The protection of minors is not regulated uniformly in Austria, but is a matter for the federal states. However, a minor is defined as someone who has not reached the age of 18 (§ 12 Austrian civil code).
In Styria, Carinthia, Tyrol and Vorarlberg, there is a further differentiation as a child before the age of 14. In Salzburg, “children” are considered to be before the age of 12. In Burgenland, Lower Austria and Vienna, only the term “young person” is used for persons under 18.
A person under the age of 12 is in general allowed to stay unaccompanied in public places until 9 pm.
A person under the age of 14 is in general allowed to stay unaccompanied in public places until 11 pm. In Salzburg, a person from the age of 12 till 14 years is also allowed to stay unaccompanied in public places until 11 pm.
The exception to both rules applies in Upper Austria. A person under the age of 14 years is allowed to stay unaccompanied in public places until 10 pm, while the same rules applies for a person under the age of 12.
A person between the age 14 and 16 years is in general allowed to stay unaccompanied in public places until 1 am. In Upper Austria, a person within the same age group can stay unaccompanied in public places until 12 pm.
From the age of 16 there are no restrictions in place.
All restricted timeframes end at 5 am. However, all times are the regulatory framework. The legal guardian can always shorten the time to an earlier hour. If a legal guardian or person subject to supervision by the legal guardian accompanies a person under the age of 18, the given time period does not apply. Beyond the specified times, a person may be in public if there is an important reason such as going to work/education.
Within the allowed time frame for staying outside in public places, the presence in restaurants and dance halls is allowed, as long as the event is not classified as prohibited premises (see No. 4). This also includes Buschenschenken and restaurants, as long as there is no regulation to the contrary.
Salzburg:
In Salzburg, a person under the age of 16 is prohibited from being present in restaurants of any kind unless a person responsible for supervision is present. The same applies to other public events.
Tyrol:
In Tyrol, children under the age of 14 are only allowed to stay in restaurants if accompanied by a person responsible for supervision or if there is an important reason. After reaching the age of 16, the stay is permitted within the general time frame (see above).
Minors are not allowed to stay in establishments that could endanger the development due to their type, location or mode of operation. The individual regulation vary from state to state.
Burgenland:
In Burgenland, it is prohibited to stay in establishments and premises in which prostitution, the initiation of prostitution, peep shows, swinger clubs, betting offices or gambling halls take place. Premises in which stand-alone gambling machines are set up are to be kept inaccessible to minors.
Carinthia:
Visiting brothels or brothel-like establishments, peep shows, swingers clubs, nightclubs, betting offices and betting cafés or liquor bars is prohibited. Access to amusement machines is only permitted for children under the age of 14 if a person responsible for supervision is present. Access to gambling machines is prohibited for those under the age of 18.
Lower Austria:
Up to the age of 14, it is prohibited to be present in gambling halls. Until the age of 18 access and presence in premises where prostitution is initiated or practiced, peep shows, swinger clubs, liquor bars, nightclubs and betting offices is prohibited.
Upper Austria:
Minors are prohibited from being present in nightclubs or comparable amusement establishments and in buildings, apartments or individual premises used for the initiation or performance of sexual services. It is also prohibited to stay in establishments that serve only distilled alcohol.
Minors are prohibited to participate in gambling or to stay in places where gambling is carried out. It is also prohibited to be present in betting offices or to participate in betting, with the exception of commodity draws. From the age of 16, this prohibition does not apply to participation in officially approved gambling like number lotteries and lotteries.
Salzburg:
Visiting nightclubs of all kinds and liquor bars is prohibited. It is also not permitted to stay in other places that are harmful to young people, e.g. where the initiation of prostitution takes place. Participation in gambling or games of skill for money as well as lotteries is prohibited. Participation in officially approved commodity draws is excluded.
It is prohibited to stay in premises where gambling machines are used or where money is played for (e.g. betting offices). Gambling must not begin until the minor has left the room. Local regulations may also declare the presence in such locations inadmissible.
Styria:
Staying in premises such as brothels, peep shows, swingers clubs, sex stores, betting offices and similar establishments is prohibited. The same applies to establishments that exclusively serve alcoholic beverages with distilled alcohol; those that serve alcoholic beverages without quantity limits where the price is paid once or at a price that is less than half the usual price.
Minors are not allowed to be present in rooms where gambling machines are operated. Minors up to the age of 15 are not allowed to be present in rooms where gambling machines are located, unless it is a restautant that is actually carried out there.
Local age limits or visiting hours for public events may be declared in individual cases.
Tyrol:
Minors are prohibited to stay in nightclubs, premises with gambling machines and other places harmful to minors.
Vorarlberg:
Minors are to be excluded from premises if violence is glorified there, discrimination against people based on ethnicity, religion or ideology, age, sexual orientation, gender or disability is advocated, or pornographic acts are shown or promoted. The presence of minors is prohibited at premises where bets are promoted, placed or betting customers are referred on a commercial basis. If the regulated activities take place in a separate room or part of the premises, access is only restricted to these parts.
Vienna:
In Vienna, it is prohibited to be present in premises where prostitution, the initiation of prostitution, peep shows, swingers clubs are offered. This also includes liquor bars and betting offices, insofar as money, material assets or monetary benefits can be obtained there. Participation in officially approved commodity draws is excluded from the before mentioned restrictions.
Under the age of 14, it is prohibited to be present in gambling establishments where more than two gaming machines are set up or where money, material assets or other monetary benefits can be obtained.
Federal law prohibits the purchase of non-distilled alcohol (like beer and vine) of persons under the age of 16. Distilled liquor is prohibited for persons under the age of 18.
Under the age of 16 the consumption of alcohol from any kind is not allowed. Within the age from 16 years to 18 years, the consumption of distilled alcohol like cocktails or alcopops is prohibited.
Minors are allowed to watch all films that are permitted for their age group. The cinema operators provide information about the respective age restrictions in the cinema, the cinema programs and on the Internet. The law defines the following age ratings:
Accompaniment by a parent or a person responsible for supervision does not override the legal age ratings. In addition, the constraint applies that the film must end at a time when the minor is permitted to be in public places (see above No. 2).
Federal law uniformly prohibits the consumption and sale of tobacco or similar products to persons under the age of 18. Similar products include electronic cigarettes, liquids, and chewing tobacco. It does not matter whether nicotine is contained or not.
Minors are allowed to visit Internet cafés. There are no separate protective measures, but the government refers to parents' responsibility to provide guidance for dealing with harmful content online.
It is prohibited for minors under the age of 18 to possess or carry weapons, ammunition and firecracker cartridges. This also includes weapons for cutting and stabbing purposes (e.g. knives) and pepper sprays. With official permission, minors over the age of 16 can possess a sporting weapon.
Softair weapons and paintball markers are not considered weapons under the Weapons Act, but they are prohibited to be sold to minors under the age of 18.
For minors under the age of 14, sexual contact is prohibited, but cannot be punished due to lack of criminal responsibility.
If just one of the two minors is under the age of 14, the older one is liable to prosecution after a certain age difference:
If both minors are over the age of 14, all forms of sexual contact to which both agree are permitted. Voluntariness is also necessary in the above cases so that sexual contact remains unpunished.
In order to be allowed to work as a minor during the vacations, the following requirements must apply in principle:
There are no restrictions on the labor market for minors from the EU countries. Minors from non-EU countries need an official employment permit.
German Embassy (Legal and Consular Affairs Department)
Address: Strohgasse 14c, 1030 Vienna
Phone: +43 (0)1 711 54-123 / Fax: +43 (0)1 711 54-272
Contact: https://wien.diplo.de/at-de/botschaft/kontakt-formular
See: https://wien.diplo.de/at-de (Website in German)
Bundeskanzleramt Austria (Department Youth Policy)
Contact: jugendpolitik@bka.gv.at
Kinder- und Jugendanwaltschaft
Phone: +49 (0)1 70 77 000
Contact: post@jugendanwalt.wien.gv.at
https://kja.at/
Burgenland (Mag. Christian Reumann):
Address: Europaplatz 1, 7000 Eisenstadt
Phone: +43 (0) 57/600-2808
Contact: christian.reumann@bgld.gv.at
Carinthia (Mag. Astrid Liebhauser):
Address: Völkermarkter Ring 31, 9020 Klagenfurt
Phone: +43 (0) 50/536-57131
Contact: kija@ktn.gv.at
Lower Austria (Mag. Gabriela Peterschofsky-Orange):
Address: Wienerstraße 54, 3109 St. Pölten
Phone: +43 (0) 2742/90811
Contact: post.kija@noel.gv.at
Upper Austria (Mag. Christine Winkler-Kirchberger):
Address: Energiestraße 2, 4021 Linz
Phone: +43 (0) 732/7720-14001
Contact: kija@ooe.gv.at
Salzburg (Dr. Andrea Holz-Dahrenstaedt):
Address: Fasaneriestraße 35, 5020 Salzburg
Phone: +43 (0) 662/430550
Contact: kija@salzburg.gv.at
Styria (Mag. Denise Schiffrer-Barac):
Address: Paulustorgasse 4/III, 8010 Graz
Phone: +43 (0) 316/877-4921
Contact: kija@stmk.gv.at
Tyrol (Mag. Elisabeth Harasser):
Address: Meraner Straße 5, 6020 Innsbruck
Phone: + 43 (0) 512/508-3792
Contact: kija@stmk.gv.at
Vorarlberg (Mag. Christian Netzer):
Address: Schießstätte 12, 6800 Feldkirch
Phone: + 43 (0) 5522/84900
Contact: kija@vorarlberg.at
Vienna (DSA Dunja Gharwal, Ercan Nick Nafs):
Address: Alserbachstraße 18, 1090 Wien
Phone: + 43 (0) 1/70 77 000
Contact: post@jugendanwalt.wien.gv.at
Based on the provisions of the Austrian Federal Constitution, the federal states are responsible for matters of youth protection in terms of legislation and enforcement. Therefore, different youth protection laws apply in each federal state and need to be noticed depending on the current location. However, since 2019, there are unified federal laws in place regulating the alcohol and tobacco consumption/purchase, and the time allowed outside. The full legislative texts of the federal states may be found in the legal information system at www.bka.gv.at.
