This means that the general age of consent is 16. A person aged between 12 and 16 can validly consent to sex with a person who is not more than two years older than him or her. A person aged 18 or older can validly consent to a person in a position of authority over him or her. In this context, the age of consent is 18.. Age of consent laws cannot be considered in isolation from other laws concerning issues such as sexual assault and child sexual abuse. For more information about the legislation concerning sexual assault and child sexual abuse, see Brief Review of Contemporary Sexual Offence and Child Sexual Abuse Legislation in Australia: 2015 Update (Boxall & Fuller, 2016), and the Royal Commission into.

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Current and proposed sexual consent laws in Australia Page 3 About the Law Council of Australia The Law Council of Australia represents the legal profession at the national level, speaks on behalf of its. In New South Wales, Queensland, Victoria, Western Australia, Northern Territory, and the Australian Capital Territory the age of consent is 16 years old. In South Australia and Tasmania, the age of consent is 17 years old. Harsh penalties are imposed across Australia, for those who engage in sexual activity with children and young persons.