Last updated 9 July 2024

In Australia, there are often separate health services for children such as specialised children’s hospitals. Under Australia’s international legal obligations and the Australian Charter of Healthcare Rights, children have a right to receive the best possible care for their health. There are a number of laws in Australia to protect children’s health.

Alcohol

Generally, any adult who sells or otherwise supplies liquor to a child commits an offence under the Liquor Act 1992 (Qld) (Liquor Act). However, parents or guardians of children are legally able to give alcohol to their children while at home as long as supplying the alcohol is responsibly supervised. A number of factors are relevant to whether giving alcohol to a child was responsible supervision, including the child’s age, the amount of alcohol, whether the adult and/or child is intoxicated and whether the child is eating food while drinking alcohol.

It is also an offence under the Liquor Act for a child to be on any licensed premises unless they are accompanied by a responsible adult or are dining at the premises. Regardless, it will be an offence for a child to consume or be in possession of alcohol on a licensed premise.

A child will commit an offence under the Liquor Act if they drink alcohol or are in possession of alcohol in a public place or if they falsely represent that they are over 18 years of age to obtain alcohol. If a child is intoxicated in a public place, they can be charged with drunk and disorderly conduct under the Summary Offences Act 2005 (Qld) (Summary Offences Act).

Smoking

It is an offence under the Tobacco and Other Smoking Products Act 1998 (Qld) (TOSP Act) for an adult to sell, give or supply tobacco to a child. The maximum penalty for committing this offence a first time is currently a fine of $21 672. The penalty increases if someone commits this offence two or more times.

Children will commit an offence if they lie or falsely represent that they are over 18 years of age to obtain tobacco or smoking products. The maximum penalty for committing this offence is currently a fine of $3096.

Businesses and employers have legal obligations under the TOSP Act to take action to make sure that children cannot access and are not given tobacco products.

Adults are prohibited from smoking in designated smoke-free areas including children’s playgrounds, patrolled beaches, entrances to buildings and near bus, train, ferry or other public transport stops. If an adult smokes in a designated smoke-free area, they may commit an offence and be liable to pay a fine up to $3096.

Tattooing

It is a criminal offence under s 19 of the Summary Offences Act  to tattoo a child. Children cannot legally consent to receiving a tattoo. Parents or guardians also cannot legally provide consent to their children being tattooed. The maximum fine for committing this offence is currently $9288.

Piercing

Children over 16 years of age are able to consent to receiving piercings to non-intimate parts of their body.

It is a criminal offence under s 18 of the Summary Offences Act for someone to pierce the genitalia, anal region, perineum or nipples of any child. Children cannot legally consent to receiving a piercing to those parts of their body. Parents or guardians also cannot legally provide consent to their children receiving piercings to those parts of their body. The maximum fine for committing this offence is currently $9288.

Medicare

Parents are able to enrol their children in Medicare as soon as they are born so that they can access Medicare’s children’s programs. Support that Medicare can give to parents and guardians include dental care and treatment costs, immunisations and eye tests and glasses. Additional support is also available for parents of autistic children and children with disability.

Children will be added to their parent’s Medicare card. Children who are aged 15 years or older are able to get their own Medicare card. If a child does not apply to receive their own Medicare card, they will stay on their parents’ Medicare card. There is no age limit for how long someone can stay on their parents’ Medicare card.

Doctor visits and consent to medical treatment

Children are legally able to visit doctors by themselves without their parents or guardians. If a doctor thinks that a child needs medical treatment, the doctor must seek informed consent from the child. This means that the doctor must be sure that the child understands the medical advice they have given, the consequences of the treatment and any alternative treatments available. The doctor should be sure that the child is able to give consent and should take into account:

  • the child’s age and maturity
  • whether the child is independent or lives at home
  • the seriousness of the treatment
  • whether the child understands the potential side effects or complications of the treatment
  • whether the child understands any bigger consequences such as impacts on their friends or family.

If a doctor thinks that a child cannot give informed consent, they can require the consent of a parent or guardian.

Doctors are generally required to maintain confidentiality of a child’s medical treatment even if a parent or guardian asks for information. There are a limited number of circumstances where a doctor may be legally required to tell other people about a child’s medical treatment, such as where the doctor believes the child is at risk of sexual abuse, emotional or intellectual harm or is not being appropriately cared for, if the child has an infectious disease or the doctor believes that the child might seriously hurt themselves or other people.

For further information, see the chapters on Medical Law and Parents, Children and the Law of this handbook and Queensland Health’s Guide to Informed Decision-making in Healthcare.