Car Seat Laws Australia – Booster seats explained

What are the car seat laws in Australia?  

Since they were made mandatory in the 1980s, children’s car seats laws have made travelling by car significantly safer for kids.  

In 2019, a NSW Ombudsman report found that a third of children who died on the state’s roads probably would have survived, had they been in a car seat or wearing a seat belt.  

Here we talk through what the car seat laws are in Australia and their penalties, car seat safety and how we can help if you’re involved in a car accident with a child. 

Car seat safety Australia 

Child seat laws across Australia are based on the model Australian Road Rules — the actual enforcement of the laws is done by the state and territories.  

Australian kids car seat rules 

• When can babies face forward in car seats in Australia? In Australia, children under 6 months old must use a rear facing child restraint. Once they reach 6 months, they can use a forward-facing restraint. This is because a rear facing restraint offers better support to the child’s head and neck in severe frontal crashes. They cannot travel in the front seat if the vehicle has two or more rows of seats.  

• Booster seat or car seat for a 6-year-old? Booster seat age is between 4 and 7. At this age a child can sit in an approved forward facing child restraint or booster seat.  

• What is the legal age for sitting in the front seat? A child aged 7 and above may sit in the front seat provided all other seats are occupied by children younger than 7 years old. The largest child should sit in the front in an approved restraint or booster.  

• When can a child be out of a car seat? Children older than 7 can move out of a car seat and use the vehicle’s seat belt. They may also choose to continue to use their child seat. However, they should be taller than 145 cm before making the switch. 

• When can a child use a seat belt? Seat Belts are designed for adults and aren’t recommended for people under 145cm tall. This advice isn’t well followed in Australia — the average age a child transitions to a seat belt in New South Wales is only 5.6 years old. Until a child reaches 145 cm tall, it’s safer for them to remain in a child restraint or booster seat. 

• What are car seat guidelines in Australia? All jurisdictions require children’s car seats meet the compulsory sections of the Australian and New Zealand Standard AS/NZS 1754.  

• What is the height requirement for a booster seat? There's no set height requirement for your child to move out of a car seat and into a booster seat. But  

• if your child outgrows the child restraint specified for their age, they should move to the next age level. If your child isn’t big enough for restraint specified for their age, you should keep them at the previous level.  

What are the penalties for breaching car seat rules in Australia? 

If you fail to comply with seat belt and child seat laws, you risk being fined as well as your child’s safety.  

• Penalty for breaching car seat rules QLD – you may be fined $1,161 and incur 4 demerit points for each child that is not properly restrained in a properly installed and fastened car seat. 

• Penalty for breaching car seat rules NSW – breaching car seat rules in NSW attracts a fine of up to $2,200. 

• Penalty for breaching car seat rules ACT – failure to comply with all child seat requirements is a serious offence. Breaching them could lead to a substantial fine as well as demerit points. 

• Penalty for breaching car seat rules Victoria – in Victoria if you don’t comply with all child car seat requirements you are liable for a fine and demerit points as the driver. 

• Penalty for breaching car seat rules SA – in South Australia the driver is responsible for ensuring all passengers are properly restrained and that includes car seat use. Penalties include expiation fees and demerit points. 

• Penalty for breaching car seat rules TAS – if you don't have your child in a correctly fitted car seat it could cost you a $350 fine and 3 demerit points. 

• Penalty for breaching car seat rules WA – in Western Australia if your child is not restrained in the right type of car restraint, properly fitted, you could be fined $550 fine and four demerit points. 

• Penalty for breaching car seat rules NT – in the Northern Territory the penalty for not having your child restrained in a proper car seat is $480 (plus a $20 Victims of Crime levy) and three demerit points per child. 

How long do car seats last? 

There’s no specific law in place around the age of car seats. However, over the long term, modern child restraints and boosters in Australia typically have an expiration date — usually 10 years after manufacture.  

While this isn’t enforced by law, it’s recommended you replace seats after they expire due to the risk of failure increasing as the materials in the seat degrade over time. Like cars, child car seat technology continues to improve. So, a newer seat is likely to offer safety improvements in its construction and design.  

Replacing a car seat after an accident  

If you’ve been involved in a car accident, the safest choice is to always replace your child’s car seat. Damage to the booster may not be visible but have impacted the integrity of the seat and may fail if placed under the stress of another accident.  

Besides the safety concerns, your insurance company may require you to replace your car seats to ensure your policy remains valid. Some insurers offer to cover the cost of replacements — consult your policy documents for more information.  

Shine Lawyers — here to help

If you or a loved one have been involved in a motor vehicle accident, our expert compensation claim experts can help. We offer a free, no-obligation consultation to discuss your legal rights and entitlements, including through your superannuation.  

If you’d like to tell us your story, contact us online or over the phone today.