In Queensland, leaving a child under 12 unattended could land you in court — even if it’s just for 15 minutes.
Yes, you read that right.
Many parents assume there’s a magic number — an age when it suddenly becomes legal to leave your child home alone. But in Queensland, it’s not that simple. And if you're not across the law, you could unintentionally find yourself on the wrong side of it.
As family law specialists at Collier Family Lawyers Cairns, we’ve seen the confusion — and consequences — firsthand. So let’s break it down.
Technically, yes. Section 364A of the Queensland Criminal Code states:
"A person who leaves a child under 12 unattended for an unreasonable time without making reasonable provision for the supervision and care of the child commits a misdemeanour."
The key word here is unreasonable. It's vague on purpose — the law gives flexibility to consider the child’s maturity, the situation, and how long they're left alone. But make no mistake: if you're investigated, the burden is on you to prove that it wasn’t reckless.
Maybe. Maybe not.
The law doesn’t give a black-and-white answer, which means the decision comes down to context — and sometimes, a judge’s interpretation. Think about these factors:
If something were to go wrong, would you feel confident justifying your decision in court? If you hesitated even slightly, that’s your cue to reconsider.
Once a child turns 12, the law technically no longer applies in the same way — but don't relax too quickly.
Parents still have a duty of care, and that means assessing whether your teen is capable of handling time alone responsibly. A 13-year-old who’s anxious or has special needs may not cope well, whereas a mature 12-year-old might be fine for short periods.
Use common sense, and when in doubt, document your reasoning. It could be crucial if you're ever questioned.
Unfortunately, yes.
We’ve worked with parents who meant no harm — running late from work, stuck in traffic, or believing their child was old enough to be trusted alone. But if police are called or a report is made, the consequences can be serious.
You could face:
This is why knowing the law and applying it cautiously is so important.
Here’s what we advise parents across Cairns:
If you're separated, in a custody dispute, or already involved with child protection services, you need to tread very carefully. These cases are sensitive — and the home alone issue can become a battleground.
The team at Collier Family Lawyers Cairns has helped dozens of families navigate exactly these kinds of challenges. Whether you're trying to protect your parenting rights or just want clarity, it’s worth getting professional guidance early.
You’ll feel heard. You’ll feel prepared.
Leaving your child home alone isn’t just a parenting milestone. In Queensland, it’s a legal decision that carries real consequences.
If you’re ever in doubt — pause, plan, and ask for help. The risk isn’t worth the guesswork.