Hi there. As we do not know the nature of the business, the content of the leaflets and the circumstances in which you intend to distribute the leaflets to students, we cannot comment on your specific situation. However, below is some general information that may be of assistance.

In general, distributing promotional material to members of the public, including persons aged under 18 years, is not illegal. However, there are some situations where this type of conduct may be against the law.

A lot will depend on the content of the leaflets. In NSW, there are laws that prohibit the publication and distribution of indecent or obscene material. Breaking these laws may amount to a criminal offence. There are also laws that allow a person to sue another person who has published defamatory material about them. Advertising material is also subject to national laws that regulate misleading or deceptive claims, false marketing and pricing methods. These are just some of the laws that may affect the content of your leaflets and pose a financial risk to your business if you get it wrong.

In the same way, there are many laws that regulate the method of distribution. In NSW, there are laws that restrict where you are allowed to put advertising material. Advertising material can be put into letterboxes, newspaper receptacles or under doors to premises. It cannot be placed under a vehicle’s windscreen, on top of property gates or fences, in public places, in open private places, or anywhere else where it is likely to become litter. Local councils may decide to prosecute individuals or businesses that litter or cause litter as a result of their distribution methods.

Handing out advertising material directly to individuals is not against the law, but sometimes permission is needed from the owner or manager of the place where the material is being handed out. If you intend to hand out leaflets to school students on school grounds, you will need to first obtain permission from the school administration, otherwise you will be trespassing. If you intend to distribute the leaflets somewhere else, you should obtain permission from the owner or manager of that place.

Suggested way forward

Distributing leaflets is generally not against the law, but there are many rules and regulations that affect the content of the material and the manner in which it is distributed. You should consider speaking to a lawyer who can review your distribution practices and advise you of your legal rights. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.