Victorian Consolidated Legislation

Child Employment Act 2003 - SECT 19

Supervision of children employed under a permit

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 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

   (b)  the Secretary has given the employer a declaration of suitability in
        respect of the person; or

   (c)  the person is a parent, guardian or extended family member of the
        child; or

   (d)  the person's supervision or control of the child is directly
        supervised by-

   (i)  the employer; or

   (ii) a parent, guardian or extended family member of the child; or

   (iii) another person who was named in the permit application as a person
        who will have direct supervision or control of the child; or

   (iv) 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; 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.

(3) The application must contain-

   (a)  the name of the person in respect of whom the declaration is sought;
        and

   (b)  either-

   (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

   (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 and that
        since that time he or she has not been charged with any offence.

(4) On an application under subsection (2), the Secretary may give the
employer a declaration of suitability in respect of a person if the Secretary
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 until the Secretary has received-

   (a)  a report under section 15(2)(b) on a police check; or

   (b)  a statutory declaration under subsection (3)(b)(ii).

Division 3-General conditions of employment