CHILD EMPLOYMENT ACT 2006 - SECT 13 Chief executive may prohibit a child doing particular work or limit the work the child may do

CHILD EMPLOYMENT ACT 2006 - SECT 13

13 Chief executive may prohibit a child doing particular work or limit the work the child may do

(1) The chief executive may issue a signed notice (
"work limitation notice" ) for a particular child or a particular employer.

(2) The work limitation notice may—

(a) prohibit—

(i) a child doing stated work for an employer or proposed employer the child would otherwise be permitted to do; or

(ii) children doing stated work for a stated employer; or

(b) impose limitations on work—

(i) a child would otherwise be permitted to do for an employer or proposed employer; or

(ii) children may do for a stated employer.

(3) The chief executive may issue a work limitation notice if the chief executive reasonably believes work stated in the work limitation notice—

(a) may interfere with the schooling of a child or children affected by the work limitation notice; or

(b) may be harmful to the health or safety or physical, mental, moral or social development of a child or children affected by the work limitation notice.

(4) The chief executive—

(a) may issue a work limitation notice on application or on the chief executive’s own initiative; and

(b) must give an issued work limitation notice to the employer or proposed employer affected by the work limitation notice.

(5) However, the chief executive must not issue a work limitation notice to an employer or proposed employer (the
"employer" ) without first—

(a) giving the employer written notice of the application or proposal to issue a work limitation notice; and

(b) inviting the employer to make a written submission about why the work limitation notice should not be issued.

(6) A written submission mentioned in subsection (5) must be given to the chief executive within 7 days after receiving the notice or the further time the chief executive allows.

(7) The chief executive must consider a written submission made under subsection (6) .

(8) The chief executive may review a work limitation notice at any time the chief executive considers appropriate.

(9) A regulation may prescribe matters the chief executive must take into account when considering whether to issue a work limitation notice.

(10) An employer who requires or permits a child to work in contravention of a work limitation notice issued for the child or employer commits an offence.

Penalty—

Maximum penalty for subsection (10) —100 penalty units.

Note—

This provision is an executive liability provision—see section 33 .