There is variance in how State and Territory Legislation defines a child.
Australian Institute of Family Studies. (2024). Australian legal definitions: When is a child in need of protection? https://aifs.gov.au/resources/resource-sheets/australian-legal-definitions-when-child-need-protection
Here are the definitions:
- NSW: Section 3 of the Children and Young Persons (Care and Protection) Act 1998 No 157 (NSW) defines a child as a person who is under the age of 16 years and a young person as a person who is aged 16 years or above but who is under the age of 18 years.
- VIC: Section 3 of the Children, Youth and Families Act 2005 (Vic.) defines a child as: ‘(a) in the case of a person who is alleged to have committed an offence, a person who at the time of the alleged commission of the offence was under the age of 18 years but of or about the age of 10 years but does not include any person who is of or above the age of 19 years when a proceeding for the offence is commenced in the Court’ and ‘(b) in any other case, a person who is under the age of 17 years or, if a protection order, a child protection order within the meaning of Schedule 1 or an interim order within the meaning of that Schedule continues in force in respect of him or her, a person who is under the age of 18 years’
- NT: Section 13 of the Care and Protection of Children Act 2007 (NT) defines a child as a person less than 18 years of age, or a person apparently less than 18 years of age if the person's age cannot be proved.
- WA: Section 3 of the Children and Community Services Act 2004 (WA) defines a child as a person who is under 18 years of age, and in the absence of positive evidence as to age, means a person who is apparently under 18 years of age.
- SA: Section 16 of the Children and Young People (Safety) Act 2017 (SA) defines a child or young person as a person who is under 18 years of age.
- TAS: Section 3(1) of the Children, Young Persons and Their Families Act 1997 (Tas.) defines a child as a person under 18 years of age.
- ACT: Section 11 of the Children and Young People Act 2008 (ACT) defines a child as a person who is under 12 years old, and section 12 defines a young person as a person who is 12 years old or older but not yet an adult. The Children and Young People Act 2008 (ACT) refers to the Legislation Act 2001 that defines an adult as a person who is at least 18 years old.
- QLD: Section 8 of the Child Protection Act 1999 (Qld) defines a child as an individual under 18 years.
Thanks to Dr. Helen L. Blake for this information
