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What You Need to Know About Baby & Child Seat Laws
Updated 11 Dec 2024
Jason Unrau
When travelling by car, the safest spot for a young child is undoubtedly the back seat. While this might seem like common sense to many, it's important to remember that specific laws are in place to protect your children in the event of an accident. So, when is it safe for your child to sit in the front seat? Let's explore that together.
Each Australian state and territory has its regulations regarding the type of car seat required for children from birth to 16 years old. Be sure to review your local laws using the links provided at the end of this article.
Now, let's delve into the general laws to help you make informed decisions about your child's safety.
Baby Seats
A newborn should always be securely fastened in a rear-facing child seat, such as an infant capsule or a convertible car seat designed specifically for infants. This seat must be installed in the back seat, ideally on the left-hand passenger side, which is safest for transferring your baby in and out of the car when parked on the roadside.
Ensure that the baby seat is properly installed and adjusted using a five or six-point harness. Keep your child in a rear-facing seat until they outgrow it. Legally, they must remain rear-facing until at least six months old, but research indicates that extended use of a rear-facing seat is beneficial. Even two-year-olds can safely ride in rear-facing seats, provided they do not exceed the seat manufacturer's size specifications.
Young Children
Children aged six months to four years must ride in the back seat, secured in an approved child restraint with an inbuilt harness. This means using a forward or rear-facing seat with a five or six-point harness.
Once your child turns four, they are no longer required to use a seat with an inbuilt harness. However, for maximum safety, continue using an approved forward-facing child restraint with a harness. Alternatively, you can opt for an approved booster seat with a properly adjusted seatbelt.
It's advisable to keep using the child safety seat until your child outgrows it. As a parent, it's your responsibility to enforce safe car practices until you're confident your child is ready to move on.
Children under four years must not travel in the front seat if the vehicle has two or more rows.
School Age Kids
Children aged four to seven should not sit in the front seat unless all back seats are occupied by children under seven. In such cases, a child can sit in the front using an approved booster seat with a properly fastened and adjusted seatbelt.
When travelling in the back seat, children in this age group may use a lap-sash seatbelt, but the safest option is a booster seat paired with an adjusted seatbelt. This combination elevates your child so that the seatbelt rests across their shoulder, not their neck or face, providing greater safety in the event of sudden stops or accidents. Plus, it offers more comfort!
Kids Aged 7 Years & Older
Children aged seven and older may legally ride in the front seat, but it's safest for them to stay in the back seat as long as possible. In a collision, airbags can pose a significant risk to young bodies, even with a booster seat and seatbelt.
For maximum safety, your child should use a booster seat as long as they fit in it properly. Booster seats help position the seatbelt correctly, minimizing the risk of preventable injuries, like neck injuries.
Most car manufacturers advise that front seat passengers be at least 12 years old. If space allows, keeping kids in the back seat until then is advisable.
While children might resist, compliance with child restraint laws is crucial. Ignoring these requirements can lead to hefty fines and demerit points.
As a parent, you understand what's best for your child. Just like they need to eat their veggies, they need to ride safely.
Written By
Jason Unrau
Jason is a Canadian automotive content writer with a background in the auto service industry, but he’s been hooked on cars and mechanics since childhood.
One of his first cars was an ’80 Mazda RX-7 that’s sorely missed to this day. A ’68 Ford Torino GT, a ’66 Ford Country Squire Woodie station wagon, and a ’96 Suzuki GSX-R 750 have spent time in his fleet of cars, bikes, and trucks over the past two decades.
Jason’s pride and joy is under construction – a turbocharged ’88 Mazda RX-7 convertible. Also on his resume is CASCAR official certification.