An Act for the children
For more than 30 years the employment of children under the age of 15 was regulated under the Community Services Act 1970, but that changed on 12 June when the Child Employment Act 2003 became effective.
Key aspects of the new legislation have attracted a great deal of mainstream media coverage – in particular the permit requirements for children working on farms, which were criticised by the State Opposition and the Victorian Farmers’ Federation.
Parents are exempt from the permit requirement for their children to work on the family farm (they were not exempt under previous legislation). However, grandparents, neighbours and anyone else who wishes to have children working on farms will need a permit. The same applies to family businesses.
Mandatory police checks of the criminal records of all people supervising children in a work environment are a new requirement of the permit process, although grandparents, aunts, uncles and siblings are exempt from the police check requirement.
If the person supervising a child changes (for example, within a business), that person must also undergo a police check.
The results of the police check are completely confidential and remain valid for 12 months, however, the introduction of this aspect of the process is likely to mean that the process for permit applications may take longer than in the past.
The Act details a number of general conditions concerning the employment of children, including: Minimum age
A minimum age of 13 applies for general employment, although the minimum age of 11 applies for children employed to deliver newspapers and/or advertising material, or making deliveries for a registered pharmacist.
No minimum applies for children in a family business or the entertainment industry. Light work only
All children are permitted only to perform light duties, defined as work not likely to be harmful to their health, safety, moral or material welfare or development. Any work commitment must not compromise a child’s education. Hours of work
A maximum of three hours per day and 12 hours per week applies during the school term, extending to six hours per day and 30 hours per week during school holidays. Employment can only be between the hours of 6am and 9pm, or 6pm for street trading activities.
Employment during school hours is prohibited and children must receive a 30–minute rest break for every three hours worked, with at least 12 hours break between shifts. Prohibited employment
Children cannot be employed in construction, deep–sea fishing or door-to-door sales, and the Governor-in-Council may prohibit other types of employment. Entertainment
The Act requires that a Code of Practice be developed by June next year to regulate children employed in the entertainment industry. Penalties
Penalties range from $1000 to $10,000 and the Act specifies a range of offences and the penalties that apply.
For more information visit the Industrial Relations Victoria website www.irv.vic.gov.au for a summary of the Act and links to a complete copy of the Act on line.
Disclaimer:
The information in this newsletter is not intended to be a complete statement of the law relating to the issues raised. Accordingly, no person should rely on this information without first obtaining specific advice from Paula Leslie of our office. | 
