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Legal age to babysit

There is no law that says how old a child must be to babysit. Parents are expected to make their own decisions and in doing so the only guidance the law provides is that they make make reasonable decisions about their children’s safety.

What is reasonable will depend on:

  • each individual family's circumstances
  • the age and maturity of the child who will be babysitting
  • any other factors that might be relevant (e.g. whether the child or children being cared for have special needs, such as requiring monitoring of medication).

What the law does say about parent’s responsibilities towards children

  • Parents are responsible for the care, welfare and development of their children [Family Law Act 1975 (Cth)]
  • it is an offence for a parent to leave their children in a dangerous situation or leave them unfed, without clothing or accommodation [Criminal Law Consolidation Act 1935 (SA) ss 14 and 30]
  • the Police and the Department for Child Protection have the power to remove children and young people from their parents if necessary to protect them from suffering serious harm [Children and Young People (Safety) Act 2017 (SA) s 41]

Who is responsible if a child under 18 is babysitting and something goes wrong?

Where a child under the age of 18 is left to babysit and the issue of negligence or liability arises, it is likely that the parent or parents of the children being babysat will be held liable for the carer in addition to the children being cared for. Where a child under the age of 18 is left in charge of younger children, they will not be judged by the same standards as an adult.

There are a number of questions parents need to ask themselves before deciding whether to allow older children to babysit younger children and excellent resources are located on the Parenting SA website including a guide called Home Alone.

Legal age to babysit  :  Last Revised: Sun Oct 21st 2018
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.