Key Points
- Legal age is 18 in Australia for certain things, but the age for entitlements and responsibilities might differ across states and territories.
- Eligibility for social security payments changes at the age of 18 for a young person and their family
- The transition to adulthood is gradual, and social markers, including independent living, are often achieved later in life
Legally, turning 18 means that your parents or guardians no longer have parental responsibility for you.
Kate Richardson is a Senior solicitor at Youth Law Australia, a nation-wide online community service providing free legal information and help to young people under 25.
She explains what differentiates an adult under the law.
As an adult, you're independent. So that means that you're responsible for yourself and your behaviours. While you're under 18 years old, in some situations, the child or young person has reduced capacity under the law.Kate Richardson, Senior solicitor at Youth Law Australia
Legal age and becoming an adult
Across Australia, it becomes compulsory to vote at 18 years. This is also the legal age for gambling, buying cigarettes and purchasing or consuming alcohol in a licensed venue.
Cultural and family practices may vary, but generally in Australia the 18th birthday makes the list of milestone celebrations, followed by one’s 21st and 30th. Credit: Getty Images/BFG Images
“Unless the alcohol is supplied by a parent or guardian, or someone who has been given permission by the parent or guardian.
“There are some small differences across different states and territories, especially about drinking under the supervision of an adult in private premises,” Ms Richardson says.
Steven Roberts is a Professor of Education and Social Justice at Monash University. One of the research areas he specialises in is young people’s transition to adulthood.
He suggests modelling best practice, including drinking responsibly, as one of the ways parents can use to support children in coming-of-age processes.
“They might also want to talk to their kids about finding ways to look out for one another in their friendship group so they can cultivate peer group norms of respect and care. I think moderation and understanding, and communication is a critical thing to undertake at this important juncture.”
Centrelink payment eligibility at 18
A child reaching adulthood can also affect a family’s access to social security benefits.
Hank Jongen, General Manager of Services Australia, explains the , a two-part payment helping parents with the cost of raising children.
Part A is paid for each child and ceases when the child completes Year 12 or an equivalent qualification, while Part B is a payment made per family.
“It really depends on the individual family circumstances, how long Part A and Part B will continue, but they're assessed separately,” Mr Jongen says.
Meeting an income test is among requirements to get the Family Tax Benefit. Credit: Getty Images/Traceydee Photography
But they can still be considered dependent when it comes to assessing payment eligibility, Mr Jongen explains..
Either as a full-time student, or as a job seeker, they are still considered to be dependent until they turn 22. What that means is that we take into account the parents’ income in assessing eligibility,Hank Jongen, General Manager of Services Australia
Mr Jongen encourages those aged 18 to , and then use the information to steer towards the best place to lodge a claim online.
“If English is your second language, and you need some help, you can give us a call on 131 202. It’s a free interpreter service for over 200 languages.”
Young people aged 16 to 24 doinga full time Australian Apprenticeship may be eligible for Youth Allowance. Credit: Getty Images/JohnnyGreig
Transition to adulthood is gradual
While a child becomes an adult at 18 in Australia, the legal age for certain things, like driving, can be younger and differ from state to state.
Prof Roberts says that early entitlements and obligations make the transition to adulthood gradual and sometimes complicated.
“For example, young people aged 16 in some cases can consent to having sex, but they still won’t be able to watch movies that contain explicit sexual material until they’re 18. And then, at 18, young people have an entitlement to a higher minimum wage than when they are 16 or 17 but might not be entitled to the full adult pay rate until they’re 21 years of age.”
Getting a full-time job, independent living or starting a family of one's own are among social markers that have become less common for people aged 18, over the past generation, Prof Roberts says.
It’s common for those social markers of adulthood to be achieved much later, into their 20s, or even 30s.Steven Roberts, Professor of Education and Social Justice at Monash University
Hitting the 18-age mark is not always necessary to do certain things under the law.
Prof Roberts says there are growing numbers of young people who not only delay the attainment of social markers, like getting married, but reject them altogether. Credit: Getty Images/FatCamera
“You don’t necessarily need to be 18 to…
- have sex
- have a job
- have your own bank account
- leave school
- leave home
- be charged with a crime
- get free legal advice without a parent or guardian
- consent to medical treatment”
“For example, a young person can consent to medical treatment under the age of 18 if the doctor thinks that they can understand the advantages and risks of the treatment, and when making this decision, the doctor considers many different factors,” Ms Richardson says.
It is always advisable to check what applies for you or your child based on your specific circumstances, when there is no legislation defining legal age.
At 18 you can get a passport without permission of you parent or guardian. The same applies for under 18s in a range of special circumstances. Credit: Getty Images/MStudioImages
Are you a young person or parent in need of support?
- Resources outlining the rights of young adults can be accessed via
- Some states have specific to youth Legal Services including , the and .
- For nation-wide factsheets on legal problems and advice for young people visit the .
- Parents can find information about how the law applies to children on Australia’s government-funded online parenting resource, .
- For free phone and online counselling to young people aged 5 – 25, call on 1800 55 1800.
