Child Restraint Laws: Australia's Safety Focus For Children

Child restraints have been a legal requirement in Australia for decades, but the laws surrounding them have changed over time. In 2005, 72 child passengers under the age of 16 were killed in motor vehicle accidents in Australia, accounting for about two-thirds of all road user deaths in this age group. Today, all children under a certain age are required by law to be restrained in an approved child car seat or booster seat when travelling in a vehicle. The type of restraint and the requirements vary depending on the age of the child.

Child restraints for children under 6 months

In Australia, child restraints have been a legal requirement for decades. While I cannot find the exact date when this law was introduced, I can provide you with detailed information on the requirements for child restraints for children under 6 months.

In Australia, children under 6 months of age must be secured in a rearward-facing child restraint. This restraint must be properly fitted and adjusted, meeting the Australian Standard (AS/NZS 1754) and featuring a Standards Approved Certification sticker. It must be used in accordance with the manufacturer's specifications and attached securely to an anchorage point and seatbelt as specified. It is the driver's responsibility to ensure that children under 7 years of age are secured by an approved child restraint suitable for their age and size.

The restraint must be maintained in sound condition and working order. It is recommended to use a restraint that is less than 10 years old, as the restraint will have a sticker showing its approval and a date stamp for when it was manufactured. If you are using a second-hand restraint, make sure to get a copy of the manufacturer's instructions to understand how to use it safely.

For vehicles with two or more rows of seats, children under 6 months must not travel in the front seat. However, if your vehicle has only one row of seats, such as a ute or van, a rearward-facing child restraint can be used in the front seat as long as there are no airbags in that position and an anchorage point is available. Using a rearward-facing restraint in a front seat equipped with an airbag is extremely dangerous and illegal.

Child restraints for children 6 months to 4 years old

In Australia, children aged between 6 months and 4 years must be placed in an approved child restraint that is properly adjusted, fastened, and suitable for their age and size. This child restraint may be rear-facing or forward-facing with a built-in harness. It is recommended that children remain in a rear-facing restraint for as long as their size allows.

The child restraint must meet the Australian/New Zealand Standard AS/NZS 1754 and be labelled accordingly. It must also be correctly installed according to the manufacturer's instructions and properly adjusted and fastened to fit the child. It is recommended that child car seats are fitted by an authorised restraint fitter or at an authorised restraint fitting station.

When installing a child restraint, it is important to check the car manual to find the correct anchorage points. If your car has ISOFIX low anchorage points, you can use the seatbelt to anchor the car seat. Otherwise, check the car seat manual. Position the car seat snugly and attach it using the seatbelt or ISOFIX straps (not both). Push down on the car seat while pulling the straps tight. Attach the top tether strap to the top tether strap anchorage point and tighten.

The car seat's harness should be in the harness slot just above the child's shoulders and should not be twisted. Make sure the harness is adjusted to the height of the child and regularly check and adjust the harness and headrest positions as the child grows.

Children under 4 years of age must not sit in the front seat of a vehicle that has two or more rows of seats. They can sit in the front seat of a vehicle with only one row of seats, but must use an approved child restraint suitable for their age and size.

Child restraints for children 4 to 7 years old

In Australia, children between the ages of 4 and 7 years old must be restrained in a properly fastened and adjusted Australian Standard (AS) approved child restraint. This applies to drivers of rental vehicles and those who have purchased restraints overseas as well. The restraint must meet the Australian/New Zealand Standard AS/NZS 1754 to be approved and will feature a Standards Approved Certification sticker. It must be used and fitted in accordance with the manufacturer's specifications and be securely attached to an anchorage point and seatbelt as specified. It should also be maintained in sound condition and working order.

Children in this age group must not travel in the front seat of a vehicle that has two or more rows of seats, unless all the other seats in the back row are occupied by children under 7 years old or if it is impossible to fit a third restraint. In vehicles with airbags in the front seat, always follow the vehicle manufacturer's instructions. Most vehicle manufacturers will warn against placing children under the age of 12 in a position fitted with an airbag, and these warnings should be adhered to.

If a child is not in an approved child restraint that is properly fastened and adjusted, the driver may be fined $1,209 and incur 4 demerit points for each child that is not properly restrained. Double demerit points apply for second or subsequent child restraint or seatbelt offences committed within 1 year after an earlier offence.

Child restraints for children 7 to 16 years old

In Australia, children aged 7 and above who are too small to use a seatbelt should use an approved child restraint or booster seat. This means that if your child is 7 years old or older and they are shorter than 145cm (the suggested minimum height for using a seatbelt), they should use a forward-facing child seat with an in-built harness, an approved booster seat, or an approved child safety harness in conjunction with the vehicle's seatbelt.

It is important to ensure that the child restraint or booster seat is properly fitted according to the manufacturer's instructions. This includes adjusting the seat tightly and attaching it to an anchorage point designed for a child car seat. It is recommended that child car seats are fitted by an authorised restraint fitter or at an authorised restraint fitting station. Booster seats must be used with either a standard lap-and-sash type seatbelt or an approved child safety harness. They should never be used with a lap seatbelt alone. Booster seats heavier than 2kg must be anchored to an anchorage point.

Children aged 7 and above should not sit in the front seat of a vehicle with two or more rows of seats unless all the other seats in the back row are occupied by children younger than 7 years. They must use an approved child car seat suitable for their age and size.

If your child is too small for the child restraint specified for their age, they should be kept in their current child restraint until it is safe for them to move to the next level. If your child is too large for the child restraint specified for their age, they may move to the next level of child restraint.

Child restraint laws for children with disabilities

In Australia, child restraint laws are in place to ensure the safety of children travelling in vehicles. These laws require children up to 7 years of age to be restrained in an approved child restraint system that suits their age, size, and height. While these laws are comprehensive, there are specific considerations for children with disabilities.

Exemptions for Children with Disabilities

Children under 7 years of age who have a medical condition or disability are allowed to use alternative child restraints designed for them. To do so, they must carry a certificate from a doctor stating that they can use the alternative restraint. This exemption considers the unique needs of children with disabilities, ensuring their comfort and security while still prioritising their safety.

Special Purpose Restraints

Some children with disabilities or medical conditions may find it uncomfortable or insecure to use standard seatbelts or child restraints. In such cases, a special purpose child restraint may be more suitable. These restraints must comply with the AS/NZS 4370:2013 standard, which was designed with the safety of children with disabilities in mind.

To use a special purpose restraint in Western Australia, the following criteria must be met:

• The restraint must be prescribed for the child under AS/NZS 4370.
• The restraint must be correctly installed according to the instructions in the 'advice to parent' form.
• The child must be properly secured in the restraint as detailed in the 'advice to parent' form or manufacturer's instructions, which may include the use of a vehicle seatbelt.
• The driver must carry the 'advice to parent' form and a certificate confirming the diagnosis, and be prepared to present them when requested.

Additional Information

The Mobility and Accessibility for Children and Adults Ltd. (MACA) is a registered charity that provides valuable information and guidance on special purpose car seats, seatbelt buckle covers, and compliance with road laws and vehicle standards in Western Australia. They are a dedicated resource for families with children who have disabilities or medical conditions.

It is important to note that child restraint laws vary slightly between states in Australia, and the information provided here primarily focuses on Western Australia. For specific details regarding other states, it is recommended to refer to their respective government websites.

Frequently asked questions