Object or Purpose of this legislative Instrument:
The purpose of the Child Employment Act 2006 and the Child Employment Regulation 2006 is to protect all children working in Queensland.
The new laws:
- restrict children from performing work that may be harmful to their health or safety, or physical, mental, moral or social development; and
- limit the hours of work for school aged children to ensure that their schooling is not adversely affected by employment.
Scope of this legislative Instrument:
Under the new laws it is illegal for an employer to employ a school aged child unless they have a completed and signed Parent's Consent Form. School aged children employed before 1 July 2006 are not required to complete a Parents Consent Form until there is a change in the child's school hours.
A school aged child means a child under 16 and who is required to be enrolled at a school. A child below the age 16 is not a school aged child if they have completed compulsory schooling, (ie year 10).
The new laws set the age at which children can work at 13, although those between 11 and 13 can perform supervised delivery work for items such as newspapers and advertising leaflets.
School aged children are not allowed to work between 10pm and 6am. Children between 11 and 13 years of age who are performing supervised delivery work are not allowed to work between 6pm and 6am.
The restrictions relating to age and hours of work do not apply where the child is employed in their family's business or in the entertainment industry.
A separate mandatory Code of Conduct will apply to the employment of children working in the entertainment industry.
The Act does not regulate work carried out as part of:
- work experience
- vocational placements
- charitable collections covered by other legislation.
An obligation defined in law. A business must comply with relevant services.
Further information and the following forms can be downloaded from the internet www.justice.qld.gov.au/fair-and-safe-work/industrial-relations/child-employment
- Application for Special Circumstances Certificate
- Parents Consent Form
Children and Young Workers Code of Practice 2006 is covered by the Work Health and Safety Act 2011.
Enquiries should be directed to Workplace Health & Safety Queensland.
Compliance Mechanisms and Penalties:
Enforcement of the child employment laws will be carried out by Department of Justice and Attorney General's inspectors who will monitor compliance and investigate and deal with contraventions. Any person who does not comply with the Act and the Regulation may be prosecuted in an Industrial Magistrates Court. Maximum fines for non compliance are prescribed in the Act and the Regulation.
Review or Appeal Mechanisms:
A person affected by a decision made under the Act may apply for a review of the decision.
Private Sector Industrial Relations
Industrial Relations Policy Branch
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