Appendix 8 Helmet use
It is compulsory for motorcyclists to wear helmets in Australia. Legislation does not allow for exemptions in New South Wales, Victoria, South Australia, Queensland and the Australian Capital Territory. In the Northern Territory, legislation does not permit an exemption on medical grounds. Exemptions are possible in other states only under extremely rare conditions and should be strongly discouraged. Health professionals are urged to point out to patients the risk of severe disability or death compared with the relatively small advantages of an exemption from wearing a motorcycle helmet.
It is also compulsory for bicyclists to wear helmets in Australia. In those states or territories where exemptions are possible, applications should be strongly discouraged in view of the greater risk of injury and death. The table below shows the laws on exemption from wearing bicycle helmets by state and territory.
Appendix 8.1. State and territory laws on exemptions from wearing bicycle or motorcycle helmets
| State/territory | Motorcycle helmets | Bicycle helmets |
|---|---|---|
| Australian Capital Territory | No exemptions | No exemptions |
| New South Wales | No exemptions | No exemptions |
| Northern Territory | No medical exemptions | Bicycle helmets are not necessary for people who have attained the age of 17 years and who ride in a public place, on a footpath, shared path or cycle path (if separated from the roadway by a barrier) or in an area declared exempt by the transport minister. |
| Queensland | No exemptions | A person is exempt from wearing a bicycle helmet if the person is carrying a current doctor’s certificate stating that, for a stated period the person cannot wear a bicycle helmet for medical reasons, or because of a physical characteristic of the person, it would be unreasonable to require them to wear a bicycle helmet. A person is exempt if they are a member of a religious group and they are wearing a type of headdress customarily worn by members of the group and the wearing of the headdress makes it impractical for them to wear a bicycle helmet. |
| South Australia | No exemptions | Exemptions for Sikh religion only |
| Tasmania | No exemptions | May be considered on medical grounds at discretion of the Transport Commission. Email: info@stategrowth.tas.gov.au |
| Victoria | No exemptions | Exemptions possible on religious or medical grounds |
| Western Australia | No new motorcycle helmet exemption applications are granted; however, legislation allows exemptions granted on or before 30 November 2000 to be renewed prior to expiry, at the discretion of the Department of Transport with supporting evidence from a medical practitioner. | Exemption on medical or religious grounds. A medical certificate from a GP is required; however, issue is at the discretion of the Department of Transport with supporting evidence from a medical practitioner. |