The employment of children (people under 18 years of age) is governed by the Child Employment Act 2006 and the Child Employment Regulation 2016.

The legislation protects children from being required to perform work that may be harmful to their health or safety, or physical, mental, moral or social development. The Act and Regulation also limits the hours of work of school-aged children to ensure that work does not interfere with their schooling.

Read child employment terms and definitions for further information.

Authority for a child to work

An employer must not employ a school-aged or young child until they have obtained a parent's consent form (PDF, 138KB) or special circumstances certificate (PDF, 2.3MB) authorising the child to perform work. The form must be signed by the child's parent and include information for the employer about the hours when the child is required to be at school. A new form must be completed when those hours change. The employer must keep the signed consent form on file.

If a school-aged child does not have a parent or if the child is living independently from his/her parent, the child can apply for a special circumstances certificate (PDF, 2.3MB). This certificate authorises the child to work when not required to attend school.

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An offence will be committed if you require or permit a school-aged or young child to work

• unless they have a parent's consent form or a special circumstances certificate
• or
• when the child is required to attend school as stated in the parent's consent form or special circumstances certificate.

Parent's obligations to working children

A parent must ensure:

• they are present if their child under 12 weeks of age is employed
• they provide a parent's consent form to the employer before employment can occur
• they inform the employer if their child's school hours change by submitting a parent's consent form within 14 days of the hours changing.

Employer's obligations to working children

As an employer you must ensure:

• a school-aged child does not work unless written consent is provided on a parent's consent form
• reasonable steps are taken to ensure that while a child is at work they will not be subjected to deliberate or unnecessary social isolation or to any other behaviour likely to intimidate, threaten, frighten or humiliate the child
• a school-aged or young child (unless an industrial instrument provides otherwise)
  • must not work more than one shift on a single day
  • must be given at least a one-hour break after the end of the fourth hour of work
• if a child can no longer work due to illness or injury, you must take all reasonable measures to contact a parent of the child
• reasonable measures are taken to ensure that the child is able to contact his/her parents while at work
• specific records are kept about child employees including a copy of the parent's consent form.

Offences to child employment laws

The Act and the Regulation outline offences and penalties if employers do not comply with the law. These laws also prohibit the employment of children in adult entertainment and related activities.

The child employment laws are enforced by inspectors, who monitor compliance and investigate alleged contraventions.

More detail about enforcement, legal proceedings and appeals is available in the Child employment guide (PDF, 260KB).

Child employment laws and regulations use a set of common terms. Understanding their meaning will help make sense of the obligations surrounding the employment of children.

School-aged child

• A school-aged child is a child who is under 16 years of age and required to be enrolled at a school. A child who is below the age of 16 is not a school-aged child if the child has completed compulsory schooling (i.e. completion of year 10) or is, for any other reason, not required to be enrolled at a school.

More information on when a child is required to be enrolled at a school is available in the Education (General Provisions) Act 2006.

Young child

• A young child is a child who is not old enough to be enrolled for compulsory schooling. There are occasions where a young child is employed, for example, in the entertainment industry.

Work

• The term 'work' has a broad application including work that is carried out for labour only or substantially for labour only and work performed under piecework rate arrangements as well as under a traditional employment arrangement. 'Work' does not include genuine independent subcontracting arrangements.
• Participating or assisting in a business carried on for profit is included under this definition, even where the child does not receive payment or other reward. This definition also includes work performed as a supervisor.
• 'Work' does not include domestic chores. Domestic chores have been deliberately excluded from the definition of work in recognition of the differences between true work and activities performed as a chore or a family obligation.
• The Act does not regulate work carried out as part of:
  • work experience
  • vocational placements
  • apprenticeships
  • traineeships
  • charitable collections covered by other legislation.

Parent

• A parent is the child's mother, father or another person who exercises parental control over the child. However, a person temporarily acting in the place of the parent is not considered to be a parent.
• Where the child is an Aboriginal or Torres Strait Islander, a parent includes a person who is regarded as such under Aboriginal or Torres Strait Islander custom.
• Where a person has been granted guardianship under the Child Protection Act 1999 or where a person has been granted parental responsibility through a decision of a Federal or State court then that person is considered to be the only parent of the child. In these cases, no other person, including the child's biological parent, would be regarded as the child's parent under this Act.

Family business

• A family business is a business wholly owned by a close adult relative of the child. Family businesses are exempt from the maximum hours, prohibited hours and break requirements imposed under the Act.
• Other requirements such as work prohibited under a regulation and employer obligations with respect to safeguarding children while at work, contact with parents and record keeping requirements apply to children working in a family business.
• Parental consent requirements apply to family businesses except where the employer is the parent.

Also consider...

• Read about the Education (General Provisions) Act 2006.

Restrictions and exemptions apply to:

• minimum age of employment
• maximum hours of work
• shifts
• breaks
• prohibited hours
• supervision.

The following work restrictions apply only to the work of school-aged and young children.

Age restrictions on children working

The Child Employment Act 2006 prohibits the employment of children below the ages specified in the Child Employment Regulation 2016.

Generally the minimum age for employment is 13. This is lowered to 11 where the child carries out supervised delivery work that involves delivering newspapers, advertising material or similar items between the hours of 6am and 6pm.

Maximum hours children can work

School-aged children maximum working hours

The Act restricts you employing school-aged children outside of the hours stipulated by the Regulation. The Regulation differentiates between the hours that a school-aged child can work on a day when they are required to attend school and on a day when they are not required to attend school.

On a school day a school-aged child can work a maximum of 4 hours. When they are not required to attend school they can work a maximum of 8 hours.

A distinction is also made between the maximum hours a school-aged child can work during a school week and a non-school week. A school week starts on a Sunday, when the child is required to attend school on any day of that week. During a school week a school-aged child can work a maximum of 12 hours. During a non-school week a school-aged child can work a maximum of 38 hours.

Unless an industrial instrument provides otherwise an employer must give a school-aged child at least a one-hour break after the end of the fourth hour.

An industrial instrument includes an award or certified agreement made under state or federal legislation, or a code of practice made for outworkers in the clothing industry or for labour market programs.

School-aged and young children maximum working hours

The following table outlines the maximum allowable hours of work for school-aged and young children:

*A school week is a week commencing on a Sunday, when the child is required to attend school on any day of that week.

The Act makes it an offence for an employer to require or permit a school-aged child to perform work when they are required to attend school. A parent commits an offence under the Education (General Provisions) Act 2006 if they allow their child to work when they should be at school.

Shifts children can work in a day

Unless an industrial instrument provides otherwise, an employer must not allow a school-aged or young child to work more than 1 shift on a single day.

Breaks children must be given in a day

An employer must give a school-aged child at least a one-hour break after the end of the fourth hour unless an industrial instrument provides otherwise.

A school-aged or young child must have a 12-hour break between shifts for the 1 employer.

Prohibited hours when children are not permitted to work

In addition to the prohibition on employing school-aged children when they are required to be at school, an employer must not allow a school-aged or young child to work between the hours of 10pm and 6am. A further restriction prohibits children between the ages of 11 and 13 years from carrying out delivery work between the hours of 6pm and 6am.

Supervision of working children

An employer must ensure that school-aged or young children involved in delivery work or the exchange of money are appropriately supervised and have an adult near to, and in regular contact with, the child.

Exemptions to restrictions on children working

The restrictions upon hours, shifts and breaks listed above do not apply to children working in a family business or in the entertainment industry. The legislation makes separate provisions for the employment of children working in the entertainment industry.

The restrictions upon the age when children may work do not apply in the case of voluntary work, but all other restrictions do apply.

The above restrictions do not apply if the child is permitted or authorised under an Act or a Special Circumstances Certificate to do the work, or work in the way, or when, the Regulation states the child may not work.

Chief Executive may prohibit or limit the work a child may do

The Chief Executive of the Office of Industrial Relations may prohibit a child from performing work that would ordinarily be permissible or prohibit a child from working for a stated employer by issuing a work limitation notice.

A work limitation notice will only be issued if it is reasonably believed that the work may interfere with a child's schooling or be harmful to their health, safety or their physical, mental, moral or social development.

More detail about enforcement, legal proceedings and appeals is available in the Child employment guide (PDF, 260KB).

Also consider...

• Read about the Education (General Provisions) Act 2006.

The employment of children (people under 18 years of age) in the entertainment industry is governed by the Child Employment Act 2006 and the Child Employment Regulation 2016.

These laws protect children from work that may be harmful to their health, safety, schooling and physical, mental, moral or social development.

To achieve these objectives the Act and Regulation:

• set minimum ages for work
• limit the hours of work of school-aged and young children
• place obligations on employers who employ children.

Child employment definitions

The laws provide definitions of the following terms:

• school-aged child
• young child
• parent
• family business
• work
• work in the entertainment industry.

Find more information on child employment terms and definitions.

Restrictions on children working

Restrictions and exemptions apply to:

• maximum hours of work
• shifts
• breaks
• prohibited hours
• supervision.

Child employment laws prohibit the employment of children in adult entertainment and related activities while they are fully or partially nude. The entertainment laws also prohibit the employment of children around others who are nude or semi-nude. Under certain circumstances children under 12 months may be exempt from these prohibitions.

Work in the entertainment industry is excluded from some of the general restrictions applying to minimum age and hours. Where the entertainment industry has been exempted, separate provisions (including hours) have been created – for example, no minimum age applies to children working in entertainment, however greater supervisory conditions are required.

There are 2 sets of restricted hours for school-aged or young children working in the entertainment industry. These hours are categorised into permitted hours in:

• recorded entertainment
• live entertainment.

Permitted hours for work in live entertainment are more restricted than those in recorded entertainment.

The hours during which work may be performed for recorded and live entertainment, including the maximum working hours per day and the maximum number of working days in a week, are prescribed for a number of age groupings.

Working hours for school-aged or young children working in recorded entertainment

Note: Children who have completed year 10 are not school-aged children whatever their age, and their working hours are not limited by this schedule.

Working hours for school-aged or young children working in live entertainment

Note: Children who have completed year 10 are not school-aged children whatever their age, and their working hours are not limited by this schedule.

Obligations for parents and employers of working children

Employer obligations have been developed to cater for the unique needs of the entertainment industry. For instance, obligations, including the provision of travel arrangements, accommodation, meals, and amenities continue to apply when employing children in the entertainment industry.

These employer obligations apply in addition to the obligations developed for all industries.

Parents are also required to play their part. The Act makes it illegal for an employer to employ a school-aged child until they have obtained a parent's consent form (PDF, 138KB). The form must be signed by the child's parent and include information for the employer about the hours when the child is required to be at school. A new form must be completed when those hours change. The parent's consent form must be kept by the employer.

Offences to child employment laws

The Child Employment Act 2006 and the Child Employment Regulation 2016 outline offences and penalties if employers do not comply with the law. The child employment laws are enforced by inspectors, who monitor compliance and investigate alleged contraventions.

More detail about enforcement, legal proceedings and appeals is available in the Child employment guide (PDF, 260KB).

Also consider...

• Read more about the Child Employment Act 2006 and the Child Employment Regulation 2016.