In Queensland, children under 7 years of age must be secured in an age-appropriate and approved car seat, booster seat, or restraint. Infants under 6 months must be in a rear-facing car seat. These child restraint laws are set under the Queensland Road Rules and are designed to reduce the severity of injuries in a motor vehicle accident.

Failure to comply with these laws may not only lead to fines but can also impact a personal injury claim. If a child is injured and wasn’t properly restrained, this may affect the outcome of a car accident injury claim—even if another driver caused the crash.

In serious vehicle accidents involving children, law firms like Trilby Misso Lawyers regularly see cases where the type or fit of the child restraint has legal implications. Understanding the rules before a crash occurs is vital.

This guide is for parents, carers, and anyone transporting children who want to understand their legal responsibilities, avoid penalties, and protect their rights in the event of a motor vehicle accident. It also covers how personal injury lawyers Brisbane may assess claims involving children—and why using a legally compliant restraint is not just a safety issue, but a legal one too.

Queensland Child Safety Restraint Laws: What Parents Must Know

If you’re transporting children in Queensland, understanding car seat and booster seat laws is essential — not only for your child’s safety but also to meet legal requirements. Under the Queensland Road Rules, children must be secured in an Australian Standard AS/NZS 1754-approved restraint that’s appropriate for their age and size.

Legal Requirements: QLD Child Restraint Age & Size Rules for Car Seats, Boosters, and Seat Belts

Below is a summary of the legal car seat requirements in QLD, along with best practice safety advice recommended by government and road safety experts:

Queensland Child Restraint Laws by Age

Age Range	Legal Requirement (QLD Road Rules)	Best Practice (Safety Recommendation)
Under 6 months	Rear-facing car seat only	Keep rear-facing as long as child fits height markers
6 months – under 4	Rear-facing or forward-facing with inbuilt harness	Rear-facing if child still fits safely (based on height markers)
4 – under 7 years	Forward-facing seat with harness OR booster with seatbelt/harness	Booster with top tether preferred for better upper body protection
7 years and older	Adult seatbelt if properly fitting	Continue booster if under 145cm or seatbelt doesn’t fit correctly

Important: It’s illegal for a child under 4 to sit in the front seat of any vehicle with more than one row. Children aged 4–7 can only sit in the front seat if all rear seats are occupied by younger children in approved restraints.

What Does ‘Properly Fitted’ Mean?

Using the right seat is just part of the law — correct installation and adjustment are also crucial.

A restraint is properly fitted if it:

• Meets the Australian Standard AS/NZS 1754

• Is installed correctly (preferably by an accredited fitter such as RACQ or Kidsafe)

• Suits the child’s height and weight

• Has harnesses and seatbelts adjusted snugly for every trip

Even at low speeds, an incorrectly fitted restraint can fail during a collision. That’s why professional installation is strongly advised, especially in Brisbane where free or low-cost fitting services are available.

Why Legal Compliance Matters for Car Accident Compensation

When a child is injured in a motor vehicle accident, insurers and lawyers will often examine whether the correct restraint was used. If the child was not properly restrained, the insurer may argue contributory negligence, reducing your car accident injury claim.

Real-world example:
A Brisbane family was involved in a rear-end crash. Their 5-year-old child, restrained only by an adult seatbelt instead of a booster, sustained abdominal injuries. Despite the other driver being at fault, compensation was reduced due to failure to comply with child restraint laws QLD.

💡 Tip: Always keep records of restraint installation, receipts, and manuals. These documents can support your claim.

QLD Car Seat Height and Weight Laws: When Can Children Use an Adult Seatbelt?

In Queensland, children can legally move from a booster seat to a regular car seat with an adult seatbelt once they are 7 years old — but that doesn’t always mean it’s safe. According to safety authorities and government guidelines, the recommended minimum height for using an adult seatbelt is 145cm. Many 7-year-olds are still below this threshold and don’t fit safely in an adult belt.

Letting a child switch too soon can increase the risk of injury and potentially affect your car accident injury claim if there’s a crash.

Booster Seat Laws QLD & The 145cm Height Recommendation

While Queensland law allows children 7 and older to use an adult seatbelt, it’s recommended they remain in a booster seat until they are at least 145cm tall. This is based on how seatbelts are designed to sit safely across the body.

• A booster ensures the belt lies low across the hips and properly across the chest.

• If a child is shorter than 145cm, the seatbelt often crosses the neck or abdomen, which increases the risk of internal injuries during a crash (commonly called seatbelt syndrome).

In practice, most children reach 145cm around age 11 or 12. Until then, a booster is the safest option — and aligns with best practice from road safety experts like Kidsafe QLD and Queensland Transport.

How to Check for Proper Fit: The Five-Step Test (Booster to Car Seat Transition)

Parents often ask: “Is my child tall enough to stop using a booster seat in QLD?” The five-step test helps you decide.

A child is ready for a seatbelt when all five of these are true:

1. ✅ Can they sit with their back flat against the seat?

2. ✅ Do their knees bend naturally over the edge of the seat?

3. ✅ Does the lap belt sit low across their hips and touch the top of the thighs?

4. ✅ Does the shoulder belt cross the middle of the chest and shoulder, not the neck or arm?

5. ✅ Can they maintain this posture for the entire trip?

If the answer is “no” to any of these, your child should still be in a booster — even if they’re over 7.

This test is widely supported by experts and referenced in both Queensland car seat laws and national road safety materials.

Do Booster Seats Need to Be Anchored in QLD?

In Queensland, approved booster seats with a top tether strap must be anchored to a child restraint anchorage point. This usually applies to:

• Harnessed boosters with built-in safety harnesses

• High-back boosters requiring extra stability

These seats must be secured with:

• An adult lap-sash seatbelt, and

• A top tether strap (attached to an anchor point)

On the other hand, backless boosters (also called untethered boosters) typically rely solely on the seatbelt. While legal if compliant with AS/NZS 1754, they provide less protection and should be used with caution.

Always check the seat’s user manual or Australian compliance label to confirm what’s required.

Why Incorrect Seat Belt Use Impacts Vehicle Accident Claims

Incorrect restraint use doesn’t just increase injury risk — it can seriously affect your vehicle accident compensation claim. If a child is injured and it’s shown they were too small for an adult seatbelt, insurers may argue that the child wasn’t properly protected.

This can lead to:

• Reduced compensation due to contributory negligence

• Delays in resolving your claim

• Additional scrutiny of seat use, installation, and your knowledge of the rules

Keeping a child in a booster until they’re 145cm — or until they clearly pass the five-step test — is one of the most effective ways to support both their safety and your legal rights.

Front Seat Rules: When Can Children Sit in the Front of the Car in Australia?

In Queensland and across most of Australia, children under 4 years old are not legally allowed to sit in the front seat of a vehicle with more than one row. Children aged 4 to under 7 can only sit in the front seat if all rear seats are occupied by younger children in approved restraints.

Even when legal, it’s not always safe. The back seat is the safest place for children under 12, according to road safety authorities like Kidsafe and Queensland’s Department of Transport.

At What Age Can a Child Sit in the Front Seat of a Car in QLD & Australia?

• Under 4 years old: Not allowed in the front seat of a vehicle with more than one row.

• 4 to under 7 years: Allowed in the front seat only if all other rear seats are taken by younger children.

• 7 years and older: Legally permitted to sit in the front seat, but not always recommended.

If your vehicle only has one row of seats (e.g. a ute or sports car), younger children can sit in the front but must use a legally approved rear- or forward-facing child restraint depending on age.

🚫 Important: A rear-facing restraint must never be used in a seat with an active airbag in front of it. This can cause life-threatening injuries in a crash.

Exceptions to the Front Seat Rule

While the law sets clear rules, there are limited exceptions where a younger child may sit in the front:

1. All rear seats are occupied by other children under 7, each in a legal restraint.

2. Single-row vehicles (such as a ute) with no back seat — child must still use an appropriate restraint.

Even when allowed, it’s important to remember:

• Seatbelt fit is still required (child must be properly restrained)

• Legal responsibility lies with the driver to ensure all children are in compliant restraints

Can I Put a Child Seat in the Front Seat of My Car? (Important Safety Considerations)

Yes, but it’s not recommended — and in some cases, it may be illegal or unsafe.

Here’s what to consider if you’re thinking of installing a child restraint in the front seat:

1. Top-Tether Anchorage Points

• Australian law requires top tethers for forward-facing child restraints and some boosters.

• Most front passenger seats do not have anchor points, making legal installation impossible for certain restraint types.

2. Passenger Airbags

• Rear-facing child restraints must never be placed in front of an active airbag.

• In a crash, a deploying airbag can cause fatal injuries to a child in a rear-facing seat.

• Always check your car’s manual before using a front seat for a child.

3. Child Size and Positioning

• Even if legal, the risk of injury is higher in the front due to proximity to hard surfaces, airbags, and windows.

• Children under 12 are safest in the back seat — with appropriate restraints.

Summary: When Can Kids Sit in the Front Seat in QLD?

Age of Child	Front Seat Rules (QLD)	Best Practice Recommendation
Under 4	Illegal in vehicles with more than one row	Never sit in front
4 to under 7	Only allowed if all rear seats are taken by younger restrained children	Still safest in the back seat
7+	Legal to sit in front, but must be properly restrained	Back seat preferred until at least age 12

Penalties for Incorrect Child Restraint Use in Queensland

Using the wrong car seat, fitting it incorrectly, or letting a child sit in the front seat when they’re not legally allowed can all result in penalties under Queensland child restraint laws. These rules are enforced under the Queensland Road Rules and carry fines, demerit points, and, in some cases, implications for your compensation claim if a crash occurs.

Current Penalties in Queensland for Child Restraint Offences

Offence	Fine (Approx.)	Demerit Points
Child under 6 months not in an approved rear-facing restraint	$1,161	4
Child aged 6 months to under 4 not in correct approved restraint	$1,161	4
Child aged 4 to under 7 not in booster or appropriate restraint	$1,161	4
Child under 4 in front seat of multi-row vehicle	$1,161	4
Seatbelt or harness not properly fastened or adjusted (any age group)	$1,161	4

⚠️ Note: These penalties are based on the Queensland Government’s 2025 enforcement rates and are subject to change.

Can I Lose My Licence for Incorrect Child Restraints in QLD?

Yes — especially if you accumulate multiple infringements in a short period.

Here’s how:

• Each offence carries 4 demerit points

• If you receive two or more offences within 12 months, double demerit points may apply

• Reaching your demerit point threshold can lead to licence suspension or disqualification

This is particularly relevant for professional drivers, carers, or parents who transport children regularly and rely on their licence for work or family.

How a Fine for Child Seat Mistakes Affects Your Insurance & Compensation Claim

A fine for incorrect child restraint use doesn’t just result in a penalty — it can also impact your insurance and reduce your chances of a full payout in a personal injury compensation claim.

If your child is injured in a crash and wasn’t properly restrained:

• The insurer may deny parts of your claim

• They might argue contributory negligence, meaning your actions contributed to the injury

• Compensation may be reduced, even if the other driver was at fault

This legal approach is common in claims involving car seat regulations QLD, especially when there’s a prior fine or police record showing restraint breaches.

🔍 At Trilby Misso Lawyers, legal teams regularly examine police reports, infringement notices, and vehicle inspections to determine whether a parent or carer followed Queensland child seat laws. Even a minor non-compliance can influence the outcome of a motor vehicle accident claim.

💡 Tip: Pay attention to any warning or fine you receive. Even a single past breach could be used by an insurer to question your restraint practices.

Example: A parent was fined for letting their 6-year-old ride without a booster seat. When the child sustained neck injuries in a crash, the insurer reduced the compensation payout — citing the previous fine and failure to follow car seat regulations QLD.

Child Restraint Rules for Taxis, Ubers, and Rideshares in QLD

Child restraint laws in Queensland apply not only to private vehicles, but also to taxis, rideshares (like Uber), and even buses in certain situations. While the rules are slightly different in commercial vehicles, child safety remains a top priority — and breaches of restraint requirements can still affect your legal rights and responsibilities if an accident occurs.

Do Taxis and Rideshares Need to Supply Child Restraints in QLD?

In Queensland, taxis and rideshare vehicles are not legally required to carry child car seats or booster seats. However, if you bring your own approved restraint, the driver must allow it to be installed, provided the vehicle is equipped with child restraint anchorage points.

• Most standard Uber or DiDi vehicles will have ISOFIX or top-tether anchor points, especially newer models.

• If your child needs a seat, you must supply and fit it yourself, or use services that offer car seats (like Uber Car Seat, where available — although it’s not currently offered in most QLD cities).

💡 Tip: If unsure, always book a larger rideshare or a MAXI taxi and notify the service that you’ll be travelling with children.

Can You Take a Baby in an Uber or Taxi in Queensland?

Yes, but specific rules apply based on age:

• Babies under 12 months old: Can travel in a rideshare or taxi only while seated on the lap of a passenger aged 16 or older — and must not share the seatbelt.

• Children over 12 months: May be restrained using the vehicle’s seatbelt, but this is not considered best practice for safety.

🚫 A shared seatbelt — or no restraint at all — increases the risk of serious injury. Safety experts strongly recommend using an approved child restraint even in short taxi or Uber trips.

What Is the Uber Child Seat Policy in QLD?

As of 2025:

• Uber in QLD does not offer in-built child seat services (such as Uber Car Seat) in most regions.

• Passengers must bring and install their own AS/NZS 1754-approved restraint.

• Uber drivers are required to comply with local restraint laws and allow proper child seats where anchor points are available.

For safest travel:

• Bring your own booster or child seat.

• Request a larger car model when booking.

• Contact the driver ahead of time to confirm anchor point availability.

Bus Passenger Restraints in Queensland

Child restraint rules apply differently on buses depending on the size and type of vehicle.

• Buses with 13 or more rows:
  These are not legally required to have seatbelts unless they were fitted by the manufacturer. However, if seatbelts are present, all passengers — including children — must wear them. There is no requirement for child restraints or booster seats in this bus category unless specifically fitted.

• Buses with fewer than 13 rows:
  These vehicles must be fitted with seatbelts and anchor points for child restraints. If you are travelling on a smaller school bus or charter bus, you may be required to bring your own approved restraint and secure it using the provided anchorage systems.

💡 Safety note: Regardless of legal requirements, children are always safest when properly restrained. If a seatbelt is available — use it. And if travelling on a bus with anchor points, consider using your own child seat or booster, especially for long-distance or high-speed travel.

How Improper Restraints Can Impact a Personal Injury Claim in QLD

If a child is injured in a motor vehicle accident, one of the first things insurers and legal teams will examine is whether the child was correctly restrained. In Queensland, non-compliance with child restraint laws can significantly reduce the outcome of a car accident injury claim, even if another driver caused the crash.

The Legal Principle: Contributory Negligence in Child Injury Claims

Contributory negligence is a legal term used when a person’s own actions (or inaction) contribute to the injuries they suffer. In the case of a child, this principle applies to the actions of the parent, carer, or driver responsible for restraining them.

If your child wasn’t in the correct car seat, booster, or harness for their age, size, or height:

• The insurer may argue you failed to take reasonable steps to protect your child

• This may reduce your compensation amount

• It can also delay your claim or complicate the legal process

Example Scenario:

A Brisbane parent was involved in a crash where their 5-year-old child was sitting in a regular adult seatbelt without a booster. Although the other driver was 100% at fault, the insurer reduced the payout due to the child not being in a legal restraint under the booster seat laws QLD.

The insurer cited contributory negligence, pointing to both the restraint breach and the increased severity of the child’s abdominal injuries.

What Insurers and Lawyers Consider When Assessing Claims

When reviewing a personal injury claim QLD involving a child, insurers and lawyers typically look at:

• Was the restraint appropriate for the child’s age, height, and weight?

• Was the restraint installed properly and used correctly at the time of the crash?

• Were there any fines, warnings, or penalty notices previously issued?

• Were best practice safety steps followed — even beyond the legal minimum?

Supporting evidence may include:

• Photos of the restraint in use

• Fitting receipts or certificates (e.g. from RACQ or Kidsafe)

• Dashcam footage

• Police reports or vehicle inspection findings

💡 Tip: After an accident, never throw away the restraint. It may be crucial in proving compliance or identifying manufacturer faults.

Can I Still Make a Claim if My Child Wasn’t in a Booster in QLD?

Yes — but the claim may be partially reduced. If your child was legally required to be in a booster (under 7 or under 145cm tall) and wasn’t, the insurer can argue that injuries were worse than they would have been in the correct restraint.

Will the Insurer Check if the Car Seat Was Installed Properly?

Often, yes. Insurers commonly request evidence such as:

• Vehicle inspection records

• Police crash reports

• Photos from the crash scene

• Statements from emergency responders or restraint fitters

What Happens if My Child Is Injured and I Didn’t Follow the Seat Rules in QLD?

You can still lodge a claim, but expect:

• Tighter scrutiny from the insurer

• Possible reduction in payout

• A higher threshold of proof required to show you acted reasonably

For serious injury claims, having legal support from a compensation lawyer who understands QLD car seat laws and how insurers assess child safety breaches is extremely important.

What Happens After a Car Accident Involving a Child Passenger?

If your child has been involved in a car accident in Queensland, it’s vital to understand that the legal and medical steps taken immediately afterward can impact both your child’s recovery and the success of any future personal injury claim. Even if the crash seems minor, children are more susceptible to hidden injuries, and their restraint system may become key legal evidence.

Immediate Steps After the Accident (Focus on Child Safety First)

Taking prompt, thorough action can help protect your child and preserve your legal rights.

• Check for injuries
  Even if your child appears fine, internal injuries can be difficult to spot. Always seek urgent medical assessment — especially for infants or children in booster seats or harnesses.
  (→ Does my child need to be checked even if they look fine? Yes.)

• Call emergency services
  Police must attend any crash involving injury. Paramedics should examine all child passengers, no matter how minor the collision seems.

• Document the scene
  Take photos of the vehicle, restraint system, booster or harness, how it was installed, and any seatbelt use. If safe, record visible injuries and damage.

• Note the restraint used
  Record the make, model, and installation method of the car seat or booster. If the seat was previously fitted by a professional (e.g. RACQ or Kidsafe), locate the documentation.

• Keep all medical evidence
  Save GP reports, hospital discharge notes, prescriptions, scans, and anything related to the child’s physical or psychological treatment.

Important Tip: Keep the Restraint!

You should never discard or replace the car seat or booster until advised — even if it looks fine. After an accident:

• It may become evidence in a personal injury claim, helping to prove correct usage or highlight potential product failure.

• Structural damage might be hidden. Restraints should always be replaced after a crash, but only after insurers, assessors, or your legal team have reviewed them.

(→ Should I replace my child’s car seat after a crash? Yes — always.)

How a Child’s Injury Claim is Affected

After a crash involving a child, a motor vehicle accident injury claim can be lodged on their behalf — usually by a parent or litigation guardian. Several factors will affect the outcome:

• Was there clear evidence of medical harm?

• Was the child properly restrained under Queensland car seat laws?

• Is there proof of another driver’s fault?

• Were insurers, police, or doctors involved at the time of the incident?

(→ Will the insurer ask about the car seat? Very likely. They may check installation records, car inspection notes, or restraint documentation.)

At Trilby Misso Lawyers, legal teams frequently assist families through these complex matters. If your child needs long-term care, therapy, or follow-up treatment, early documentation of their injuries and restraint use will greatly strengthen your claim.

Do You Need a Lawyer After a Child Is Injured in a Crash in QLD?

If your child has been injured in a motor vehicle accident in Queensland, you may be eligible to pursue a compensation claim on their behalf. These cases are legally complex and emotionally challenging — particularly when they involve long-term injuries, psychological impacts, or questions about restraint use. While it’s not mandatory to have a lawyer, seeking legal guidance is highly recommended.

Understanding Legal Representation for Children in QLD

Children (minors) can’t file legal claims themselves. Instead, a parent or legal guardian acts as a litigation guardian, which means they:

• File the claim on behalf of the child

• Provide instructions to the lawyer

• Manage medical appointments, documentation, and legal deadlines

• Represent the child’s best interests throughout the claim

This process helps ensure that the child’s rights are protected — especially in cases where long-term care or delayed injuries may develop after the crash.

Common Questions About Child Injury Claims

Can my child get compensation for pain and suffering?
→ Yes, depending on the severity of the injury, duration of recovery, and future impacts.

Is there a time limit for child injury claims in QLD?
→ Yes. While most personal injury claims have strict deadlines, for children the time limit doesn’t begin until their 18th birthday. That said, it’s often better to start the process earlier — while evidence is fresh and medical needs are evolving.

Do I need a lawyer if my child was injured in a car accident in Queensland?
→ It’s not legally required, but it’s strongly recommended. These cases often involve detailed evidence, restraint compliance, expert medical assessments, and negotiations with insurers — all of which benefit from professional legal support.

What Car Accident Lawyers Brisbane Consider in Child Claims

At firms like Trilby Misso Lawyers, car accident injury claims involving children are assessed with care and precision. The legal team may evaluate:

• The child’s short-term and long-term medical needs

• Whether a legally compliant child restraint was used

• The impact of the injury on school, growth, or quality of life

• The need for ongoing therapy, medical devices, psychological care, or assistance

• Whether the insurer has raised concerns about contributory negligence

These claims are typically managed under a no win no fee arrangement — allowing families to focus on their child’s recovery without the burden of upfront legal costs.

Common Mistakes Parents Make with Child Car Seats in QLD

Even with the best intentions, many parents and carers unknowingly make mistakes when installing or using child restraints. These errors can increase the risk of injury in a crash and complicate any car accident compensation claim — particularly if contributory negligence becomes a factor.

Understanding these common mistakes helps ensure you’re meeting both safety standards and legal requirements under Queensland child restraint laws.

Top Child Restraint Mistakes in Queensland (and Why They Matter Legally)

Mistake	Why It Matters (Safety & Legal Impact)
Using the wrong seat for the child’s age or size	Breaches child restraint laws QLD. Increases injury risk and may reduce compensation.
Incorrect installation of the car seat	If a restraint isn’t fitted according to Australian Standard AS/NZS 1754, it may fail in a crash — insurers may argue improper care.
Loose harness or seatbelt	Allows excessive movement. In serious crashes, this can result in spinal or abdominal injuries. Shows non-compliance with safe usage.
Letting children use adult seatbelts too early	Seatbelt syndrome (internal damage from poor fit) is a known injury risk. Failing to use a booster may be seen as contributory negligence.
Placing children in the front seat too early	Illegal for children under 4 in most vehicles. Raises concerns about airbag injury risk and non-compliance.
Not checking or replacing the restraint after a crash	Even minor collisions can damage the structural integrity of a seat. Reusing a compromised seat may be viewed as negligence.
Using a second-hand seat without history	If a restraint has been in a previous crash or doesn’t meet current safety standards, it may be unsafe or non-compliant — and could weaken a claim.

Can I Install a Child Car Seat Myself, or Do I Need a Professional Fitter?

You can install the seat yourself by following the manufacturer’s instructions — but having it fitted or checked by an accredited professional is highly recommended.

In Brisbane, organisations like Kidsafe Queensland, RACQ, and some local councils offer car seat installation services or restraint checks.

Benefits of professional fitting:

• Ensures correct anchorage to top tether points

• Confirms harness height and seatbelt path are appropriate

• Provides documented proof of correct usage — helpful in personal injury claims

💡 Tip: Keeping a dated fitting certificate or receipt adds weight to your case if an insurer later questions the restraint’s compliance.

Child Safety and Car Accident Claims: Your Legal Options Explained

When a child is injured in a motor vehicle accident, Queensland law provides specific pathways for pursuing a compensation claim. While the legal system treats child injury claims seriously, they also involve additional considerations — such as long-term developmental impact, future treatment costs, and the need for a litigation guardian to act on the child’s behalf.

Types of Compensation a Child May Be Eligible For

A child injured in a crash may be entitled to several forms of compensation, depending on the severity and circumstances of the injury:

• Medical and hospital expenses
  Includes GP visits, emergency care, surgery, physiotherapy, imaging, and medication.

• Pain and suffering
  Assessed based on injury severity, emotional trauma, and recovery timeline.

• Loss of future earning capacity
  Considered if the injury affects schooling or long-term work prospects.

• Care and support services
  For example: mobility aids, therapy, specialist education, or in-home assistance.

• Travel expenses
  Covers transport to and from medical appointments or treatment facilities.

These amounts are assessed individually and may require reports from medical specialists, occupational therapists, and educational experts.

How the Process Works for Child Injury Claims in QLD

Here’s a simplified breakdown of how child claims typically progress:

1. Parent or guardian acts as litigation guardian
   The adult makes decisions and provides instructions to the lawyer throughout the claim.

2. Evidence is collected
   This may include:
   • Medical records

   • Restraint use documentation

   • Police and crash reports

   • Witness statements

   • Specialist assessments

3. Claim is lodged with the appropriate insurer
   For most road-related injuries, this will be the CTP insurer of the at-fault driver.

4. Claim may settle out of court, or proceed to litigation
   Courts often approve settlements involving children to ensure they’re fair.

5. Compensation is held in trust until the child turns 18
   In most cases, funds are not released early unless directed by the court for specific treatment or support needs.

Why Legal Advice is Crucial for Child Injury Claims in Brisbane

While the law gives children the same right to compensation as adults, child injury claims are more complex. These claims often require:

• Specialist evidence for long-term injuries

• Consideration of educational and psychological impacts

• Detailed compliance with child restraint laws

• Long claim durations with funds held until adulthood

At Trilby Misso Lawyers, these cases are managed under a no win no fee arrangement to ensure families can seek justice without upfront financial pressure. Legal support ensures that your child’s claim covers not just today’s costs — but also future care, growth, and life impacts.

Frequently Asked Questions (FAQs) – Child Car Seat Laws & Claims QLD

1. What’s the legal age for a child to stop using a booster seat in Queensland?

Children must use a booster seat until they are at least 7 years old, but should continue using one until they are 145cm tall or pass the 5-step test for adult seatbelts.

2. Can I still make a compensation claim if my child wasn’t properly restrained in the car?

Yes — but the claim may be reduced due to contributory negligence if improper restraint use contributed to the injury.

3. Is there a time limit for making a personal injury claim for a child in QLD?

Yes. The usual deadline is the child’s 21st birthday, but it’s best to start the process as early as possible.

4. Is it illegal for a child under 4 to sit in the front seat in Queensland?

Yes — unless all rear seats are occupied by younger children in restraints or the vehicle only has one row of seats.

5. Will the insurance company check what type of car seat was used after a crash?

Yes. Insurers often assess restraint use, installation, and legal compliance when reviewing child injury claims.

6. Should I replace my child’s car seat after a car accident?

Yes. Even if undamaged, the seat’s structure may be compromised. Some insurers may cover the replacement cost.

7. What’s the fine for no booster seat in QLD?

Approximately $1,161 and 4 demerit points, based on current Queensland penalty rates.

8. Can I still make a claim if my child wasn’t in the proper booster?

Yes — but the insurer may argue for a reduced payout due to increased risk from improper restraint.

9. Can a 4 year old sit in a booster seat in Australia?

Yes. Children aged 4 to under 7 can legally use an approved booster with a lap-sash seatbelt or child safety harness.

10. Can a 7 year old sit in a normal car seat (without a booster) in QLD?

Yes — if they fit properly. But if they’re under 145cm or the seatbelt crosses the neck or stomach, a booster should still be used.

11. Can I use a backless booster seat in Australia?

Yes — if it meets AS/NZS 1754 and is used with a lap-sash seatbelt. High-back boosters are safer in most cases.

12. What weight should a 4 year old be in a booster seat?

Booster seats should match the child’s height and weight, according to manufacturer guidelines — not just age. Check the seat’s label and height markers.

Further Reading & Resources

Child restraints – Queensland Government (Department of Transport and Main Roads)

Comprehensive guide to the legal requirements for car seats, booster seats, and front seat rules in Queensland.
🔗 https://www.qld.gov.au/transport/safety/rules/children

Vehicle restraints for children – Queensland Health

Covers the importance of age-appropriate restraints and how to reduce injury risk for children in crashes.
🔗 https://www.health.qld.gov.au/news-events/news/car-seat-safety-child-restraints-laws-queensland

Queensland Road Rules – The Queensland Legislation Website

Official legislation outlining your obligations when transporting children in vehicles.
🔗 https://www.legislation.qld.gov.au/view/html/inforce/current/sl-2009-0194

Child safety in vehicles is more than a legal requirement in Queensland — it’s a critical part of protecting young passengers from serious harm. While the rules around car seats, boosters, and front seat access may seem complex, following them closely helps reduce injury risks and strengthens any potential compensation claim if your child is injured in a motor vehicle accident.

From understanding the 145cm height recommendation to knowing when a child can safely sit in the front seat, staying informed is essential for every parent, carer, or driver transporting children. Simple mistakes — like using the wrong restraint or failing to replace a car seat after a crash — can affect both safety outcomes and your ability to claim compensation.

By following Queensland child restraint laws and best practices, you’re not just obeying the law — you’re helping protect your child and ensuring your legal rights are preserved if something goes wrong.