New “position of authority” sexual offences
Queensland Teachers' Journal, Vol 131 No 3, 22 May 2026, page no.25
From 20 September 2025, new criminal offences commenced in Queensland that make it illegal for certain adults, including teachers, deputy principals, principals, and potentially other school staff as well, to engage in sexual acts or sexual relationships with young people aged 16 or 17 who are under their care, supervision or authority.
These reforms passed Parliament in 2024 under the Criminal Justice Legislation (Sexual Violence and Other Matters) Amendment Act 2024, criminalising relationships with students even if they are over the legal age of consent.
The law reinforces the Union’s long-held position that any sexual relationship between a staff member and a student is inappropriate and unacceptable.
What the law says
The new offence, inserted as section 210A of the Criminal Code, makes it a crime for an adult in a position of care, supervision, or authority to engage in sexual activity with a young person aged 16 or 17 under their care. This applies even if the young person consents to the sexual activity. Consent is no longer a defence where an adult holds such a position of authority.
In addition, amendments to section 229B of the Criminal Code extend the offence of maintaining a sexual relationship with a child to cover sexual activity with 16 and 17-year-olds where the adult is in a position of care, supervision, or authority.
The maximum penalty for a single offence under section 210A is up to 14 years’ imprisonment, while the penalty for maintaining a sexual relationship (section 229B) can be life imprisonment.
Who is considered to hold a “position of authority”?
The legislation requires courts to interpret the term “position of care, supervision, or authority” broadly. It covers any adult who has influence, trust or power over a young person. Examples include:
- teachers, deputy principals and principals
- sports coaches or trainers
- faith leaders and youth group supervisors
- health practitioners
- residential care workers and carers.
In a school setting, the Criminal Code makes clear that teachers and school leaders are regarded as being in a position of authority in relation to all students enrolled at their school. It is also likely that other school employees such as teacher aides, administrative officers, and support staff will be regarded as holding a position of authority under the Criminal Code. This is because these roles often involve responsibilities for student supervision, welfare, or the exercise of trust and influence within the school environment.
The new offence prohibits sexual activity with a student until they turn 18 years of age. The Union advises members to assume the offence continues to apply up to the student’s 18th birthday, even if the student has left the school before that time.
Importantly, the law does not require proof that the adult actually misused their authority — the existence of the relationship of authority itself is enough to trigger the offence.
Defences and exceptions
The legislation provides limited defences, including:
- the adult reasonably believed the young person was 18 years or older
- the adult and young person are legally married
- in some cases, where the adult is no more than three years older than the young person and the relationship does not amount to exploitation.
These defences are narrowly framed and would rarely apply in an educational context.
Why these laws were introduced
The reforms implement recommendations from the Women’s Safety and Justice Taskforce and the Royal Commission into Institutional Responses to Child Sexual Abuse. Both inquiries highlighted the power imbalance that exists when adults in positions of authority form sexual relationships with young people who are still under their supervision or care.
Prior to these changes, the law did not prohibit such relationships once the young person turned 16, the general age of consent in Queensland. The new offences now align Queensland with other Australian jurisdictions that recognise the vulnerability of young people in institutional and authority-based relationships.
Impacts on professional registration
These new offences have been added to the list of “disqualifying offences” for the purposes of Queensland College of Teachers registration and eligibility to hold a Blue Card.
What this means for schools
For educators, the message is clear:
- sexual activity with a student aged 16 or 17 is a serious criminal offence
- consent is irrelevant in these circumstances.
This is an important reform that underscores the professional and ethical responsibilities of those working with young people. It is also a timely reminder that maintaining clear, professional boundaries is not only a matter of conduct — it is now a matter of law.