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PARLIAMENT OF VICTORIA
Child Employment Act 2003
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? 6
5. What is light work? 7
6. Supervisors include tutors and chaperones in entertainment 8
7. Act binds the Crown 9
PART 2--EMPLOYMENT OF CHILDREN 10
Division 1--When may Children be Employed? 10
8. When may a child be employed? 10
9. Employment without a permit 10
10. Minimum age for employment 11
11. Employment of children during school hours 11
12. Prohibited employment 12
Division 2--Permits for Children to Engage in Employment 13
13. Application for a permit 13
14. Investigation of an application for a permit 14
15. Police checks 15
16. Determining an application for a permit 15
17. Permit conditions 17
18. Variation or cancellation of a permit 17
19. Supervision of children employed under a permit 18
Division 3--General Conditions of Employment 20
20. Condition 1--light work 20
21. Condition 2--hours of work 20
22. Condition 3--rest breaks 20
23. Contravention of conditions 21
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Clause Page
Division 4--Employment in Family Businesses 21
24. When may a child be employed in a family business? 21
25. Provisions that do not apply to employment in family businesses 21
26. Supervision in family businesses 22
Division 5--Employment in Entertainment 22
27. When may a child be employed in entertainment? 22
28. Provisions that do not apply to employment in entertainment 22
29. Mandatory code of practice 22
30. What will the mandatory code contain? 23
31. How is the mandatory code made? 23
32. Effect of the mandatory code 23
33. Variation and revocation of the mandatory code 23
34. Availability of the mandatory code 24
PART 3--RESTRICTIONS ON ACTIVITIES NOT
CONSTITUTING EMPLOYMENT 25
35. Restriction on certain activities 25
36. Non-profit organisations--restricted hours for outdoor activities 25
PART 4--COMPLIANCE 27
Division 1--Child Employment Officers 27
37. What are the functions of child employment officers? 27
38. Appointment of child employment officers 27
39. Identity cards 27
40. Police to assist child employment officers 28
41. When may powers be exercised? 28
42. Power of entry 29
43. Powers on entry 31
44. Power to require production of documents 32
45. Retention of documents 32
46. Confidentiality 32
Division 2--Offences 33
47. Failing to produce documents, hindering child employment
officers and giving them false information 33
48. Protection against self-incrimination 34
49. Impersonating child employment officers 34
50. Proceedings for offences to be brought in Industrial Division of
the Magistrates' Court 34
51. Offences by unincorporated associations 34
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Clause Page
PART 5--GENERAL 35
52. Delegation 35
53. Regulations 35
PART 6--REPEALS, AMENDMENTS AND TRANSITIONAL
PROVISIONS 36
54. Repeal of existing child employment laws 36
55. New section 74G substituted in Community Services Act 1970 36
74G. Exemption from attendance at school 36
56. Amendment of Education Act 1958 36
57. New section 64T inserted in Education Act 1958 38
64T. Transitional 38
58. Transitional arrangement--permits 38
ENDNOTES 39
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PARLIAMENT OF VICTORIA
Initiated in Assembly 8 April 2003
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 2003
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 2003
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 January 2004, it comes into
operation on that day.
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Child Employment Act 2003
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 38;
"declaration of suitability" means a declaration
given under section 19(4);
"Department" means Department of Innovation,
Industry and Regional Development;
10 "door-to-door selling", in relation to a child,
means selling by the child of any goods or
services at any premises other than premises
occupied by the child's employer, and
includes the child making a contact sales
15 agreement within the meaning of the Fair
Trading Act 1999 with a purchaser;
"employ" has the meaning given by section 4;
"employer" has the meaning given by section 4;
"employment" has the meaning given by
20 section 4;
"entertainment" means any form of
entertainment and includes--
(a) singing, dancing or acting;
(b) playing a musical instrument;
25 (c) appearing in a radio, television, film or
similar program or production not in
the nature of a news item;
(d) modelling;
(e) appearing in promotional events or
30 advertising;
(f) working as a photographic subject,
whether still or moving;
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Child Employment Act 2003
Act No.
Part 1--Preliminary
s. 3
(g) working in or in relation to a circus;
(h) taking part in a performance that is
recorded for use in a subsequent
entertainment or exhibition;
5 (i) working in musical theatre, plays,
operas or other live entertainment;
(j) performing in a shopping centre;
"family business", in relation to a child, means a
business, trade or occupation carried on by a
10 parent or guardian of the child;
"light work" has the meaning given by section 5;
"lock-up stage" means the stage when a
building's external wall cladding and roof
covering is fixed, the flooring is laid and
15 external doors and external windows are
fixed (even if those doors or windows are
only temporary);
"mandatory code" means the code of practice
made under section 29 for the employment
20 of children in entertainment;
"non-profit organisation" means an organisation
established for any cultural or charitable
purpose, the constitution of which prohibits
the distribution of profits to the individual
25 members of the organisation;
"parent" has the same meaning as in the
Children and Young Persons Act 1989;
"permit" means a permit issued under Division 2
of Part 2;
30 "person" includes an unincorporated association;
"police check", in relation to a person, means a
check by the Chief Commissioner of Police
on the person's criminal record (if any);
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Child Employment Act 2003
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Part 1--Preliminary
s. 3
"prohibited employment" means any kind of
employment that is prohibited by section 12;
"public place" means any open place that is used
by the public, or to which the public has
5 access, whether or not on payment of money,
whether or not the place is ordinarily so used
and whether or not the public consists only
of a limited class of people;
Examples
10 Examples of public places include--
(a) streets, roads, footpaths and passages (whether
or not on private property);
(b) forecourts of public and commercial buildings;
(c) carparks;
15 (d) parks, gardens and recreation reserves;
(e) racecourses and sports grounds;
"registered pharmacist" means a person
registered as a pharmacist under the
Pharmacists Act 1974;
20 "school day" has the same meaning as in the
Education Act 1958;
"school hours" means the hours that a school
requires a child to attend on any school day;
"school term" means--
25 (a) in relation to a State school within the
meaning of the Education Act 1958--
the term as set by the Minister
administering Part II of that Act;
(b) in relation to any other school--the
30 term as set by the school;
"Secretary" means Secretary to the Department;
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Child Employment Act 2003
Act No.
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s. 4
"sell" includes offer for sale and expose for sale;
"street trading" means selling anything in a
public place.
4. What is employment?
5 (1) For the purposes of this Act, a child is engaged in
employment if the child takes part or assists in any
business, trade or occupation carried on for
profit--
(a) whether or not the child receives payment or
10 other reward for his or her participation or
assistance; and
(b) whether the child is engaged under a contract
of service, a contract for services or any
other arrangement.
15 (2) For the purposes of this Act, a person who causes
or permits a child to engage in employment--
(a) employs the child; and
(b) is an employer of the child.
(3) Despite sub-section (2)--
20 (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
permits the child to engage in employment,
except in relation to a family business;
25 (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
child to engage in employment;
(c) a principal or head teacher of a school is not
30 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
experience arrangement under the
Education Act 1958 in respect of the child.
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Child Employment Act 2003
Act No.
Part 1--Preliminary
s. 5
(4) Examples of activities that do not constitute
employment include--
(a) participating in a church service or religious
program;
5 (b) participating in an occasional project or
entertainment the net proceeds of which are
applied for the benefit of a church or school;
(c) performing any activity for a non-profit
organisation;
10 (d) participating in a sporting activity (including
coaching, refereeing or umpiring).
(5) Nothing in sub-section (4) limits the kinds of
activities that constitute or do not constitute
employment.
15 5. What is light work?
(1) For the purposes of this Act, "light work" means
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
20 development; and
(b) is not such as to prejudice the child's
attendance at school or their capacity to
benefit from instruction.
(2) Examples of light work include--
25 (a) going on errands;
(b) casual work in or around a private home;
(c) golf-caddying;
(d) clerical work;
(e) gardening;
30 (f) street trading;
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Child Employment Act 2003
Act No.
Part 1--Preliminary
s. 6
(g) delivering newspapers, pamphlets or other
advertising material and making deliveries
for a registered pharmacist;
(h) entertainment;
5 (i) farming related chores;
(j) working as a sales assistant in a shop.
(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
10 safety, moral or material welfare or
development; or
(b) is such as to prejudice the child's attendance
at school or their capacity to benefit from
instruction.
15 (4) Nothing in sub-section (2) limits the kinds of
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
20 other place where the work or activity is, or is to
be, performed.
6. Supervisors include tutors and chaperones in
entertainment
A reference in this Act to a person who has or will
25 have direct supervision or control of a child
includes, in the case of employment in
entertainment, a person who tutors or chaperones,
or will tutor or chaperone, the child in that
employment.
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Child Employment Act 2003
Act No.
Part 1--Preliminary
s. 7
7. 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 2003
Act No.
Part 2--Employment of Children
s. 8
PART 2--EMPLOYMENT OF CHILDREN
Division 1--When may Children be Employed?
8. 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.
9. 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 2003
Act No.
Part 2--Employment of Children
s. 10
10. Minimum age for employment
(1) Subject to sub-section (2), the minimum age for
the employment of a child is--
(a) 11 years of age for any of the following
5 employment--
(i) delivering newspapers;
(ii) delivering pamphlets or other
advertising material;
(iii) making deliveries for a registered
10 pharmacist; and
(b) 13 years of age for any other employment.
(2) There is no minimum age for the employment of a
child in a family business or in entertainment.
(3) A person must not employ a child who is below
15 the minimum age for employment.
Penalty: 100 penalty units in the case of a body
corporate;
60 penalty units in any other case.
11. Employment of children during school hours
20 (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
school under section 74G of the Community
Services Act 1970.
25 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 2003
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s. 12
(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.
12. Prohibited employment
(1) A person must not employ a child in any of the
following kinds of employment--
10 (a) door-to-door selling;
(b) employment on a fishing boat, other than a
boat operating on inland waters within the
meaning of the Fisheries Act 1995;
(c) employment on a building or construction
15 site (whether commercial or residential) at
any time before the buildings on the site are
at lock-up stage;
(d) any kind of employment declared under
sub-section (2) to be prohibited employment
20 for the purposes of this sub-section.
Penalty: 100 penalty units in the case of a body
corporate;
60 penalty units in any other case.
(2) The Governor in Council, by order published in
25 the Government Gazette, may declare a kind of
employment to be prohibited employment for the
purposes of sub-section (1).
(3) The Governor in Council, by order published in
the Government Gazette, may from time to time
30 amend or revoke a declaration made under sub-
section (2).
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Child Employment Act 2003
Act No.
Part 2--Employment of Children
s. 13
Division 2--Permits for Children to Engage in Employment
13. Application for a permit
(1) A parent or guardian of a child may apply to the
Secretary for a permit for the child to engage in
5 employment.
(2) An application for a permit must--
(a) be in the form approved by the Secretary;
and
(b) state the name of the child and the child's
10 school; and
(c) state the name of--
(i) the child's prospective employer; and
(ii) each person who will have direct
supervision or control of the child in
15 the proposed employment, where the
supervision or control will not be
directly supervised by another person;
and
(d) contain, in respect of each person referred to
20 in paragraph (c)--
(i) the signed consent of the person to a
police check, in the form and
containing the particulars specified for
the purpose by the Chief Commissioner
25 of Police; or
(ii) a statutory declaration that the person
consented to a police check in
connection with an application for a
permit or declaration of suitability
30 made within the previous 12 months
and that since that time the person has
not been charged with any offence; and
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Child Employment Act 2003
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Part 2--Employment of Children
s. 14
(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
5 carried on there; and
(ii) the duties it is intended that the child
will perform; and
(iii) the intended hours of work of the child;
and
10 (f) be signed--
(i) by the applicant; and
(ii) by or on behalf of the prospective
employer; and
(iii) by or on behalf of the child's school if
15 the proposed employment will occur
during school term.
(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
20 required to attend.
(4) The Secretary may refuse to consider an
application if it does not comply with this section.
14. Investigation of an application for a permit
(1) On receiving an application for a permit, the
25 Secretary--
(a) must cause to be carried out all
investigations and inquiries that he or she
considers necessary to enable the proper
consideration of the application; and
30 (b) may require the applicant or the prospective
employer (or both) to provide further
information relevant to the application in the
form and manner required by the Secretary.
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Child Employment Act 2003
Act No.
Part 2--Employment of Children
s. 15
(2) 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. Police checks
(1) The Secretary must refer to the Chief
Commissioner of Police each consent to a police
10 check contained in an application for a permit or
declaration of suitability.
(2) Subject to sub-section (3), within 14 days after
receipt of a consent under sub-section (1), the
Chief Commissioner of Police must--
15 (a) cause a police check to be performed on the
person who signed the consent; and
(b) give a report on the person's criminal record
(if any) to the Secretary.
(3) The Chief Commissioner of Police is not required
20 to comply with sub-section (2) until the
reasonable costs of the police check and report are
paid by the prospective employer or employer (as
the case requires).
16. Determining an application for a permit
25 (1) Subject to sub-section (3), the Secretary may grant
an application for a permit if he or she is satisfied
that--
(a) the health, education and moral and material
welfare of the child will not suffer from the
30 proposed employment; and
(b) the child is fit to be engaged in the proposed
employment; and
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s. 16
(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
5 employment; and
(e) the child is of or over the minimum age
permitted by section 10 for the proposed
employment.
(2) If the Secretary is not satisfied of the matters
10 referred to in sub-section (1), he or she must
refuse the application.
(3) The Secretary cannot grant an application until he
or she has received, in respect of each person
named in the application under section 13(2)(c)--
15 (a) a report under section 15(2)(b) on a police
check; or
(b) a statutory declaration under
section 13(2)(d)(ii).
(4) If the Secretary grants an application for a permit,
20 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.
(5) The Secretary need not send a copy of the permit
25 to the child's school if the school was not required
to sign the application for the permit.
Note: Section 13(2)(f) only requires a school to sign an
application if the proposed employment will occur
during school term.
30 (6) A permit issued under this section--
(a) must state the employment authorised by the
permit; and
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(b) subject to section 18, is valid for the period
(not exceeding 12 months) specified in it.
17. Permit conditions
(1) A permit is subject to any conditions determined
5 by the Secretary and specified in the permit.
(2) In particular, the following conditions may be
imposed on a permit--
(a) conditions limiting employment under the
permit to a particular workplace or locality;
10 (b) conditions limiting employment under the
permit to a particular activity, event,
performance or production;
(c) conditions in respect of hours of work and
rest breaks.
15 (3) Nothing in sub-section (2) limits the kinds of
conditions that may be imposed on a permit.
(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
20 corporate;
60 penalty units in any other case.
18. Variation or cancellation of a permit
(1) The Secretary may vary or cancel a permit at any
time by giving written notice to a parent or
25 guardian of the child to whom it applies.
(2) If the Secretary varies or cancels a permit, he or
she must give written notice of the variation or
cancellation to the child's employer and the child's
school.
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s. 19
(3) The Secretary need not give notice under sub-
section (2) to a child's school if the school was not
required to sign the application for the permit.
Note: Section 13(2)(f) only requires a school to sign an
5 application if the proposed employment will occur
during school term.
19. Supervision of children employed under a permit
(1) An employer of a child under a permit must not,
in the course of the child's employment, allow a
10 person to have direct supervision or control of the
child unless--
(a) the person was named in the permit
application as a person who will have direct
supervision or control of the child; or
15 (b) the Secretary has given the employer a
declaration of suitability in respect of the
person; or
(c) the person's supervision or control of the
child is directly supervised by--
20 (i) the employer; or
(ii) another person who was named in the
permit application as a person who will
have direct supervision or control of the
child; or
25 (iii) another person in respect of whom the
Secretary has given the employer a
declaration of suitability.
Penalty: 50 penalty units in the case of a body
corporate;
30 10 penalty units in any other case.
(2) The employer of a child under a permit may apply
to the Secretary for a declaration of suitability in
respect of a person who is intended to have direct
supervision or control of the child.
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(3) The application must contain--
(a) the name of the person in respect of whom
the declaration is sought; and
(b) either--
5 (i) the signed consent of the person to a
police check, in the form and
containing the particulars specified for
the purpose by the Chief Commissioner
of Police; or
10 (ii) a statutory declaration by the person
that he or she consented to a police
check in connection with an application
for a permit or declaration of suitability
made within the previous 12 months
15 and that since that time he or she has
not been charged with any offence.
(4) On an application under sub-section (2), the
Secretary may give the employer a declaration of
suitability in respect of a person if the Secretary
20 considers that it is suitable for the person to have
direct supervision or control of the child in the
course of the child's employment.
(5) The Secretary cannot give an employer a
declaration of suitability in respect of a person
25 until the Secretary has received--
(a) a report under section 15(2)(b) on a police
check; or
(b) a statutory declaration under
sub-section (3)(b)(ii).
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Child Employment Act 2003
Act No.
Part 2--Employment of Children
s. 20
Division 3--General Conditions of Employment
20. Condition 1--light work
A child may only be employed to perform light
work.
5 21. 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 11.
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 25(a) and 28(1)(a).
22. 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 2003
Act No.
Part 2--Employment of Children
s. 23
(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 25(b) and 28(1)(b).
23. 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 24. 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 11 and 20.
25. 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 21 (hours of work);
(b) section 22 (rest breaks).
30 Note: There is also no minimum age for the employment of
children in a family business--see section 10(2).
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Child Employment Act 2003
Act No.
Part 2--Employment of Children
s. 26
26. Supervision in family businesses
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
27. When may a child be employed in entertainment?
A child may be employed in entertainment in
10 accordance with a permit.
28. 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 21 (hours of work);
(b) section 22 (rest breaks).
Note: There is also no minimum age for the employment of
children in entertainment--see section 10(2).
(2) Despite sub-section (1), the Secretary may take
20 into account any provision referred to in that sub-
section in determining the conditions (if any) to be
imposed on a permit for the employment of a
child in entertainment.
29. Mandatory code of practice
25 (1) The Minister must make a mandatory code of
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
30 commencement of this section.
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Child Employment Act 2003
Act No.
Part 2--Employment of Children
s. 30
(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.
30. 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 31. 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 32. 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.
33. 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 2003
Act No.
Part 2--Employment of Children
s. 34
34. 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 2003
Act No.
Part 3--Restrictions on Activities Not Constituting Employment
s. 35
PART 3--RESTRICTIONS ON ACTIVITIES NOT
CONSTITUTING EMPLOYMENT
35. Restriction on certain activities
(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) engaging in any activity for a non-profit
organisation;
(d) participating in a sporting activity (including
15 coaching, refereeing or umpiring).
Penalty: 100 penalty units in the case of a body
corporate;
60 penalty units in any other case.
(2) A parent or guardian of a child does not
20 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.
36. Non-profit organisations--restricted hours for
25 outdoor activities
A non-profit organisation must not cause or
permit a child to engage in any activity 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 2003
Act No.
Part 3--Restrictions on Activities Not Constituting Employment
s. 36
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 2003
Act No.
Part 4--Compliance
s. 37
PART 4--COMPLIANCE
Division 1--Child Employment Officers
37. 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 and the regulations 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 the regulations and
any other functions conferred by or under this or
any other Act.
38. Appointment of child employment officers
15 The Secretary may, by instrument, appoint as a
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 Secretary's opinion--
20 (a) is competent to perform the functions and
exercise the powers of a child employment
officer; and
(b) is of good repute, having regard to character,
honesty and integrity; and
25 (c) agrees in writing to perform the functions of
a child employment officer in accordance
with the criteria established from time to
time by the Secretary.
39. Identity cards
30 (1) Each child employment officer must be issued
with an identity card in the form approved by the
Secretary.
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Child Employment Act 2003
Act No.
Part 4--Compliance
s. 40
(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.
40. Police to assist child employment officers
(1) A child employment officer may request the
assistance of a member of the police force.
15 (2) A member of the police force may assist a child
employment officer to take any action authorised
by this Part.
41. When may powers be exercised?
(1) A child employment officer may exercise powers
20 under this Part only to the extent that it is
reasonably necessary to do so for the purpose of--
(a) investigating an application for a permit; or
(b) determining compliance with this Act or the
regulations.
25 (2) In exercising powers under this Part, a child
employment officer must--
(a) cause as little inconvenience as possible; and
(b) not remain on premises any longer than is
reasonably necessary.
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Child Employment Act 2003
Act No.
Part 4--Compliance
s. 42
42. Power of entry
(1) At any time during ordinary working hours, a
child employment officer may without force
enter--
5 (a) any premises identified in an application for
a permit as an intended workplace of a child;
or
(b) any premises at which the officer has
reasonable grounds for believing that work,
10 or any activity to which Part 3 applies, is
being or has been performed or engaged in
by a child; or
(c) any premises, being a place of business at
which the officer has reasonable grounds for
15 believing that there are documents relevant
to the purpose of determining compliance
with this Act or the regulations.
(2) If an owner or occupier of premises is present
when a child employment officer exercises a
20 power of entry under this section, the officer
must--
(a) produce his or her identity card for
inspection; and
(b) inform the owner or occupier of the purpose
25 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--
(a) on leaving the premises, leave a notice
30 setting out--
(i) the time of entry; and
(ii) the purpose of entry; and
(iii) a description of all things done while
on the premises; and
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Child Employment Act 2003
Act No.
Part 4--Compliance
s. 42
(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--
5 (i) to the owner of the premises, if the
identity and address of the owner are
known to the officer; and
(ii) to the occupier of the premises, if the
identity and address of the occupier are
10 known to the officer.
(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
15 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-
20 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
25 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
30 (d) the date and time that the occupier
consented.
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Child Employment Act 2003
Act No.
Part 4--Compliance
s. 43
(6) An occupier who signs an acknowledgment must
be given a copy of the signed acknowledgment
before the child employment officer leaves the
premises.
5 (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.
(8) Sub-section (4) does not apply to any part of
10 premises used both for residential purposes and
for work. However, a child employment officer
may only enter such premises under this section if
an owner or occupier is present.
43. Powers on entry
15 On exercising a power of entry under section 42, a
child employment officer may--
(a) inspect any work, material, machinery,
appliance, article, facility or other thing;
(b) take samples of any goods or substances in
20 accordance with the regulations;
(c) interview any employee;
(d) require a person having the custody of, or
access to, a document relevant to the purpose
of investigating an application for a permit or
25 determining compliance with this Act or the
regulations to produce the document to the
officer within a reasonable period specified
by the officer;
(e) inspect, and make copies of or take extracts
30 from, a document produced to him or her.
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Child Employment Act 2003
Act No.
Part 4--Compliance
s. 44
44. Power to require production of documents
(1) A child employment officer, by written notice,
may require a person to produce to him or her,
within a reasonable period specified in the notice,
5 a document relevant to the purpose of
investigating an application for a permit or
determining compliance with this Act or the
regulations.
(2) A child employment officer may inspect, and
10 make copies of or take extracts from, a document
produced to him or her under sub-section (1).
45. Retention of documents
(1) A child employment officer may retain a
document produced to him or her for the period
15 necessary for the purpose of performing functions
and exercising powers as a child employment
officer.
(2) During the period that the child employment
officer retains a document, he or she must permit
20 the person otherwise entitled to its possession to
inspect it and make copies of or take extracts from
it.
46. Confidentiality
(1) A child employment officer must not, except to
25 the extent necessary to carry out his or her
functions, give to any other person, whether
directly or indirectly, any information acquired by
the officer in carrying out those functions.
Penalty: 60 penalty units.
30 (2) Sub-section (1) does not apply to the giving of
information--
(a) to a court or tribunal in the course of legal
proceedings; or
(b) pursuant to an order of a court or tribunal; or
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Part 4--Compliance
s. 47
(c) to the extent reasonably required to enable
the investigation or the enforcement of a law
of Victoria or of any other State or Territory
or of the Commonwealth; or
5 (d) with the written authority of the Secretary; or
(e) with the written authority of the person to
whom the information relates.
Division 2--Offences
47. Failing to produce documents, hindering child
10 employment officers and giving them false
information
(1) A person must not, without reasonable excuse--
(a) fail to comply with a notice to produce a
document given under section 43 or 44; or
15 (b) otherwise obstruct or hinder a child
employment officer performing functions or
exercising powers under this Act.
Penalty: 60 penalty units.
(2) A person must not--
20 (a) give information to a child employment
officer that the person knows to be false or
misleading in a material particular; or
(b) produce a document to a child employment
officer that the person knows to be false or
25 misleading in a material particular without
indicating the respect in which it is false or
misleading and, if practicable, providing
correct information.
Penalty: 60 penalty units.
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Child Employment Act 2003
Act No.
Part 4--Compliance
s. 48
48. Protection against self-incrimination
(1) It is a reasonable excuse for a natural person to
refuse or fail to give information, produce a
document or do any other thing that the person is
5 required to do by or under this Act, if the giving
of the information, production of the document or
doing of the thing would tend to incriminate the
person.
(2) Despite sub-section (1), it is not a reasonable
10 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
regulations, if the production of the record or
other document would tend to incriminate the
15 person.
49. Impersonating child employment officers
A person must not impersonate a child
employment officer.
Penalty: 60 penalty units.
20 50. Proceedings for offences to be brought in Industrial
Division of the Magistrates' Court
If a person is charged with an offence against this
Act, the charge must be heard, and all penalties
recovered, before the Magistrates' Court sitting as
25 the Industrial Division.
51. Offences by unincorporated associations
Proceedings for an offence against this Act by an
unincorporated association may be brought
against any or all members of the committee of
30 management or other governing body of the
association.
__________________
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Child Employment Act 2003
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--
(a) a power under section 38 or 39 (appointment
of child employment officers and their
identity cards); or
(b) a power under section 46(2)(d) (authority to
10 give information); or
(c) this power of delegation.
53. Regulations
(1) The Governor in Council may make regulations
for or with respect to--
15 (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
20 this Act.
(2) The regulations--
(a) may be of general or limited application;
(b) may differ according to differences in time,
place or circumstances;
25 (c) may impose a penalty, not exceeding
20 penalty units, for a contravention of the
regulations.
__________________
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Child Employment Act 2003
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
child only if the principal or head teacher is
satisfied that--
(a) the health, education and moral and
30 material welfare of the child will not
suffer from the proposed arrangement;
and
36
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Child Employment Act 2003
Act No.
Part 6--Repeals, Amendments and Transitional Provisions
s. 56
(b) the child is fit to be engaged in the
proposed work experience; and
(c) the child 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 2003.
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 2003 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 2003 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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Child Employment Act 2003
Act No.
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. New section 64T inserted in Education Act 1958
After section 64S of the Education Act 1958
insert--
15 "64T. Transitional
This Part, as amended by section 56 of the
Child Employment Act 2003, applies to
work experience arrangements entered into
or proposed to be entered into after the
20 commencement of that section 56 and this
Part, as in force immediately before that
commencement, continues to apply to work
experience arrangements entered into before
that commencement.".
25 58. Transitional arrangement--permits
A permit or licence issued under section 77 of the
Community Services Act 1970 that was in force
immediately before the commencement of
section 54 continues in force in accordance with
30 its terms, as if it were a permit issued under
Division 2 of Part 2 of this Act.
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Child Employment Act 2003
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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551024B.I1-10/4/2003 BILL LA CIRCULATION 25-10-2004
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