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PARLIAMENT OF VICTORIA
Child Employment Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose and outline of Act 1
2. Commencement 2
3. Definitions 3
4. What is employment? 5
5. What is light work? 7
6. Act binds the Crown 8
PART 2--EMPLOYMENT OF CHILDREN 9
Division 1--When may Children be Employed? 9
7. When may a child be employed? 9
8. Employment without a permit 9
9. Age limits for employment 10
10. Employment of children during school hours 10
11. Prohibited employment 11
Division 2--Permits for Children to Engage in Employment 12
12. Who can apply for a permit? 12
13. What must an application contain? 12
14. Investigation of an application 13
15. Determining an application 14
16. Permit conditions 15
17. Variation or cancellation of permit 15
Division 3--General Conditions of Employment 16
18. Condition 1--light work 16
19. Condition 2--hours of work 16
20. Condition 3--rest breaks 16
21. Contravention of conditions 17
Division 4--Employment in Family Businesses 17
22. When may a child be employed in a family business? 17
23. Provisions that do not apply to employment in family businesses 17
24. Supervision 18
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Clause Page
Division 5--Employment in Entertainment 18
25. When may a child be employed in entertainment? 18
26. Provisions that do not apply to employment in entertainment 18
27. Mandatory code of practice 18
28. What will the mandatory code contain? 19
29. How is the mandatory code made? 19
30. Effect of the mandatory code 19
31. Variation and revocation of the mandatory code 19
32. Availability of the mandatory code 20
PART 3--OTHER RESTRICTIONS ON THE PERFORMANCE
OF WORK BY CHILDREN 21
33. Light work 21
34. Working for non-profit organisations 21
PART 4--COMPLIANCE 23
Division 1--Child Employment Officers 23
35. What are the functions of child employment officers? 23
36. Appointment of child employment officers 23
37. Identity cards 23
38. When may powers be exercised? 24
39. Power of entry 24
40. Powers on entry 27
41. Power to require production of documents 27
42. Retention of documents 27
43. Search warrant 28
44. Announcement before entry 29
45. Copy of warrant to be given to occupier 30
46. Confidentiality 30
Division 2--Offences 31
47. Failing to produce documents, hindering child employment
officers and giving them false information 31
48. Protection against self-incrimination 31
49. Impersonating child employment officers 32
50. Proceedings for offences to be brought in Industrial Division
of the Magistrates' Court 32
51. Offences by unincorporated associations 32
PART 5--GENERAL 33
52. Delegation 33
53. Regulations 33
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Clause Page
PART 6--REPEALS, AMENDMENTS AND TRANSITIONAL
PROVISIONS 34
54. Repeal of existing child employment laws 34
55. New section 74G substituted in Community Services
Act 1970 34
74G. Exemption from attendance at school 34
56. Amendment of Education Act 1958 34
57. Transitional arrangement--permits 36
ENDNOTES 37
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PARLIAMENT OF VICTORIA
Initiated in Assembly 9 October 2002
A BILL
to reform the law relating to the employment of children under the age
of 15, to repeal Division 9 of Part III of the Community Services Act
1970 and consequentially amend that Act and the Education Act
1958 and for other purposes.
Child Employment Act 2002
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose and outline of Act
(1) The purpose of this Act is to reform the law
relating to the employment of children under the
5 age of 15.
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Child Employment Act 2002
Act No.
part 1--Preliminary
s. 2
(2) In outline this Act--
· provides a system of permits to allow the
employment of children under the age of 15;
· allows children under the age of 15 to work in
5 family businesses without a permit;
· sets out general conditions of employment for
children under the age of 15;
· provides for the making of a mandatory code
of practice for the employment of children in
10 the entertainment industry;
· prohibits the employment of children under
the age of 15 in certain kinds of work;
· empowers the Governor in Council to declare
kinds of employment prohibited for children
15 under the age of 15;
· sets out offences;
· provides for the appointment of child
employment officers and powers of
inspection of workplaces where children are
20 employed to ensure compliance with the Act;
· repeals Division 9 of Part III of the
Community Services Act 1970
(Employment of Children) and makes
consequential amendments to that Act and
25 the Education Act 1958.
(3) Sub-section (2) is intended only as a guide to
readers as to the general scheme of this Act.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
30 operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 July 2003, it comes into
operation on that day.
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Child Employment Act 2002
Act No.
part 1--Preliminary
s. 3
3. Definitions
In this Act--
"child" means a person under 15 years of age;
"child employment officer" means a person
5 appointed under section 36;
"Department" means Department of Innovation,
Industry and Regional Development;
"employ" has the meaning given by section 4;
"employer" has the meaning given by section 4;
10 "employment" has the meaning given by
section 4;
"entertainment" means any form of
entertainment and includes--
(a) singing, dancing or acting;
15 (b) playing a musical instrument;
(c) appearing in a radio, television, film or
similar program or production not in
the nature of a news item;
(d) modelling;
20 (e) appearing in promotional events or
advertising;
(f) working as a photographic subject,
whether still or moving;
(g) working in or in relation to a circus;
25 (h) taking part in a performance that is
recorded for use in a subsequent
entertainment or exhibition;
(i) working in musical theatre, plays,
operas or other live entertainment;
30 (j) performing in a shopping centre;
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Child Employment Act 2002
Act No.
part 1--Preliminary
s. 3
"family business", in relation to a child, means a
business, trade or occupation carried on by a
parent or guardian of the child;
"light work" has the meaning given by section 5;
5 "lock-up stage" means the stage when a
building's external wall cladding and roof
covering is fixed, the flooring is laid and
external doors and external windows are
fixed (even if those doors or windows are
10 only temporary);
"mandatory code" means the code of practice
made under section 27 for the employment
of children in entertainment;
"non-profit organisation" means an organisation
15 established for any cultural or charitable
purpose, the constitution of which prohibits
the distribution of profits to the individual
members of the organisation;
"parent" has the same meaning as in the
20 Children and Young Persons Act 1989;
"permit" means a permit issued under Division 2
of Part 2;
"person" includes an unincorporated association;
"prohibited employment" means any kind of
25 employment that is prohibited by section 11;
"public place" means any open place that is used
by the public, or to which the public has
access, whether or not on payment of money,
whether or not the place is ordinarily so used
30 and whether or not the public consists only
of a limited class of people;
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Child Employment Act 2002
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part 1--Preliminary
s. 4
Examples
Examples of public places include--
(a) streets, roads, footpaths and passages (whether
or not on private property);
5 (b) forecourts of public and commercial buildings;
(c) carparks;
(d) parks, gardens and recreation reserves;
(e) racecourses and sports grounds;
"registered pharmacist" means a person
10 registered as a pharmacist under the
Pharmacists Act 1974;
"school day" has the same meaning as in the
Education Act 1958;
"school hours" means the hours that a school
15 requires a child to attend on any school day;
"school term" means--
(a) in relation to a State school within the
meaning of the Education Act 1958--
the term as set by the Minister
20 administering Part II of that Act;
(b) in relation to any other school--the
term as set by the school;
"Secretary" means Secretary to the Department;
"sell" includes offer for sale and expose for sale;
25 "street trading" means selling anything in a
public place.
4. What is employment?
(1) For the purposes of this Act, a child is engaged in
employment if the child takes part or assists in any
30 business, trade or occupation carried on for
profit--
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Child Employment Act 2002
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part 1--Preliminary
s. 4
(a) whether or not the child receives payment or
other reward for his or her participation or
assistance; and
(b) whether the child is engaged under a contract
5 of service, a contract for services or any
other arrangement.
(2) For the purposes of this Act, a person who causes
or permits a child to engage in employment--
(a) employs the child; and
10 (b) is an employer of the child.
(3) Despite sub-section (2)--
(a) a parent or guardian of a child is not to be
taken to employ the child, or to be an
employer of the child, only because he or she
15 permits the child to engage in employment,
except in relation to a family business;
(b) the Secretary is not to be taken to employ a
child, or to be an employer of a child, only
because he or she issues a permit for the
20 child to engage in employment;
(c) a principal or head teacher of a school is not
to be taken to employ a child who is a pupil
at the school, or to be an employer of the
child, only because he or she makes a work
25 experience arrangement under the
Education Act 1958 in respect of the child.
(4) Examples of activities that do not constitute
employment include--
(a) participating in a church service or religious
30 program;
(b) participating in an occasional project or
entertainment the net proceeds of which are
applied for the benefit of a church or school;
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Child Employment Act 2002
Act No.
part 1--Preliminary
s. 5
(c) performing any work for a non-profit
organisation;
(d) participating in a sporting activity (including
coaching, refereeing or umpiring).
5 (5) Nothing in sub-section (4) limits the kinds of
activities that constitute or do not constitute
employment.
5. What is light work?
(1) For the purposes of this Act, "light work" means
10 work or any other activity that--
(a) is not likely to be harmful to a child's health
or safety, moral or material welfare or
development; and
(b) is not such as to prejudice the child's
15 attendance at school or their capacity to
benefit from instruction.
(2) Examples of light work include--
(a) going on errands;
(b) casual work in or around a private home;
20 (c) golf-caddying;
(d) clerical work;
(e) gardening;
(f) street trading;
(g) delivering newspapers, pamphlets or other
25 advertising material and making deliveries
for a registered pharmacist;
(h) entertainment;
(i) farming related chores;
(j) working as a sales assistant in a shop.
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Child Employment Act 2002
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part 1--Preliminary
s. 6
(3) An activity given as an example in sub-section (2)
is not light work to the extent that it--
(a) is likely to be harmful to a child's health or
safety, moral or material welfare or
5 development; or
(b) is such as to prejudice the child's attendance
at school or their capacity to benefit from
instruction.
(4) Nothing in sub-section (2) limits the kinds of
10 activities that may constitute light work.
(5) In determining whether or not any work or other
activity is light work, consideration must be given
to the nature and environment of the workplace or
other place where the work or activity is, or is to
15 be, performed.
6. Act binds the Crown
This Act binds the Crown in right of Victoria and,
so far as the legislative power of Parliament
permits, the Crown in all its other capacities.
__________________
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Child Employment Act 2002
Act No.
part 2--employment of children
s. 7
PART 2--EMPLOYMENT OF CHILDREN
Division 1--When may Children be Employed?
7. When may a child be employed?
A child may be employed--
5 (a) in accordance with a permit; or
(b) in a family business, in accordance with
Division 4.
Note: A child may also be employed in accordance with a
work experience arrangement under Part IVA of the
10 Education Act 1958--see section 64M of that Act.
8. Employment without a permit
(1) A person must not employ a child unless a permit
has been issued for the employment.
Penalty: 50 penalty units in the case of a body
15 corporate;
10 penalty units in any other case.
(2) A parent or guardian of a child must not allow the
child to engage in employment unless a permit has
been issued for the employment.
20 Penalty: 10 penalty units.
(3) Sub-sections (1) and (2) do not apply to the
employment of a child in a family business.
Note: This section also does not apply to the employment of
a child in accordance with a work experience
25 arrangement under the Education Act 1958, except as
provided by section 64M(4) of that Act.
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Child Employment Act 2002
Act No.
part 2--employment of children
s. 9
9. Age limits for employment
(1) A person must not employ a child who is under
11 years of age in any employment.
Penalty: 100 penalty units in the case of a body
5 corporate;
60 penalty units in any other case.
(2) A person must not employ a child who is of or
over 11 years of age but under 13 years of age in
any employment other than--
10 (a) delivering newspapers;
(b) delivering pamphlets or other advertising
material;
(c) making deliveries for a registered
pharmacist.
15 Penalty: 100 penalty units in the case of a body
corporate;
60 penalty units in any other case.
Note: This section does not apply to the employment of a child in
a family business or in entertainment--see sections 23(a)
20 and 26(1)(a).
10. Employment of children during school hours
(1) A person must not employ a child during school
hours on any school day unless the Minister has
granted the child an exemption from attendance at
25 school under section 74G of the Community
Services Act 1970.
Penalty: 100 penalty units in the case of a body
corporate;
60 penalty units in any other case.
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Child Employment Act 2002
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part 2--employment of children
s. 11
(2) A parent or guardian of a child must not allow the
child to engage in employment if the nature and
extent of the employment is such as to prejudice
the child's attendance at school or their capacity to
5 benefit from instruction.
Penalty: 60 penalty units.
11. Prohibited employment
(1) A person must not employ a child in any of the
following kinds of employment--
10 (a) selling any goods or services at a private or
commercial residence (including making a
contact sales agreement within the meaning
of the Fair Trading Act 1999);
(b) employment on a fishing boat, other than a
15 boat operating on inland waters within the
meaning of the Fisheries Act 1995;
(c) employment on a building or construction
site (whether commercial or residential) at
any time before the buildings on the site are
20 at lock-up stage;
(d) any kind of employment declared under
sub-section (2) to be prohibited employment
for the purposes of this sub-section.
Penalty: 100 penalty units in the case of a body
25 corporate;
60 penalty units in any other case.
(2) The Governor in Council, by order published in
the Government Gazette, may declare a kind of
employment to be prohibited employment for the
30 purposes of sub-section (1).
(3) The Governor in Council, by order published in
the Government Gazette, may from time to time
amend or revoke a declaration made under sub-
section (2).
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Child Employment Act 2002
Act No.
part 2--employment of children
s. 12
Division 2--Permits for Children to Engage in Employment
12. Who can apply for a permit?
A parent or guardian of a child may apply to the
Secretary for a permit for the child to engage in
5 employment.
13. What must an application contain?
(1) An application for a permit must--
(a) be in the form approved by the Secretary;
and
10 (b) state the name of the child and the child's
school; and
(c) state the name of--
(i) the child's prospective employer; and
(ii) each person who will supervise, tutor or
15 chaperone the child in relation to the
proposed employment; and
(d) contain the signed consent of each person
referred to in paragraph (c) to a police check
of their criminal record; and
20 (e) contain a statement by the child's prospective
employer giving details of--
(i) the intended workplace of the child and
the business, trade or occupation
carried on there; and
25 (ii) the duties it is intended that the child
will perform; and
(iii) the intended hours of work of the child;
and
(f) be signed by the applicant and by or on
30 behalf of the prospective employer and the
child's school.
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Child Employment Act 2002
Act No.
part 2--employment of children
s. 14
(2) The consent referred to in sub-section (1)(d) must
be in the form, and contain the particulars,
specified for the purpose by the Chief
Commissioner of Police.
5 (3) If the child is not required to attend any school,
the application must contain a statement to that
effect and give the reason why the child is not
required to attend.
(4) The Secretary may refuse to consider an
10 application if it does not comply with this section.
14. Investigation of an application
(1) On receiving an application for a permit, the
Secretary--
(a) must cause to be carried out all
15 investigations and inquiries that he or she
considers necessary to enable the proper
consideration of the application; and
(b) may require the applicant or the prospective
employer (or both) to provide further
20 information relevant to the application in the
form and manner required by the Secretary.
(2) The Secretary must refer the application to the
Chief Commissioner of Police.
(3) The Chief Commissioner of Police must, not more
25 than 14 days after receipt of the application from
the Secretary, inquire into and report to the
Secretary on the criminal record, if any, of each
person referred to in section 13(1)(c).
(4) The prospective employer must pay the
30 reasonable costs of the Chief Commissioner's
inquiry and report under sub-section (3) and, if the
prospective employer does not do so, the Chief
Commissioner may recover them from the
prospective employer as a debt in any court of
35 competent jurisdiction.
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Act No.
part 2--employment of children
s. 15
(5) The Secretary may refuse to consider an
application if the applicant or prospective
employer does not provide any further
information required under sub-section (1)(b)
5 within a reasonable time after the requirement is
made.
15. Determining an application
(1) The Secretary may grant an application for a
permit if he or she is satisfied that--
10 (a) the health, education and moral and material
welfare of the child will not suffer from the
proposed employment; and
(b) the child is fit to be engaged in the proposed
employment; and
15 (c) the child will not be subjected to any form of
exploitation in the course of the proposed
employment; and
(d) the proposed employment is not prohibited
employment; and
20 (e) the child is within the age limits permitted by
section 9 for the proposed employment.
(2) If the Secretary is not satisfied of the matters
referred to in sub-section (1), he or she must
refuse the application.
25 (3) If the Secretary grants an application for a permit,
he or she must--
(a) issue a permit to the applicant; and
(b) send a copy of the permit to the prospective
employer and the child's school.
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part 2--employment of children
s. 16
(4) A permit issued under this section--
(a) must state the employment authorised by the
permit; and
(b) subject to section 17, is valid for the period
5 (not exceeding 12 months) specified in it.
16. Permit conditions
(1) A permit is subject to any conditions determined
by the Secretary and specified in the permit.
(2) In particular, the following conditions may be
10 imposed on a permit--
(a) conditions limiting employment under the
permit to a particular workplace or locality;
(b) conditions limiting employment under the
permit to a particular activity, event,
15 performance or production;
(c) conditions in respect of hours of work and
rest breaks.
(3) Nothing in sub-section (2) limits the kinds of
conditions that may be imposed on a permit.
20 (4) A person who employs a child under a permit
must not contravene a condition of the permit.
Penalty: 100 penalty units in the case of a body
corporate;
60 penalty units in any other case.
25 17. Variation or cancellation of permit
(1) The Secretary may vary or cancel a permit at any
time by giving written notice to a parent or
guardian of the child to whom it applies.
(2) If the Secretary varies or cancels a permit, he or
30 she must give written notice of the variation or
cancellation to the child's employer and the child's
school.
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Child Employment Act 2002
Act No.
part 2--employment of children
s. 18
Division 3--General Conditions of Employment
18. Condition 1--light work
A child may only be employed to perform light
work.
5 19. Condition 2--hours of work
(1) A child may be employed--
(a) for a maximum of 3 hours per day and
12 hours per week at any time during school
term; and
10 (b) for a maximum of 6 hours per day and
30 hours per week at any time outside school
term.
Note: A child must not be employed during school hours--
see section 10.
15 (2) The hours in sub-section (1)(b) are inclusive of
rest breaks.
(3) A child must not be employed to perform work on
any day--
(a) earlier than 6 a.m. or sunrise (whichever is
20 later) or later than 6 p.m. or sunset
(whichever is earlier) if the child is
employed in street trading;
(b) earlier than 6 a.m. or later than 9 p.m. in any
other case.
25 Note: This section does not apply to the employment of a
child in a family business or in entertainment--see
sections 23(b) and 26(1)(b).
20. Condition 3--rest breaks
(1) A child who is employed must be given a rest
30 break of at least 30 minutes after every 3 hours of
work.
(2) The rest break may be paid or unpaid.
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Child Employment Act 2002
Act No.
part 2--employment of children
s. 21
(3) A child who is employed must be given a break of
at least 12 hours between finishing one shift of
work and commencing the next.
Note: This section does not apply to the employment of a
5 child in a family business or in entertainment--see
sections 23(c) and 26(1)(c).
21. Contravention of conditions
A person who employs a child must not
contravene a condition set out in this Division that
10 applies to that employment.
Penalty: 100 penalty units in the case of a body
corporate;
60 penalty units in any other case.
Division 4--Employment in Family Businesses
15 22. When may a child be employed in a family business?
(1) A child may be employed in or in relation to a
family business without a permit.
(2) Nothing in sub-section (1) allows a child to be
employed in prohibited employment.
20 Note: Also, the child can only be employed to perform light
work and cannot be employed during school hours--
see sections 10 and 18.
23. Provisions that do not apply to employment in family
businesses
25 The following provisions of this Act do not apply
to the employment of a child in or in relation to a
family business--
(a) section 9 (age limits for employment);
(b) section 19 (hours of work);
30 (c) section 20 (rest breaks).
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part 2--employment of children
s. 24
24. Supervision
A parent or guardian must not employ a child in
or in relation to a family business unless the child
is directly supervised in that employment by a
5 parent or guardian.
Penalty: 60 penalty units.
Division 5--Employment in Entertainment
25. When may a child be employed in entertainment?
A child may be employed in entertainment in
10 accordance with a permit.
26. Provisions that do not apply to employment in
entertainment
(1) The following provisions of this Act do not apply
to the employment of a child in entertainment--
15 (a) section 9 (age limits for employment);
(b) section 19 (hours of work);
(c) section 20 (rest breaks).
(2) Despite sub-section (1), the Secretary may take
into account any provision referred to in that sub-
20 section in determining the conditions (if any) to be
imposed on a permit for the employment of a
child in entertainment.
27. Mandatory code of practice
(1) The Minister must make a mandatory code of
25 practice for the employment of children in
entertainment.
(2) The Minister is to make all reasonable efforts to
make the code within 12 months after the
commencement of this section.
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Act No.
part 2--employment of children
s. 28
(3) Before making the code, the Minister must
consult--
(a) representatives of employers and employees
in the entertainment industry; and
5 (b) any government agencies that the Minister
considers have an interest in the
entertainment industry.
28. What will the mandatory code contain?
(1) The mandatory code is to contain provisions
10 regulating the employment of children in
entertainment.
(2) The code may apply, adopt or incorporate (with or
without modification) any document as in force at
a particular time or as in force from time to time.
15 29. How is the mandatory code made?
(1) The Minister makes the mandatory code by order
published in the Government Gazette.
(2) The code takes effect on the day the order is
published or the later day specified in the order.
20 30. Effect of the mandatory code
A person who employs a child in entertainment
must not contravene the mandatory code.
Penalty: 100 penalty units in the case of a body
corporate;
25 60 penalty units in any other case.
31. Variation and revocation of the mandatory code
(1) The Minister may, by order published in the
Government Gazette, vary or revoke the
mandatory code at any time.
30 (2) If the Minister revokes the mandatory code, he or
she must make another mandatory code within
6 months.
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Child Employment Act 2002
Act No.
part 2--employment of children
s. 32
32. Availability of the mandatory code
The Secretary must ensure that copies of the
mandatory code as varied from time to time are
available for public inspection, without charge, at
5 the principal office of the Department during
ordinary office hours.
__________________
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Child Employment Act 2002
Act No.
part 3--other restrictions on the performance of work by children
s. 33
PART 3--OTHER RESTRICTIONS ON THE PERFORMANCE
OF WORK BY CHILDREN
33. Light work
(1) A person must not cause or permit a child to
5 engage in any of the following activities except to
the extent that the activity is light work--
(a) participating in a church service or religious
program;
(b) participating in an occasional project or
10 entertainment the net proceeds of which
are applied for the benefit of a church or
school;
(c) performing any work for a non-profit
organisation;
15 (d) participating in a sporting activity (including
coaching, refereeing or umpiring).
Penalty: 100 penalty units in the case of a body
corporate;
60 penalty units in any other case.
20 (2) A parent or guardian of a child does not
contravene sub-section (1) only because he or she
permits the child to engage in an activity that is
being conducted or supervised by another person
or body.
25 34. Working for non-profit organisations
A non-profit organisation must not cause or
permit a child to perform any work for the
organisation in a public place or engage in door-
to-door fundraising earlier than 6 a.m. or sunrise
30 (whichever is later) or later than 6 p.m. or sunset
(whichever is earlier), unless the child is
accompanied by an adult.
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Child Employment Act 2002
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part 3--other restrictions on the performance of work by children
s. 34
Penalty: 100 penalty units in the case of a body
corporate;
60 penalty units in any other case.
__________________
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Child Employment Act 2002
Act No.
part 4--compliance
s. 35
PART 4--COMPLIANCE
Division 1--Child Employment Officers
35. What are the functions of child employment officers?
(1) The primary function of child employment
5 officers is to provide information about the
operation of this Act to employers, schools,
children, parents and other interested members of
the community.
(2) Child employment officers also have the function
10 of investigating applications for permits, ensuring
compliance with this Act and any other functions
conferred by or under this Act.
36. Appointment of child employment officers
The Minister may, by instrument, appoint as a
15 child employment officer for the purposes of this
Act a person employed under Part 3 of the Public
Sector Management and Employment Act 1998
who, in the Minister's opinion--
(a) is competent to perform the functions and
20 exercise the powers of a child employment
officer; and
(b) is of good repute, having regard to character,
honesty and integrity; and
(c) agrees in writing to perform the functions of
25 a child employment officer in accordance
with the criteria established from time to
time by the Minister.
37. Identity cards
(1) Each child employment officer must be issued
30 with an identity card in the form approved by the
Minister.
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s. 38
(2) The identity card must bear a photograph and the
signature of the child employment officer.
(3) A child employment officer must produce his or
her identity card for inspection--
5 (a) before exercising a power under this Part
other than a requirement made by post, fax,
e-mail or other electronic communication;
and
(b) at any time during the exercise of a power
10 under this Part, if asked to do so.
Penalty: 10 penalty units.
38. When may powers be exercised?
(1) A child employment officer may exercise powers
under this Part only to the extent that it is
15 reasonably necessary to do so for the purpose of--
(a) investigating an application for a permit; or
(b) determining compliance with this Act.
(2) In exercising powers under this Part, a child
employment officer must--
20 (a) cause as little inconvenience as possible; and
(b) not remain on premises any longer than is
reasonably necessary.
39. Power of entry
(1) At any time during ordinary working hours, a
25 child employment officer may without force
enter--
(a) any premises identified in an application for
a permit as an intended workplace of a child;
or
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Child Employment Act 2002
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part 4--compliance
s. 39
(b) any premises at which the officer has
reasonable grounds for believing that work is
being or has been performed by a child.
(2) If an owner or occupier of premises is present
5 when a child employment officer exercises a
power of entry under this section, the officer
must--
(a) produce his or her identity card for
inspection; and
10 (b) inform the owner or occupier of the purpose
of the entry.
(3) If a child employment officer exercises a power of
entry under this section without the owner or
occupier being present, the officer must--
15 (a) on leaving the premises, leave a notice
setting out--
(i) the time of entry; and
(ii) the purpose of entry; and
(iii) a description of all things done while
20 on the premises; and
(iv) the time of departure; and
(v) the procedure for contacting the officer
for further details of the entry; and
(b) post a copy of that notice--
25 (i) to the owner of the premises, if the
identity and address of that owner are
known to the officer; and
(ii) to the occupier of the premises, if the
identity and address of the occupier are
30 known to the officer.
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part 4--compliance
s. 39
(4) A child employment officer does not have
authority to enter any part of premises used for
residential purposes, unless--
(a) the officer has, before the entry and in
5 addition to complying with sub-section (2),
informed the occupier that he or she may
refuse to consent to the entry; and
(b) the occupier has consented to the entry.
(5) If an occupier consents to an entry under sub-
10 section (4), the child employment officer who
requested consent must before entering the
premises ask the occupier to sign an
acknowledgment in the prescribed form stating--
(a) that the occupier has been informed of the
15 purpose of the entry; and
(b) that the occupier has been informed that he
or she may refuse to consent to the entry; and
(c) that the occupier has consented to the entry;
and
20 (d) the date and time that the occupier
consented.
(6) An occupier who signs an acknowledgment must
be given a copy of the signed acknowledgment
before the child employment officer leaves the
25 premises.
(7) If, in any proceeding, an acknowledgment is not
produced to the court or a tribunal, it must be
presumed, until the contrary is proved, that the
occupier did not consent to the entry.
30 (8) Sub-section (4) does not apply to any part of
premises used both for residential purposes and
for work.
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Child Employment Act 2002
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part 4--compliance
s. 40
40. Powers on entry
On exercising a power of entry under section 39, a
child employment officer may--
(a) inspect any work, material, machinery,
5 appliance, article, facility or other thing;
(b) take samples of any goods or substances in
accordance with the regulations;
(c) interview any employee;
(d) require a person having the custody of, or
10 access to, a document relevant to the purpose
of investigating an application for a permit or
determining compliance with this Act to
produce the document to the officer within a
reasonable period specified by the officer;
15 (e) inspect, and make copies of or take extracts
from, a document produced to him or her.
41. Power to require production of documents
(1) A child employment officer, by written notice,
may require a person to produce to him or her,
20 within a reasonable period specified in the notice,
a document relevant to the purpose of
investigating an application for a permit or
determining compliance with this Act.
(2) A child employment officer may inspect, and
25 make copies of or take extracts from, a document
produced to him or her under sub-section (1).
42. Retention of documents
(1) A child employment officer may retain a
document produced to him or her for the period
30 necessary for the purpose of performing functions
and exercising powers as a child employment
officer.
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part 4--compliance
s. 43
(2) During the period that the child employment
officer retains a document, he or she must permit
the person otherwise entitled to its possession to
inspect it and make copies of or take extracts from
5 it.
43. Search warrant
(1) A child employment officer may apply to a
magistrate for the issue of a search warrant in
relation to particular premises if the child
10 employment officer believes on reasonable
grounds that there is, or may be within the next
72 hours, on the premises a particular thing that
may be evidence of the commission of an offence
against this Act.
15 (2) A magistrate may issue a search warrant under
this section if the magistrate is satisfied by
evidence on oath, whether oral or by affidavit, that
there are reasonable grounds for suspecting that
there is, or may be within 72 hours, on premises a
20 particular thing that may be evidence of the
commission of an offence against this Act.
(3) The search warrant may authorise a child
employment officer named in the warrant and any
assistants the officer considers necessary--
25 (a) to enter the premises, or part of the premises,
named or described in the warrant; and
(b) to search for the thing named or described in
the warrant.
(4) In addition to any other requirement, a search
30 warrant issued under this section must state--
(a) the offence suspected; and
(b) the premises to be searched; and
(c) a description of the thing for which the
search is to be made; and
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Child Employment Act 2002
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part 4--compliance
s. 44
(d) any conditions to which the warrant is
subject; and
(e) whether entry is authorised to be made at any
time or during stated hours; and
5 (f) a day, not later than 7 days after the issue of
the warrant, on which the warrant ceases to
have effect.
(5) A search warrant must be issued in accordance
with the Magistrates' Court Act 1989 and in the
10 form prescribed under that Act.
(6) The rules to be observed with respect to search
warrants mentioned in the Magistrates' Court
Act 1989 extend and apply to warrants under this
section.
15 44. Announcement before entry
(1) Before executing a search warrant, the child
employment officer named in the warrant or a
person assisting him or her must--
(a) announce that he or she is authorised by the
20 warrant to enter the premises; and
(b) give any person at the premises an
opportunity to allow entry to the premises.
(2) The child employment officer or a person
assisting him or her need not comply with sub-
25 section (1) if the officer or person believes on
reasonable grounds that immediate entry to the
premises is required to ensure--
(a) the safety of any person; or
(b) that the effective execution of the warrant is
30 not frustrated.
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s. 45
45. Copy of warrant to be given to occupier
If the occupier or another person who apparently
represents the occupier is present at the premises
when a search warrant is being executed, the child
5 employment officer must--
(a) identify himself or herself to that person by
producing his or her identity card for
inspection by that person; and
(b) give to that person a copy of the execution
10 copy of the warrant.
46. Confidentiality
(1) A child employment officer must not, except to
the extent necessary to carry out the officer's
functions, give to any other person, whether
15 directly or indirectly, any information acquired by
the officer in carrying out those functions.
Penalty: 60 penalty units.
(2) Sub-section (1) does not apply to the giving of
information--
20 (a) to a court or tribunal in the course of legal
proceedings; or
(b) pursuant to an order of a court or tribunal; or
(c) to the extent reasonably required to enable
the investigation or the enforcement of a law
25 of Victoria or of any other State or Territory
or of the Commonwealth; or
(d) with the written authority of the Minister; or
(e) with the written authority of the person to
whom the information relates.
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Child Employment Act 2002
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part 4--compliance
s. 47
Division 2--Offences
47. Failing to produce documents, hindering child
employment officers and giving them false
information
5 (1) A person must not, without reasonable excuse--
(a) fail to comply with a notice to produce a
document given under section 40 or 41; or
(b) otherwise obstruct or hinder a child
employment officer performing functions or
10 exercising powers under this Act.
Penalty: 60 penalty units.
(2) A person must not--
(a) give information to a child employment
officer that the person knows to be false or
15 misleading in a material particular; or
(b) produce a document to a child employment
officer that the person knows to be false or
misleading in a material particular without
indicating the respect in which it is false or
20 misleading and, if practicable, providing
correct information.
Penalty: 60 penalty units.
48. Protection against self-incrimination
(1) It is a reasonable excuse for a natural person to
25 refuse or fail to give information, produce a
document or do any other thing that the person is
required to do by or under this Part, if the giving
of the information, production of the document or
doing of the thing would tend to incriminate the
30 person.
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s. 49
(2) Despite sub-section (1), it is not a reasonable
excuse for a natural person to refuse or fail to
produce a record or other document that the
person is required to keep by this Act or the
5 regulations, if the production of the record or
other document would tend to incriminate the
person.
49. Impersonating child employment officers
A person must not impersonate a child
10 employment officer.
Penalty: 60 penalty units.
50. Proceedings for offences to be brought in Industrial
Division of the Magistrates' Court
If a person is charged with an offence against this
15 Act, the charge must be heard, and all penalties
recovered, before the Magistrates' Court sitting as
the Industrial Division.
51. Offences by unincorporated associations
Proceedings for an offence against this Act by an
20 unincorporated association may be brought
against any or all members of the committee of
management or other governing body of the
association.
__________________
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Child Employment Act 2002
Act No.
part 5--general
s. 52
PART 5--GENERAL
52. Delegation
The Secretary may, by instrument, delegate to a
child employment officer any power of the
5 Secretary under this Act except this power of
delegation.
53. Regulations
(1) The Governor in Council may make regulations
for or with respect to--
10 (a) requiring employers to keep records in
relation to the employment of children;
(b) prescribing any matter or thing required or
permitted by this Act to be prescribed or
necessary to be prescribed to give effect to
15 this Act.
(2) The regulations--
(a) may be of general or limited application;
(b) may differ according to differences in time,
place or circumstances;
20 (c) may impose a penalty, not exceeding
20 penalty units, for a contravention of the
regulations.
__________________
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Child Employment Act 2002
Act No.
part 6--repeals, amendments and transitional provisions
s. 54
PART 6--REPEALS, AMENDMENTS AND TRANSITIONAL
PROVISIONS
54. Repeal of existing child employment laws
Division 9 of Part III of the Community Services
5 Act 1970 is repealed.
55. New section 74G substituted in Community Services
Act 1970
For section 74G of the Community Services Act
1970 substitute--
10 "74G. Exemption from attendance at school
The Minister may exempt a child from
attendance at school on the ground--
(a) of illness of, or severe hardship to, the
child's parents; or
15 (b) that the child (being at least 12 years of
age) has been recommended by a
medical practitioner for treatment that
would prevent the child attending
school; or
20 (c) that it is in the interest of the child to be
exempted from attendance at school.".
56. Amendment of Education Act 1958
(1) In section 64LB of the Education Act 1958, after
sub-section (1) insert--
25 "(1A) A work experience arrangement may be
made under sub-section (1) in respect of a
pupil only if the principal or head teacher is
satisfied that--
(a) the health, education and moral and
30 material welfare of the pupil will not
suffer from the proposed arrangement;
and
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Act No.
part 6--repeals, amendments and transitional provisions
s. 56
(b) the pupil is fit to be engaged in the
proposed work experience; and
(c) the pupil will not be subjected to any
form of exploitation in the course of the
5 proposed work experience; and
(d) the proposed work experience is not
prohibited employment within the
meaning of the Child Employment
Act 2002.
10 Note: Section 64M(4) contains further restrictions on
the making of work experience arrangements
for certain types of employment.".
(2) In section 64M of the Education Act 1958, for
sub-sections (3) and (5) substitute--
15 "(3) For the avoidance of doubt, a permit under
Division 2 of Part 2 of the Child
Employment Act 2002 is not required for
the employment of a child in accordance
with a work experience arrangement, except
20 as provided by sub-section (4).
(4) A work experience arrangement authorising
the employment of a child in a factory or in a
class of employment declared to be
dangerous employment under sub-section (5)
25 cannot be made unless--
(a) the child is of or over 14 years of age;
and
(b) a permit has been issued under
Division 2 of Part 2 of the Child
30 Employment Act 2002 in respect of
the proposed employment.
(5) The Minister, by order published in the
Government Gazette, may declare any class
of employment to be dangerous employment
35 if, in the Minister's opinion, there is a higher
than usual risk of a child being exposed to
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part 6--repeals, amendments and transitional provisions
s. 57
the risk of physical injury in employment of
that class.
(5A) The Minister, by order published in the
Government Gazette, may from time to time
5 amend or revoke an order made under sub-
section (5).".
(3) in section 64MA of the Education Act 1958, for
sub-section (3) substitute--
"(3) Section 64LB(1A) does not apply to a work
10 experience arrangement under
sub-section (1).".
57. Transitional arrangement--permits
A permit or licence issued under section 77 of the
Community Services Act 1970 that was in force
15 immediately before the commencement of
section 54 continues in force in accordance with
its terms, as if it were a permit issued under
Division 2 of Part 2 of this Act.
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Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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