Victorian Consolidated Legislation

Child Employment Act 2003 - SECT 16

Determining an application for a permit

16. Determining an application for a permit



(1) Subject to subsection (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 proposed employment; and

   (b)  the child is fit to be engaged in the proposed employment; and

   (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

   (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 referred to in subsection
(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) who is
not a parent, guardian or extended family member of the child-

   (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, 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 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.



(6) A permit issued under this section-

   (a)  must state the employment authorised by the permit; and

   (b)  subject to section 18, is valid for the period (not exceeding 12
        months) specified in it.