Health, sex and the law

Sex and Consent

Consent is important for all people, of all sexualities, in all kinds of situations. It is never okay for someone to do something sexual to you or in front of you without your consent. There are also some situations where a person can’t give consent. 

In New South Wales new laws about consent started on 1 June 2022. It’s important to know what these laws say and to keep them in mind for any kind of sexual activity. 

If you feel that someone has done something sexual to you without your consent, this is not okay. It may be also be a crime. If you feel that you may have been sexually abused it is best to speak to the Police about this.

For more information about consent, when you need it and what it looks like see, Consent on the Youth Law Australia website.

Age of consent in New South Wales

In NSW, the age of consent is 16. If you are 16 years old and above, you can legally have sex or participate in another sexual activity with another person who is 16 years or older as long as you both agree to it. 

However, even if a person is over 16, it is a crime for a special carer of a young person (like a teacher, foster carer, step parent, religious leader, prison officer, doctor or other health professional that the person is a patient of) to have sex with the young person while they are under 18.

A person who is under the age of 14 can never consent to sexual activity.

Sending sexual pictures over a phone or internet

Sending a photo or video of a person doing a sexual act or showing their genital region without their consent is image-based abuse, and it can be a crime. It is sometimes known as revenge porn.

For more information, see:

• Sexting on the Youth Law Australia website
• Image-based abuse on the Youth Law Australia website
• Sexting on the Legal Aid publications section of this website.

Pornography and the law

It is not illegal for someone who is under 18 to view pornography on the internet. However it is illegal to view pornography if the people in the video are under the age of 18 or appear to be under the age of 18.

Child pornography, because of its harm to children, has its own set of rules. Child pornography is defined as a photo, video or other images that shows someone under 18 engaging in sexual activity or depicted in a sexual way e.g. nudity or posing sexually.

It is against the law to ask for, make, send or have child pornography – even if it’s just a picture of you or someone you know.  

For more information, see Porn and the law on the Youth Law Australia website.

Pregnancy

Pregnancy can be confusing and scary, particularly for a young person.

If you are pregnant and would like to understand your legal rights and options, or if you know someone in this position, see Pregnancy and abortion on the Youth Law Australia website.

Last updated: May 2026