During busy periods—especially school holidays—many parents face the difficult decision of whether to leave their child home alone. While this is sometimes unavoidable when childcare options are limited, it’s important to recognise that each child is different. Some children may be more mature, independent, or responsible than others, even at the same age.
Before leaving your child unsupervised, it’s essential to understand the relevant legal requirements, which vary between states and territories. Most jurisdictions do not set a specific minimum age for leaving a child alone. However, the law generally states that parents and carers must not leave a child unattended in circumstances that pose a risk of harm. This includes leaving children home alone or in a car where they may be exposed to danger.
Since children mature at different rates, it is ultimately up to parents to assess whether their child is ready to be left alone. However, this decision carries significant legal responsibility. If a child is harmed or placed at risk while left unsupervised, parents or carers may face serious consequences, including prosecution for neglect, fines, or imprisonment.
Legal Framework
Under Section 494(1) of the Children, Youth and Families Act 2005 (Vic), it is an offence to leave a child unattended for an unreasonable period of time, whether at home, in a car, or elsewhere. The law does not specify a minimum age, reinforcing that parents must exercise judgment based on the child’s maturity and the circumstances.
The maximum penalty for this offence is 25 penalty units, six months’ imprisonment, or both. In more serious cases, parents or carers may also be charged with neglect if it can be shown that the child was placed at significant risk.
Our Advice on Leaving Children Unsupervised
Allowing a child to stay home alone can be a step toward greater independence, but it must be approached with caution. We strongly recommend the following:
- Never leave babies, toddlers, or very young children unattended, as they require constant adult supervision.
- Children under 12 are generally not ready to be left home alone, as they may not have the ability to respond appropriately in an emergency.
- Children under 16 should not be left alone overnight.
- If your child has additional needs or vulnerabilities, these must be carefully considered before leaving them alone or in the care of another child or sibling.
Leaving Children in Cars: A Critical Danger
Children should never be left alone in a car, even for a short period. The temperature inside a vehicle can rise rapidly—often becoming 20 to 30 degrees Celsius hotter than the outside temperature within minutes.
Children are particularly vulnerable to heat-related illnesses, as their bodies heat up much faster than adults’. This can lead to dehydration, heatstroke, organ failure, and even death.
To raise awareness, the Victorian Government has partnered with Kidsafe Australia to deliver public education campaigns about the dangers of leaving children unattended in vehicles.
Need Support?
If you are unsure about whether your child is ready to be left unsupervised, you can contact Parentline Victoria on 1300 301 300. This is a confidential telephone counselling service operated by the Department of Education and Early Childhood Development. They offer guidance and resources to help parents navigate these difficult decisions.
Disclaimer: The information in this article is general in nature and does not constitute legal advice. Every family’s circumstances are different, and legal obligations may vary depending on your location and specific situation. If you are unsure about your legal responsibilities or have concerns about leaving a child unsupervised, we recommend seeking tailored advice from a qualified legal professional.
For further information, visit the Parentline website.
