Child restraint laws

Child restraint laws ensure we are all on the same page when it comes to the safety for our child when we are travelling in a vehicle.

We all want what is best and safest for our children including when travelling in the car. There are so may different varieties of car restraints to choose from with over 200 varieties.

All Australian car seats must all adhere to the standard.

We must abide by the law when travelling with a child.

Australia has one of the most stringent child restraint standards in the world.

The standard means that every car seat in Australia must comply with the standard. The standard cover materials, design, construction, performance, testing and labeling.

All child car seats must meet the Australian Standard AS/NZS 1754

Overseas car restraints generally are not compliant with the Australian Standard. You will need to ensure if you travel or use an overseas model that it does comply with the Australian Law.

Child restraint laws are based on age (rather than by height or weight).

However, a child’s height and weight are still important to consider when making a choice about the right restraint or booster seat.

All children must be safely fastened into the right restraint for their age and size. If a child is too small to advance to the next level of restraint they must stay in the restraint that is suitable for them.

Equally if a child is too large for the restraint specified for their age then they must progress to the next age group restraint.

An adult seat belt won’t fit a child properly until they are at least 145 cm tall.

Children should remain in a booster seat until they can wear a seat belt safely.

In 2010, weight guidelines were replaced with shoulder height markers on restraints. The height marker assists in determining when your child should progress to the next car restraint.

There are penalties that apply for not adhering to the law.

• Children younger than 6 months must be secured correctly fitted rearward facing restraint.
• Children aged 6 months – 4 years must be secured in either a rearward or forward facing, correctly installed restraint with a built in harness. Children under 4 years cannot travel in the front seat of a vehicle with two or more rows.
• Children aged 4 years – 7 years must be secured in forward facing child restraint or approved booster seat. Children aged 4 years – 7 years cannot travel in the front seat of a vehicle with two or more rows. If all other seats, aside from the front seat are occupied by other children under the age of 7 years, then a child between 4-7 years may travel in the front seat provided they are restrained in the correct seat but only if all other seats are taken. Children are safest when travelling in the back seat of a car.
• Children 7+ but under 16 years who are small for their age need to be restrained with the seat belt adjusted correctly or they must use an approved booster seat.
• A child in a booster seat must be restrained correctly with a suitable lap and sash seat belt or a child harness to ensure they are secured.
• Exemptions from these laws are when you are traveling in a bus or a taxi.
• Booster seats that are integrated into the vehicle by the vehicle’s manufacturer meet the legal requirements for a booster seat.
• A ‘H’ harness is to be used with a booster seat. Harnesses are suitable for children weighing between 14 and 32 kg. H harnesses must be used in conjunction with the top tether and vehicle’s anchor point.
• In vehicles with seat belts but no anchor points, under the law, children under four years are not permitted to travel in the vehicle as the required child restraint cannot be appropriately fitted. Children aged between four and up to seven years are permitted provided the booster seat being used does not require anchorage via a tether strap. You cannot use a booster and a lap only belt. The law requires booster seats with a lap only seat belt to be used in conjunction with a harness that requires an anchor point.

An approved child restraint will display the Australian Standard sticker with the tick showing approval.

Only use a child restraint less than 10 years old.

Seats older than 10 years can not be guaranteed to perform as originally intended at the date of manufacture.

It is possible to continue to use your existing restraint provided it complies with AS/NZS 1754:1991 or newer.

 0-6 months                                                  6-12 months                                                   1-4 years                                                            4-7 years