Victorian Consolidated Legislation

Child Employment Act 2003 - SECT 4

What is employment?

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 business, trade or occupation carried on
for profit-

   (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 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

   (b)  is an employer of the child.

(3) Despite subsection (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
        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
        child to engage in employment;

   (c)  a principal of a school is not to be taken to employ a child who is a
        student at the school, or to be an employer of the child, only because
        he or she makes a work experience arrangement under the
        Education and Training Reform Act 2006 in respect of the child.

(4) Examples of activities that do not constitute employment include-

   (a)  participating in a church service or religious program;

   (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;

   (d)  participating in a sporting activity (including coaching, refereeing
        or umpiring).

(5) Nothing in subsection (4) limits the kinds of activities that constitute
or do not constitute employment.