gap
- Age of Consent: 17 years
- Age Gap Provisions:
Individuals under 17 cannot legally consent to sexual activity. There are no specified close-in-age exceptions under South Australian law. Once a person is 17, they can engage in consensual sexual relationships with any adult, provided there is no position of power, trust, or authority.
Relevant Legislation: Criminal Law Consolidation Act 1935 (SA), Sections 49 and 57
Northern Territory (NT) Age Gap
- Age of Consent: 16 years
- Age Gap Provisions:
Sexual activity involving someone under 16 is prohibited, and there are no specific close-in-age exceptions. Individuals aged 16 and over may consent to sexual activity with adults of any age, provided there is no power imbalance or relationship of supervision.
Relevant Legislation: Criminal Code Act 1983 (NT), Divsion 3 beginning at 208J
Queensland (QLD) Age Gap
- Age of Consent: 16 years
- Age Gap Provisions:
The law does not specify a close-in-age exception for those under 16. Once a person is 16 or over, they can legally consent to sexual activity with any adult, provided the relationship is not one of care, trust, or authority.
Relevant Legislation: Criminal Code Act 1899 (QLD), Sections 215 and 229B
Tasmania (TAS)
- Age of Consent: 17 years
- Age Gap Provisions:
Tasmania allows specific close-in-age exceptions:- A person aged 15 can consent to sexual activity with someone up to five years older.
- A person aged 12 to 15 can consent to sexual activity with someone up to three years older.
Relationships involving individuals 17 and older have no age restrictions, provided there is no authority or supervisory relationship.
Relevant Legislation: Criminal Code Act 1924 (Tas), Section 124
Australian Capital Territory (ACT) Age Gap
- Age of Consent: 16 years
- Age Gap Provisions:
Individuals under 16 cannot legally consent to sexual activity. No specific close-in-age provisions exist. From 16 years onwards, consenting adults may engage in sexual activity unless there is a relationship of power or authority.
Relevant Legislation: Crimes Act 1900 (ACT), Section 55
Possible Defences to sexual offences involving minors:
- Knowledge: You were not aware of the age of the minor and reasonably believed they were of an age that they could consent
- Factual Dispute: You deny that any sexual contact occurred.
If you have been charged or are facing an investigation into sexual offences involving a minor, it is important that you engage specialist sexual offence lawyers to assist you. The law is complicated, and the penalties are severe, making the consequences of a badly handled matter very serious. If you need assistance, call our office today, don’t wait until it is too late.
