Part 1 Preliminary
1 Name of Regulation
This Regulation is the Children (Care and Protection—Child Employment) Regulation 2001.
2 Commencement
This Regulation commences on 1 September 2001.Note—This Regulation replaces the Children (Care and Protection—Child Employment) Regulation 1993 which is repealed on 1 September 2001 under section 10 (2) of the Subordinate Legislation Act 1989.
3 Definitions
In this Regulation:babycare professional means:(a) an enrolled nurse (mothercraft), or(b) a List “A” registered nurse who is recognised by the Nurses Registration Board as having appropriate qualifications or experience in mothercraft or midwifery, or(c) a person having such qualifications or experience as are approved by the Children’s Guardian for the purposes of this definition.Code of Practice means the code of practice set out in Schedule 1.the Act means the Children (Care and Protection) Act 1987.cl 3: Am 2003 No 82, Sch 1.7 [1].
4 Notes
The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation.
5 Definition of “employment” (section 50)
For the purposes of section 50 (2) of the Act, persons are taken to employ children if the persons make payments to (or confer other material benefits on) persons other than the children themselves, but in respect of services rendered by those children.
Part 2 Employers’ authorities
6 Employers’ authorities (section 52)
For the purposes of section 52 (1) (d) of the Act, participation by a child in still photographic sessions is prescribed as a matter with respect to which an employer’s authority is required.
7 Exemptions from requirement to hold employer’s authority (section 53)
(1) For the purposes of section 53 (1) (c) of the Act, any person who employs a child in connection with the conduct of an entertainment, exhibition or performance under the auspices of the government of a foreign country, in relation only to children who are so employed and who are nationals of the same foreign country, is exempt from being required to hold an employer’s authority.(2) For the purposes of section 53 (5) (b) of the Act, the Minister may revoke any exemption granted by this clause.
8 Applications for authorities and exemptions (clause 1 of Schedule 1A)
(1) For the purposes of clause 1 (1) of Schedule 1A to the Act, the following fees are the prescribed fees for an application for an employer’s authority or for an exemption from the requirement to hold such an authority:(a) $1,000, in the case of an application that relates to work that involves participation in any entertainment, exhibition or performance, as referred to in section 52 (1) (a) or (b) of the Act,(b) $500, in the case of an application that relates to work that involves offering anything for sale door-to-door, as referred to in section 52 (1) (c) of the Act,(c) $440, in the case of an application that relates to work that involves participation in still photographic sessions.(2) The Minister may reduce the amount of any such fee by up to 50 per cent if satisfied that the number of children that the applicant seeks to employ under the authority at any one time is not more than 5 and the period for which the authority is sought is not more than 1 month.(3) The Minister may reduce the amount of any fee payable under this clause by up to 10 per cent if satisfied that the applicant displays a proven commitment to the principles of the Code of Practice.(4) In the case of a fee that has been reduced in accordance with subclause (2), the reduction permitted by subclause (3) applies to the fee as so reduced.
9 Conditions of authorities (clause 5 of Schedule 1A)
(1) For the purposes of clause 5 (a) of Schedule 1A to the Act, an employer’s authority is subject to the following conditions:(a) that the employer will comply with the requirements of the Code of Practice,(b) that the employer will use his or her best endeavours to ensure that all persons under his or her control comply with the requirements of the Code of Practice,(c) that the employer will ensure that a copy of the Code of Practice is given to a parent of each child that he or she employs under the authority,(d) that the employer will furnish the Children’s Guardian with such information concerning the employment of children by the employer as the Children’s Guardian may reasonably require.(2) The condition prescribed by subclause (1) (a) is subject to any revocation or variation effected by the Minister in accordance with clause 6 (1) of Schedule 1A to the Act.cl 9: Am 2003 No 82, Sch 1.7 [2].
Part 3 Miscellaneous
10 Saving
Any act, matter or thing that had effect under the Children (Care and Protection—Child Employment) Regulation 1993 immediately before the repeal of that Regulation is taken to have effect under this Regulation.
Schedule 1 Code of Practice
(Clause 3)
Part 1 General
1 Record of employment
(1) An employer must ensure that a record is kept for each child employed.(2) The record must include the following particulars:(a) the name, address and home telephone number (if any) of the child,(b) the name, address and both home and business telephone numbers (if any) of the child’s parents,(c) the name, address and both home 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 name, address and both home and business telephone numbers (if any) of the child’s supervisor on each such occasion.(3) The record must be kept available for inspection by a Departmental inspector at the business premises of the employer specified in that regard by the relevant employer’s authority.
2 Notice of work locations
(1) An employer must not at any time employ a child 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 children at that place of work or location and at that time.(2) The notice must give details of any unusual risks existing in connection with the proposed location.
3 Insurance
(1) An employer must ensure that each child is 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 with respect 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.
4 Hours of work
(1) An employer must not employ a child for more than one shift on any one day.(2) An employer must not employ a child for more than 4 hours on any day on which the child is required to attend school.(3) An employer must ensure that each child is given a 10 minute rest break every hour and a 1 hour rest break every 4 hours.
5 Calculation of employment
(1) 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 45 minutes spent by the child in travelling from home to the place of work,(b) if the employer 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 (including any rest breaks or other breaks in work and any travelling time) that the child is required to be at work,(d) any time in excess of 45 minutes spent by the child in travelling home from the final place of work,(e) if the employer 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.
6 Travel
(1) An employer must ensure that each child is taken home after the child finishes work.(2) An employer must ensure that each child’s journey home commences within 30 minutes after the child finishes work.(3) This clause does not apply:(a) if the child is more than 12 years’ old, and(b) if the distance between work and home is less than 10 kilometres, and(c) if the journey can be completed by public transport within daylight hours.
7 Minimum breaks between successive shifts etc
(1) An employer must ensure that no child is required to start work less than 12 hours after the child has previously finished work, whether for the same or for any other employer.(2) An employer must not require a child to work later than 9.00 pm on any day if the child is required to attend school on the following day.
8 Food and drink
(1) An employer must ensure that each child is provided with appropriate and sufficient nutritious food, having regard to the age, taste and culture of the child.(2) The food should be varied and should be served to children at reasonable hours.(3) An employer must ensure that water, fruit juice or other such drinks are readily available at all times to each child.
9 Toilet facilities
An employer must ensure that clean and easily accessible toilet, hand-washing and hand-drying facilities are provided at each place of work.
10 Protection from the elements
An employer must ensure that each child is adequately clothed and otherwise protected from extremes of climate.
11 Punishment prohibited
An employer must ensure that no child is subjected to any form of corporal punishment, social isolation, immobilisation or any other behaviour likely to humiliate or frighten the child.
12 Notification of accidents etc
In the event of a child becoming ill or being injured, the child’s employer must ensure that at least one of the child’s parents is immediately notified of that fact.
13 Parental contact
An employer must at all times ensure that each child is able to make contact with his or her parents or with some other person responsible for the child and 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.
14 Awards and agreements under the Industrial Relations Act 1991
The application of this Code of Practice to any child is subject to the provisions of any award or agreement in force under the Industrial Relations Act 1996 in relation to the child.
Part 2 Entertainment, exhibitions and still photography
Division 1 General
15 Recreation facilities
An employer must ensure that appropriate recreational materials and rest facilities are available for each child during breaks in work, having regard to the age and circumstances of the child.
16 Dressing room facilities
An employer must ensure that facilities exist so that any child is able to dress and undress in private.
17 Work directions
(1) An employer must ensure that no child is cast in a role or situation that is inappropriate to the child, having regard to the child’s age, maturity, emotional or psychological development and sensitivity.(2) An employer must not allow a child:(a) to be exposed to scenes which are likely to cause distress to the child, or(b) to become distressed in order to obtain a more realistic depiction of a particular emotion or reaction.(3) An employer must not employ a child in any situation in which the child or any other person is naked.
18 Times of work
(1) An employer must not employ a child otherwise than in accordance with:(a) the times set out in Table A to this Schedule with respect to film and television, shopping centre performances, still photography and modelling or other exhibitions, and(b) the times set out in Table B to this Schedule with respect to theatrical performances.(2) In addition, an employer must not employ a child for more than 3 consecutive evening performances if the day following each performance is a day on which the child is required to attend school.(3) The times allowed by Tables A and B to this Schedule are subject to the other provisions of this Schedule with respect to hours of work.
19 Supervision
(1) An employer must ensure that each child is provided with appropriate supervision, having regard to the age, sex and degree of maturity of the child.(2) In particular:(a) the child is to be accompanied by a person responsible for the child, or by an adult authorised by name in writing by a person responsible for the child, 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 the child to spend one or more nights away from home, appropriate accommodation must be provided for both the child and a person responsible for the child, and(c) if the child is less than 6 years old, the child is to be supervised:(i) by a person responsible for the child or a person authorised by a person responsible for the child, or(ii) by the holder of a child care certificate or a certificate of child care studies issued by a college of technical and further education, or(iii) by a babycare professional, and(d) if the child is more than 6 years old, the child is to be supervised by a person responsible for the child or by an adult with training or experience in the care of children of the age of the child to be supervised.(3) Subclause (2) (a) does not apply:(a) if the child is more than 12 years old, and(b) if the distance between work and home is less than 10 kilometres, and(c) if the journey is to be completed within daylight hours, and(d) if public transport is generally available.(4) An employer must ensure that no supervisor supervises at any one time more than:(a) 2 children, if any of the children are under 3 years old, and(b) 5 children, if any of the children are between 3 and 5 years old, and(c) 10 children, if the children are more than 5 years old.(5) An employer must ensure that a supervisor does not have any other responsibilities while supervising children.
Division 2 Babies under 12 weeks of age
20 Application
This Division applies to babies who are less than 12 weeks old.
21 Employment requires express authority
An employer must not employ a baby unless the conditions of the employer’s authority expressly authorise the employer to do so.
22 Babycare professional to be present
(1) An employer must not employ a baby unless:(a) a babycare professional is present at all times, and(b) the babycare professional advises the employer that the baby is suitable for employment, and(c) the babycare professional 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 babycare professional in all matters (such as the provision of nursing and mothercare and the use of makeup) that relate to the welfare of the baby.(2) The babycare professional must not advise that a baby is suitable for employment unless he or she is satisfied:(a) that the baby was delivered full term and in good health, and(b) that the baby’s birth weight was at least 3.5 kilograms, and(c) that the baby has not had any post-natal problems, and(d) that the baby is feeding successfully, and(e) that the baby’s weight gain from birth has been satisfactory.
23 Direct lighting not to be used
An employer who employs a baby must not allow the baby to be exposed to direct lighting.
24 Use of makeup
An employer must not allow makeup to be applied to a baby unless the makeup is non-irritating and uncontaminated.
25 Handling
An employer who employs a baby must not allow more than 4 people (including the baby’s mother and the babycare professional) to handle the baby during any single period of employment.
26 Segregation from persons suffering respiratory or skin infections
An employer who employs a baby must not allow any person who has a respiratory or skin infection to come into contact with the baby.
Part 3 Door-to-door sales
27 Minimum age for children employed in door-to-door sales
An employer must ensure that each child employed in door-to-door sales is at least 13 years old.
28 Times of work
(1) On days other than school days, an employer must not employ a child in door-to-door sales for more than 6 hours.(2) An employer must not employ a child in door-to-door sales for more than 5 days per week.(3) An employer must ensure that, if a child is employed outdoors in door-to-door sales, the employment:(a) does not start before sunrise or 6.30 am, whichever is the later, and(b) does not finish later than sunset or 6.00 pm, whichever is the earlier.
29 Entry to motor vehicles and private homes prohibited
An employer must ensure that no child is permitted 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.
30 Supervision
(1) An employer must ensure that each child employed in door-to-door sales works in the company of at least one other person and clearly indicates, by means of identification badges or distinctive clothing, the business name of the employer.(2) An employer must ensure:(a) that a supervisor remains at all times in the general vicinity of each child employed in door-to-door sales and makes contact with each child at intervals of not more than 30 minutes and knows the whereabouts of each child at all times when the child is employed in door-to-door sales, and(b) that the child is accompanied by a person responsible for the child, or by an adult authorised by name in writing by a person responsible for the child, whenever the child is travelling between home and the place of work or between places of work, and(c) if the child’s employment requires the child to spend one or more nights away from home, that appropriate accommodation is provided for both the child and a person responsible for the child.(3) An employer must ensure that a supervisor does not supervise more than 6 children employed in door-to-door sales at any one time.
Table A
Age | Hours during which child may be employed | Number of days of employment in any period of 7 days | Maximum employment hours per day | Actual time performing per day |
Under 6 months | 9 am to 6 pm | 1 | 4 | 20 minutes |
6 months and under 2 years | 9 am to 6 pm | 1 | 4 | 1 hour |
2 years and under 6 years | 9 am to 6 pm | 3 | 4 | 2 hours |
6 years and under 11 years | 6 am to 10 pm | 5 | 6 | 3 hours |
11 years and under 15 years | 6 am to 10 pm | 5 | 8 | 4 hours |
Table B
Age | Hours during which child may be employed | Number of days of employment in any period of 7 days | Maximum employment hours per day | Actual time performing per day |
Under 6 months | 9 am to 6 pm | 1 | 4 | 20 minutes |
6 months and under 2 years | 9 am to 6 pm | 1 | 4 | 1 hour |
2 years and under 6 years | 9 am to 6 pm | 3 | 4 | 2 hours |
6 years and under 10 years | 9 am to 10 pm | 4 | 4 | 2 hours |
10 years and under 12 years | 9 am to 10 pm | 4 | 6 | 3 hours |
12 years and under 15 years | 9 am to 10 pm | 4 | 8 | 4 hours |
sch 1: Am 2003 No 82, Sch 1.7 [2].