New South Wales Consolidated Acts

INDUSTRIAL RELATIONS (CHILD EMPLOYMENT) ACT 2006 - SECT 7

7 Record-keeping requirements

(1) For each child for whom an employer is an affected employer, the employer is to ensure that records are kept of the following matters:

(a) the name of the employer,

(b) the ACN (if any) and ABN of the employer,

(c) the name of the child,

(d) the date of birth of the child as provided to the employer,

(e) the date on which the child’s employment began,

(f) whether the child’s employment is full-time or part-time,

(g) whether the child’s employment is permanent, temporary or casual,

(h) any remuneration paid to the child,

(i) the days on which the child works for the employer (including the starting and finishing times and the total number of hours worked on each day),

(j) if the child’s employment is terminated-the date on which the child’s employment is terminated,

(k) such other matters concerning the employment of the child as may be prescribed by the regulations.

(2) The records are to be kept in the manner and form prescribed by the regulations.

(3) The employer must ensure that the records are kept for a period of at least 6 years.

(4) The regulations may make provision for or with respect to the transfer of any such records, or copies of any such records, to the successor of an employer.

(5) A person who contravenes this section or the regulations under this section is guilty of an offence.

Maximum penalty: 20 penalty units.

Note: The following provisions of the Industrial Relations Act 1996 (as applied to and for the purposes of this Part by section 16) should be noted:

(a) Section 385 (as applied) enables an inspector to require an employer to produce records required to be kept under this section to the inspector for examination.

(b) Section 387 (as applied) makes it an offence to fail, without reasonable excuse, to comply with a requirement of an inspector.

(c) Part 6 of Chapter 7 (as applied) makes provision with respect to the bringing of criminal and other legal proceedings.