Sexual activity with young people aged 16 to 17

Position of authority

Power comes with responsibility, not permission.

An adult is in a position of authority when they have influence, trust and power over a young person.

It includes adults in positions such as:

• teachers
• sports coaches
• bosses
• faith leaders
• residential care workers
• health practitioners
• carers.

There are other positions not in this list that may still be considered positions of authority. For example, a teacher is deemed to have a child in their care, supervision or authority, but a teacher aide may also hold this responsibility.

Penalties

Adults who cross this line face very serious jail time.

There are penalties of up to:

• 14 years in prison for a single offence
• life in prison for repeated unlawful sexual conduct with a child.

Consent is not a defence

Even if they say yes, the law says no.

The existence of care, supervision or authority over a 16- or 17-year-old makes the conduct unlawful.

Exceptions

The law is fair and doesn’t stop genuine close-in-age relationships, but it does stop adults in positions of care, supervision or authority misusing their position.

The following exceptions apply to this offence:

• lawful marriage
• close-in-age defences
• reasonable belief the person was 18.

Why this became an offence

Young people deserve to be safe. These changes close gaps in the law and bring Queensland into line with other states.

These reforms implement recommendations from the:

• Royal Commission into Institutional Responses to Child Sexual Abuse
• Women’s Safety and Justice Taskforce.

These changes are outlined in section 210A and section 229B(1A) of the Criminal Code. They were introduced under the Criminal Justice Legislation (Sexual Violence and Other Matters) Amendment Act 2024.

Stakeholder resources

View or download the stakeholder kit which includes:

• community posters
• social media tiles
• carousel tiles.