Child car restraint legislation

A summary of the changes are:

Types of restraints

• Children from birth up to the age of six months must be in a rearward facing restraint.
• Children from six months up to the age of four years must be in either a rearward or forward facing restraint with an internal five point harness.
• Children from four years up to the age of seven years must be restrained in either a forward facing restraint with an inbuilt harness or booster seat restrainted by a lap sash seat belt or child safety harness. 

Seating positions

• Children under four years are not allowed to sit in the front seat of a vehicle if the vehicle has at least two rows of seats.
• Children aged between four and up to seven years are not permitted to sit in front seats of a vehicle, unless all rear seating positions are occupied by children less than seven years of age.  

Children who are outside weight / size guidelines for existing restraints and are to use the restraint type for the next age group. 

Click here for Frequently Asked Questions - child car restraint legislation

What is the best restraint to buy?

All restraints must meet the Australian Standard - AS 1754. Just because a restraint is expensive does not mean it will perform better in a crash. You need to buy a restraint that will fit in your car when it's in the rearward facing position without the person sitting in front of it being pushed too close to the dashboard. You want one that can be installed with minimum movement on the seat. If you have to move the seat frequently you want one that is light and easy to install correctly every time.

When can I move my baby into a forward facing seat?

Movement of a baby from rearward facing to forward facing earlier than required is not encouraged. A rearward facing infant restraint should be used until the baby is six months old, and ideallly until the upper weight limit of the restraint in the rearward mode of either nine or twelve kilograms is reached. It should be noted that the harness straps need to be moved to different slot positions as the baby grows. In a rearward facing restraint, the harness straps must be a maximum of 25mm above or level with the baby's shoulders, not below.

When can I move my child into a booster seat?

Forward facing car seats with five point internal harness'should be used by children weighing from 8 to 18 kilograms (approximately six months to four years), children exceeding 18 kilograms should be moved to a booster. When the child's eye level is the same as the top of the back of the restraint, the child should be moved to a booster as the protection provided for the head is no longer sufficient. A child of the age of four years, can use a booster from 14 kilograms and must be restrained in a booster seat from 18 kilograms. Unlike a rearward facing restraint, it is ok for the harness straps of a forward facing child car seat to range from 25 millimetres below or above the child's shoulders. When buying a booster, it is recommended that buyers choose one that has a back, a firm base and side wings, with a sash guide to position the seat belt correctly on the occupant's shoulder, as well as a anti submarining clip.

Can I put my two year old in a booster?

Booster seats are designed for children between the ages of four and seven years and weighing between 14 and 26 kilograms. Some two year olds weigh 14 kilograms, however they cannot use a booster until reaching 18 kilograms. Once a child reached 18 kilograms, they exceed the weight limit for a forward facing restraint with a five point inbuilt harness, and at this stage need to use a booster seat.

What is a combination seat?

There is a recent addition to the range of suitable restraints for children weighing 8 to 26 kilos. It is a combination of a car seat and a booster seat. It attaches to the vehicle with a tether strap and has a harness. The child uses the harness until he or she weighs 18 kilos. Then the harness tucks away inside the restraint and the lap sash seat belt is used as in an ordinary booster.

When can I move my child to an adult seat belt without a booster?

A booster should be used until EITHER: the child is seven years of age OR the child weighs 26 kilograms. A recent addition commercially available, is a booster seat with no upper weight limit, this is an option for children exceeding the 26 kilogram weight limit. To tell whether the adult seat belt fits a child, the child needs to be placed in the chosen seating position and check that the sash part of the seat belt sits flat on the shoulder and does not come in contact with the child's face or neck. Lap sash seat belts offer far greater protection than lap only belts. Because children are far more fragile than adults, putting them in a position that has a lap belt only should be avoided. When fitted correctly a lap sash seat belt does not come into contact with the face or neck.

When can a child sit in the front seat?

It is not safe nor is it recommended that a child sit in the front seat of a vehicle. Children from birth to four years can not travel in the front seat of a vehicle with two or more rows of seats, however if the vehicle does not have a rear row, this does not apply. Rearward facing restraints cannot be used in a front seat where there is a passenger airbag. Children from four years to seven years are not allowed to travel in the front seat of a vehicle with two or more rows of seats, unless all the other seats are already occupied by children under seven years of age. Remember that every child travelling in the vehicle should be restrained by an appropriate child car restraint.

Can I use a restraint from overseas?

Only restraints that meet the Australian Standard for child restraints can be used legally in Western Australia. It is also illegal to sell or hire restraints that do not meet at least the 1991 version of this standard. Australian Standard restraints can be identified in two major ways. Firstly they all fasten to the vehicle not only by means of the seat belt, but also by means of a tether strap that is attached to an anchor fitting bolted into and anchorage point in the vehicle. Secondly, they carry an Australian Standards Mark sticker marked AS 1754. This sticker is a guarantee that the product will provide the best protection possible from injury in a crash if it is correctly installed and used.

What if a restraint has been in a crash?

The Standard for Child Restraints, AS 1754, requires manufacturers to include in their restraint instruction booklets the words: "Destroy the restraint if it has been in a severe crash, even if no damage is visible." A severe crash is one where the body structure of the vehicle has been distorted. 

Are second hand restraints safe?

If you are considering purchasing a second hand restraint, you need to be assured of the history of the restraint and that it has not been involved in a crash. If you cannot be assured of the restraint history, it would be unwise to purchase a second hand restraint.

How do I know if my car has anchor points for a child car restraint?

The best way to check if your car has anchor points for a child car restraint is to check the car owner's manual. The index will list child car restraints and you can then check where the anchorage points are in your vehicle. As a quick guide most sedans manufactured after 1st July 1976, station wagons manufactured after 1st January 1977, light passenger vans (up to 12 seats) manufactured after January 1986, 4WDs manufactured after July 1990 and some late model commercial vehicles and utes are likely to have child car restraint anchorage points. If in doubt it is recommended to call the vehicle manufacturer for anchorage point locations.

What if I am travelling in a taxi?

Some taxis have restraints available but you will need to book them. Alternatively you can take your own restraint or hire one to take in the taxi.