Schedule 1Code of
Practice
(Clause 11 (1))
Note—
An employer, other than a performer
representative, must comply with each of the requirements of this Code of
Practice in respect of each child employed by that employer. A performer
representative must comply with clause 3 of this Code of Practice in respect
of each child employed by that performer representative. Clause 4 (2) of this
Regulation provides that a performer representative who arranges for a child
to take part in a regulated activity is taken to employ the child to take part
in that activity.
Part 1General
1Objects of Code of Practice
The objects of this Code of Practice are as
follows:
(a)
to protect children in employment from
exploitation and abuse and prevent inappropriate or unreasonable demands being
made of them,
(b)
to ensure that employers take responsibility for
employed children’s interactions with adults while the children are
engaged in regulated activities,
(c)
to ensure that children are provided with a safe
environment in which to work.
2Definition
In this Code of Practice:
parent’s nominee,
in relation to a child, means an adult authorised by name in writing by the
parent of the child for the purposes of the clause in which the expression is
used, and includes a person nominated under clause 3 (2)
(c).
3Record keeping
(1)
A record must be kept for each
child.
(2)
The record must include the following
particulars:
(a)
the name, address and personal telephone number
(if any) of the child,
(b)
the name, address and both personal and business
telephone numbers (if any) of the child’s parents,
(c)
the name, address and both personal and business
telephone numbers (if any) of some other person nominated by the child’s
parents as being a person responsible for the child in the event of the
parents being unavailable,
(d)
the child’s date of
birth,
(e)
the nature of the work that the child is employed
to carry out,
(f)
in the case of a child for whose employment a
consent is required by or under any Act or law—particulars of any
consent so given,
(g)
the dates and times of each occasion on which the
child is employed,
(h)
particulars of the place of work or location at
which the child is employed on each such occasion,
(i)
the reference number of the employer’s
authority applying to each such occasion,
(j)
the name, address and both personal and business
telephone numbers (if any) of the child’s supervisor on each such
occasion.
(3)
The record must be:
(a)
kept for a minimum period of 6 years,
and
(b)
kept securely, and
(c)
made available for inspection by an inspector
appointed by the Children’s Guardian.
(4)
The employer must, if required by the
Children’s Guardian by notice in writing, provide a copy of the record,
or such additional or other information as specified in the notice, to the
Children’s Guardian within the time specified in the
notice.
4Incident register
(1)
An incident register must be maintained in a form
approved by the Children’s Guardian.
(2)
An incident register required to be kept under
this clause is to record details in relation to each child employed by the
employer of any of the following incidents that occur in the course of the
child’s employment:
(a)
an accident involving the
child,
(b)
an injury to the child,
(c)
an incident that is the subject of a complaint
made by the child or a parent of the child or the parent’s nominee in
relation to the employment,
Note—
Examples of complaints that should be recorded in
an incident register include complaints relating to the contract of
employment, such as not being paid for services, and more serious complaints,
such as allegations of physical abuse or sexual misconduct occurring in the
course of the child’s employment.
(d)
an event or circumstances involving a breach of
this Code of Practice.
(3)
A record of the incident must also contain the
following information:
(a)
the name of the child involved in the
incident,
(b)
the time, date and place the incident
occurred,
(c)
details of any action taken in response to the
incident.
(4)
A record of an incident must be made, and a copy
of the record provided to the Children’s Guardian, within 72 hours of
the employer being made aware of the incident occurring.
(5)
A record of an incident entered in the incident
register must be kept securely for a period of 6 years from the date on which
the incident occurred.
5Notice of work locations and risk management
strategies
(1)
A child must not be employed at any time at any
place of work or location unless the Children’s Guardian has been given
at least 7 days’ notice (or such lesser notice as the Children’s
Guardian may, in a particular case or class of cases, allow) of the
employer’s intention to employ the child at that place of work or
location and specifying the address of the place of work or details of the
location, and the period during which the child will be employed at that place
or location.
(2)
The notice must also contain details of the
following:
(a)
any risks that can reasonably be identified by
the employer existing in connection with the employment of the child,
including risks associated with employing the child at the proposed place of
work or location and risks associated with the child’s proposed role or
employment schedule,
(b)
the strategies, in a form approved by the
Children’s Guardian, that the employer proposes to adopt to minimise the
risks identified in paragraph (a),
(c)
any modifications to this Code of Practice sought
by the employer.
6Insurance
(1)
A child must be covered by a policy of personal
accident insurance with benefits for injuries no less than those payable for
the same injuries under the Workers Compensation Act
1987 or the Workplace Injury Management
and Workers Compensation Act 1998.
(2)
This clause does not apply in relation to any
child in respect of whom compensation for injury is the subject of injury
insurance effected in accordance with the Workers
Compensation Act 1987 or the Workplace
Injury Management and Workers Compensation Act
1998.
7Punishment prohibited
A child must not be subjected to any form of
corporal punishment, social isolation, immobilisation or any other behaviour
likely to humiliate or frighten the child.
8Parental contact
A child must at all times be able to make contact
with a parent, or the person nominated under clause 3 (2) (c), and the
employer must facilitate the making of any such contact whenever the child so
requests or whenever it is otherwise appropriate to do so in the interests of
the child.
9Schooling requirements
A child of compulsory school-age (within the
meaning of the Education Act
1990) must not be employed during hours of normal school
attendance unless:
(a)
the employment is for a period during which the
child is not required to attend school pursuant to the approval of the
principal of the school that the child attends or the Secretary of the
Department of Education, or
(b)
the child is enrolled at a school to undertake
courses of study by means of distance education, or
(c)
the child is registered for home schooling under
Division 2 of Part 7 of the Education Act
1990 and the employment is permitted by the conditions to
which that registration is subject.
10Travel
(1)
A child must be taken home by the child’s
parent or the parent’s nominee after the child finishes work
unless:
(a)
the child is more than 12 years old,
and
(b)
the distance between work and home is less than
10 kilometres, and
(c)
travel home will be by public transport and will
be completed within daylight hours.
(2)
A child’s journey home must commence within
30 minutes after the child finishes work unless the child is accompanied by a
parent of the child or the parent’s nominee.
11Food and drink
(1)
A child must be provided at reasonable hours
during the child’s employment with food that is varied, sufficient,
nutritious and appropriate having regard to the age, taste and culture of the
child.
(2)
Water or fruit juice, or other nutritious drinks,
must be readily available to the child at all times during the child’s
employment.
12Toilet facilities
A child must have access to clean and easily
accessible toilet, hand-washing and hand-drying facilities at the place of
work while the child is employed.
13Protection from the elements
A child must be adequately clothed and otherwise
protected from extremes of climate while the child is being
employed.
14Notification of illness or
injury
In the event of a child being injured or becoming
ill in the course of the child’s employment, or appearing to the
employer to become ill, or the child reporting to be feeling ill in the course
of the child’s employment, at least one parent of the child must be
immediately notified of that fact.
15Industrial instruments or
agreements
If there is any inconsistency between a provision
of this Code of Practice and a provision of any industrial instrument or
agreement that applies to a child, then the provision of the instrument or
agreement prevails if it is more beneficial to the child than the provision of
this Code of Practice.
Note—
Section 9B (2) of the Industrial Relations Act 1996 provides
that a reference in any Act or instrument to an industrial instrument or
agreement (however described) includes a reference to a relevant federal
industrial instrument or agreement.
Part 2Hours of work
16Calculation of employment
A child’s total period of employment during
any period of 24 hours is to be calculated as if the following periods formed
part of the time for which the child is employed:
(a)
any time in excess of 90 minutes spent by the
child in travelling from home to the place of work,
(b)
if the employer (including any performer
representative) is responsible for bringing the child to work, any time
between the child’s arrival at the place of work and the child’s
actual commencement of work,
(c)
the whole of the time that the child is required
to be at work excluding any rest break required by clause 17 (4) (b) or a rest
break:
(i)
that is required by a provision of an industrial
instrument or agreement, being a provision that prevails over this Code of
Practice because of clause 15, and
(ii)
that the industrial instrument or agreement
provides is not to be counted as part of the total number of hours
worked,
(d)
time spent in preparatory
activities,
(e)
any time in excess of 90 minutes spent by the
child in travelling home from the final place of work,
(f)
if the employer (including any performer
representative) is responsible for taking the child home from work, any time
between the child’s finishing work and the start of the child’s
journey home from work.
17General limitations on hours of
work
(1)
A child must not be employed for more than one
shift on any one day.
(2)
A child must not be employed for more than 5
consecutive days.
(3)
Despite clauses 18–20, a child must not be
employed for more than 4 hours on any day on which the child receives
schooling.
Note—
Clauses 18–20 set out the maximum hours
that may be worked on days other than days on which a child receives
schooling.
(4)
A child must be given:
(a)
within any 4-hour period—an appropriate
number of rest breaks, of an appropriate duration, taking into account the age
and needs of the child and the nature of the work the child is engaged in,
and
(b)
a 1-hour rest break every 4
hours.
(5)
A child must not start work with an employer less
than 12 hours after the child has previously finished work, whether for that
employer or another employer.
(6)
A child must not work later than 9.00 pm on any
day if the child is to receive schooling on the following
day.
(7)
The total period of time for which a child is
employed during any week, when added to the time that the child receives
schooling during that week, must not exceed 50 hours.
(8)
For the purposes of calculating periods of time
under this clause, the child’s involvement in preparatory activities is
to be included.
18Limitations on hours of work—entertainment or
exhibitions
(1)
This clause applies to the employment of a child
with respect to film, television, radio or shopping centre performances, still
photography, the production of images for broadcasting, modelling or other
exhibitions.
(2)
A child must not be employed in employment to
which this clause applies otherwise than in accordance with the following
table:
Age of
child
Maximum
days per week
Hours
during which child may be employed
Maximum
hours per day
Under 6
months
1
day
6.00
am–6.00 pm
4
hours
6
months–under 3 years
2
days
6.00
am–6.00 pm
4
hours
3
years–under 8 years
4
days
6.00
am–11.00 pm
6
hours
8
years–under 15 years (or under 16 years for models)
5
days
6.00
am–11.00 pm
8
hours
19Limitations on hours of work—live
performances
(1)
This clause applies to the employment of a child
with respect to live performances (including theatrical, musical and circus
performances) other than a performance referred to in clause
18.
(2)
A child must not be employed in employment to
which this clause applies otherwise than in accordance with the following
table:
Age of
child
Maximum
days per week
Hours
during which child may be employed
Maximum
hours per day
Under 6
months
1
day
6.00
am–6.00 pm
4
hours
6
months–under 3 years
2
days
6.00
am–6.00 pm
4
hours
3
years–under 6 years
4
days
6.00
am–9.00 pm
4
hours
6
years–under 8 years
4
days
6.00
am–10.00 pm
6
hours
8
years–under 15 years
4
days
6.00
am–11.00 pm
8
hours
20Limitations on hours of work—door-to-door
sales
(1)
This clause applies to the employment of a child
in door-to-door sales.
(2)
A child must not be employed:
(a)
for more than 6 hours on any day,
and
(b)
for more than 5 days per week,
and
(c)
before sunrise or 6.30 am, whichever is the
later, and
(d)
later than sunset or 6.00 pm, whichever is the
earlier.
Part 3Regulated activities other than door-to-door
sales
Division 1General
21Application of Part
This Part applies to the employment of a child to
take part in a regulated activity other than the employment of a child in
door-to-door sales.
22Supervision
(1)
A child must be provided during the child’s
employment with appropriate supervision, having regard to the child’s
age, sex and degree of maturity.
(2)
In particular:
(a)
the child is to be accompanied by a parent or the
parent’s nominee whenever the child is travelling between home and the
place of work or between places of work, and
(b)
if the child’s employment requires him or
her to spend one or more nights away from home, appropriate accommodation must
be provided for both the child and a parent or the parent’s nominee,
and
(c)
if the child is less than 6 years old, the child
is to be supervised:
(i)
by a parent or the parent’s nominee,
or
(ii)
by the holder of a child care certificate or a
certificate of child care studies, or
(iii)
by a registered nurse or registered midwife,
and
(d)
if the child is more than 6 years old, the child
is to be supervised by a parent or the parent’s nominee or by an adult
with training and experience in the care of children of the age of the child
to be supervised, and
(e)
the child must be in view of the person
supervising the child at all times.
(3)
Subclause (2) (a) does not require a child to be
accompanied when the child is travelling between home and a place of work or
between places of work if:
(a)
the child is more than 12 years old,
and
(b)
the distance to be travelled is less than 10
kilometres, and
(c)
the travel will be by public transport and will
be completed within daylight hours.
(4)
A supervisor must not supervise at any one time
more than:
(a)
if any of the children are under 3 years
old—2 children, or
(b)
if any of the children are between 3 and 5 years
old—5 children, or
(c)
if all of the children are more than 5 years
old—10 children.
(5)
A supervisor must not have any other
responsibilities while supervising children.
23Recreation facilities
A child must be provided with appropriate
recreational materials and rest facilities during breaks in work, having
regard to the age and circumstances of the child.
24Dressing room facilities
A child must be provided with appropriate
facilities to enable him or her to dress and undress in
private.
25Work directions
(1)
Before a child is cast in a role or situation,
the employer must fully inform the child and a parent of the child of the
nature of the role or situation and must take into account any comments of the
child or the parent.
(2)
A child must not be cast in a role or situation
that is inappropriate for him or her, having regard to the child’s age,
maturity, emotional or psychological development and
sensitivity.
(3)
A child must not:
(a)
be exposed to scenes that are likely to cause
distress to the child, or
(b)
be allowed to become distressed for the purpose
of obtaining a more realistic depiction of a particular emotion or
reaction.
(4)
A child must not be employed in any situation in
which the genital area, buttocks or (in the case of a female) the breasts of
the child or any other person are exposed.
26Children less than 3 years old
A child who is less than 3 years old must not be
employed unless:
(a)
a registered nurse or registered midwife is
present at all times, and
(b)
the registered nurse or registered midwife
advises the employer the child is suitable for employment,
and
(c)
the registered nurse or registered midwife
advises the employer that the environment in which the child is to be employed
(including, in particular, the lighting and the temperature) will not cause
the child to become distressed, and
(d)
the employer follows the advice of the registered
nurse or registered midwife in all matters (such as the provision of nursing
and care of the child and the use of make-up) that relate to the welfare of
the child.
Division 2Babies under 12 weeks of age
27Application
This Division applies to babies who are less than
12 weeks old.
28Employment requires express
authority
A baby must not be employed unless the conditions
of the employer’s authority expressly authorise such
employment.
29Registered nurse or registered midwife to be
present
(1)
A baby must not be employed unless:
(a)
a registered nurse or registered midwife is
present at all times, and
(b)
the registered nurse or registered midwife
advises the employer that the baby is suitable for employment,
and
(c)
the registered nurse or registered midwife
advises the employer that the environment in which the baby is to be employed
(including, in particular, the lighting and the temperature) will not cause
the baby to become distressed, and
(d)
the employer follows the advice of the registered
nurse or registered midwife in all matters (such as the provision of nursing
and care of the baby and the use of make-up) that relate to the welfare of the
baby.
(2)
The registered nurse or registered midwife must
not advise that a baby is suitable for employment unless that nurse or midwife
is satisfied of the following:
(a)
the baby was delivered full term and in good
health,
(b)
the baby’s birth weight was at least 3.0
kilograms,
(c)
the baby has not had any post-natal
problems,
(d)
the baby is feeding
successfully,
(e)
the baby’s weight gain from birth has been
satisfactory.
30Direct lighting not to be used
A baby must not be exposed to direct lighting in
the course of the baby’s employment.
31Use of make-up
Make-up must not be applied to a baby in the
course of the baby’s employment unless the make-up is non-irritating and
uncontaminated.
32Handling
The baby must not be handled by more than 4
people (including the baby’s parent and the registered nurse or
registered midwife) during any single period of
employment.
33Segregation from persons suffering respiratory or skin
infections
A person who has a respiratory or skin infection
must not be allowed to come into contact with the baby in the course of the
baby’s employment.
Part 4Door-to-door sales
34Application of Part
This Part applies to the employment of a child in
door-to-door sales.
35Minimum age for children employed in door-to-door
sales
A child must not be employed unless the child is
aged at least 14 years and 9 months.
36Entry to motor vehicles and private homes
prohibited
A child must not be permitted or required to sell
any item to a person in a motor vehicle or to enter a private dwelling during
the door-to-door sale of items.
37Children must work in company
(1)
A child must work in the company of at least one
other person, at least one of whom is an adult, and the child must be provided
with clear indication, by means of identification badges or distinctive
clothing, of the business name of the employer.
(2)
An adult accompanying the child under subclause
(1) may be the same person who is the child’s supervisor under clause
38.
38Supervision
(1)
A child must be provided with appropriate
supervision, having regard to the child’s age, sex and degree of
maturity, while employed in door-to-door sales.
(2)
While the child is employed in door-to-door
sales, a supervisor must:
(a)
remain at all times in the general vicinity of
the child, and
(b)
make contact with the child at intervals of not
more than 30 minutes, and
(c)
know the whereabouts of the child at all
times.
(3)
A supervisor must not supervise more than 6
children at any one time.
(4)
A child must be accompanied by a parent or by the
parent’s nominee whenever the child is travelling between home and the
place of work or between places of work.
(5)
If the child’s employment requires him or
her to spend one or more nights away from home, appropriate accommodation must
be provided for both the child and the child’s parent or the
parent’s nominee.
sch 1: Am 2017 (302),
cl 3.