AMENDMENTS TO THE CHILDREN AND COMMUNITY SERVICES ACT 2004 SECTION 104A BODY PIERCING OF CHILDREN

New provisions for the body piercing of children in the Children and Community Services Act 2004 came into effect on 31 January 2011. The Department for Child Protection and Family Support is responsible for administering this Act.

The new provisions on body piercing (under s.104A) prohibit the piercing of a child under 18 years of age in any intimate area (genitals, nipples, anal area or perineum). A person who carries out this type of piercing on a child under the age of 18 can be fined $18,000 and imprisoned for 18 months. It is not a defence to a charge that the child, or a parent of the child, consented to the body piercing.

Additionally, a child will require the written consent of their parent for all non-intimate body piercings. Non-intimate body piercing means piercing a part of the body including the nose, tongue, face, belly button or other skin surfaces. A person who carries out this type of piercing on a child without written parental consent can be fined $12,000 and imprisoned for one year. The only circumstances where a child does not need their parent’s consent is for ear piercing if the child is aged 16 years or over.

Resources:

• Information Sheet on Section 104A Body Piercing in the Children and Community Services Act 2004
• Frequently Asked Questions for Businesses
• Frequently Asked Questions for Parents
• Consent form
• Poster