South Australian Numbered Acts South Australian Numbered Acts80—Insertion of Schedules 9 to 11
After Schedule 8 insert:
Schedule 9—Worst Forms of Child Labour Convention 1999
C182
Worst Forms of Child Labour Convention, 1999
The General Conference of the International Labour Organization,
Having been convened at Geneva by the Governing Body of the International
Labour Office, and having met in its 87th Session on 1 June 1999, and
Considering the need to adopt new instruments for the prohibition and
elimination of the worst forms of child labour, as the main priority for
national and international action, including international cooperation and
assistance, to complement the Convention and the Recommendation concerning
Minimum Age for Admission to Employment, 1973, which remain fundamental
instruments on child labour, and
Considering that the effective elimination of the worst forms of child labour
requires immediate and comprehensive action, taking into account the
importance of free basic education and the need to remove the children
concerned from all such work and to provide for their rehabilitation and
social integration while addressing the needs of their families, and
Recalling the resolution concerning the elimination of child labour adopted by
the International Labour Conference at its 83rd Session in 1996, and
Recognizing that child labour is to a great extent caused by poverty and that
the long-term solution lies in sustained economic growth leading to social
progress, in particular poverty alleviation and universal education, and
Recalling the Convention on the Rights of the Child adopted by the United
Nations General Assembly on 20 November 1989, and
Recalling the ILO Declaration on Fundamental Principles and Rights at Work and
its Follow-up, adopted by the International Labour Conference at its 86th
Session in 1998, and
Recalling that some of the worst forms of child labour are covered by other
international instruments, in particular the Forced Labour Convention, 1930,
and the United Nations Supplementary Convention on the Abolition of Slavery,
the Slave Trade, and Institutions and Practices Similar to Slavery, 1956, and
Having decided upon the adoption of certain proposals with regard to child
labour, which is the fourth item on the agenda of the session, and
Having determined that these proposals shall take the form of an international
Convention;
adopts this seventeenth day of June of the year one thousand nine hundred and
ninety-nine the following Convention, which may be cited as the Worst Forms of
Child Labour Convention, 1999.
Each Member which ratifies this Convention shall take immediate and effective
measures to secure the prohibition and elimination of the worst forms of child
labour as a matter of urgency.
For the purposes of this Convention, the term child shall apply to all persons
under the age of 18.
For the purposes of this Convention, the term the worst forms of child labour
comprises:
(a) all
forms of slavery or practices similar to slavery, such as the sale and
trafficking of children, debt bondage and serfdom and forced or compulsory
labour, including forced or compulsory recruitment of children for use in
armed conflict;
(b) the
use, procuring or offering of a child for prostitution, for the production of
pornography or for pornographic performances;
(c) the
use, procuring or offering of a child for illicit activities, in particular
for the production and trafficking of drugs as defined in the relevant
international treaties;
(d) work
which, by its nature or the circumstances in which it is carried out, is
likely to harm the health, safety or morals of children.
1. The types of work
referred to under Article 3(d) shall be determined by national laws or
regulations or by the competent authority, after consultation with the
organizations of employers and workers concerned, taking into consideration
relevant international standards, in particular Paragraphs 3 and 4 of the
Worst Forms of Child Labour Recommendation, 1999.
2. The competent
authority, after consultation with the organizations of employers and workers
concerned, shall identify where the types of work so determined exist.
3. The list of the
types of work determined under paragraph 1 of this Article shall be
periodically examined and revised as necessary, in consultation with the
organizations of employers and workers concerned.
Each Member shall, after consultation with employers' and workers'
organizations, establish or designate appropriate mechanisms to monitor the
implementation of the provisions giving effect to this Convention.
1. Each Member shall
design and implement programmes of action to eliminate as a priority the worst
forms of child labour.
2. Such programmes of
action shall be designed and implemented in consultation with relevant
government institutions and employers' and workers' organizations, taking into
consideration the views of other concerned groups as appropriate.
1. Each Member shall
take all necessary measures to ensure the effective implementation and
enforcement of the provisions giving effect to this Convention including the
provision and application of penal sanctions or, as appropriate, other
sanctions.
2. Each Member shall,
taking into account the importance of education in eliminating child labour,
take effective and time-bound measures to:
(a)
prevent the engagement of children in the worst forms of child labour;
(b)
provide the necessary and appropriate direct assistance for the removal of
children from the worst forms of child labour and for their rehabilitation and
social integration;
(c)
ensure access to free basic education, and, wherever possible and appropriate,
vocational training, for all children removed from the worst forms of child
labour;
(d)
identify and reach out to children at special risk; and
(e) take
account of the special situation of girls.
3. Each Member shall
designate the competent authority responsible for the implementation of the
provisions giving effect to this Convention.
Members shall take appropriate steps to assist one another in giving effect to
the provisions of this Convention through enhanced international cooperation
and/or assistance including support for social and economic development,
poverty eradication programmes and universal education.
The formal ratifications of this Convention shall be communicated to the
Director-General of the International Labour Office for registration.
1. This Convention
shall be binding only upon those Members of the International Labour
Organization whose ratifications have been registered with the
Director-General of the International Labour Office.
2. It shall come into
force 12 months after the date on which the ratifications of two Members have
been registered with the Director-General.
3. Thereafter, this
Convention shall come into force for any Member 12 months after the date
on which its ratification has been registered.
1. A Member which has
ratified this Convention may denounce it after the expiration of ten years
from the date on which the Convention first comes into force, by an act
communicated to the Director-General of the International Labour Office for
registration. Such denunciation shall not take effect until one year after the
date on which it is registered.
2. Each Member which
has ratified this Convention and which does not, within the year following the
expiration of the period of ten years mentioned in the preceding paragraph,
exercise the right of denunciation provided for in this Article, will be bound
for another period of ten years and, thereafter, may denounce this Convention
at the expiration of each period of ten years under the terms provided for in
this Article.
1. The
Director-General of the International Labour Office shall notify all Members
of the International Labour Organization of the registration of all
ratifications and acts of denunciation communicated by the Members of the
Organization.
2. When notifying the
Members of the Organization of the registration of the second ratification,
the Director-General shall draw the attention of the Members of the
Organization to the date upon which the Convention shall come into force.
The Director-General of the International Labour Office shall communicate to
the Secretary-General of the United Nations, for registration in accordance
with article 102 of the Charter of the United Nations, full particulars
of all ratifications and acts of denunciation registered by the
Director-General in accordance with the provisions of the preceding Articles.
At such times as it may consider necessary, the Governing Body of the
International Labour Office shall present to the General Conference a report
on the working of this Convention and shall examine the desirability of
placing on the agenda of the Conference the question of its revision in whole
or in part.
1. Should the
Conference adopt a new Convention revising this Convention in whole or in
part, then, unless the new Convention otherwise provides—
(a) the
ratification by a Member of the new revising Convention shall ipso jure
involve the immediate denunciation of this Convention, notwithstanding the
provisions of Article 11 above, if and when the new revising Convention shall
have come into force;
(b) as
from the date when the new revising Convention comes into force, this
Convention shall cease to be open to ratification by the Members.
2. This Convention
shall in any case remain in force in its actual form and content for those
Members which have ratified it but have not ratified the revising Convention.
The English and French versions of the text of this Convention are equally
authoritative.
Cross references
Conventions: C029 Forced Labour Convention, 1930
Conventions: C138 Minimum Age
Convention, 1973
Recommendations: R035 Forced Labour (Indirect Compulsion)
Recommendation, 1930
Recommendations: R036 Forced Labour (Regulation)
Recommendation, 1930
Recommendations: R146 Minimum Age Recommendation, 1973
Supplemented: R190 Complemented by the Worst Forms of Child Labour
Recommendation, 1999
Constitution: 22: article 22 of the Constitution of the
International Labour Organisation
Schedule 10—Workers with Family Responsibilities Convention 1981
C156
Workers with Family Responsibilities Convention,
1981
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International
Labour Office and having met in its Sixty-seventh Session on 3 June 1981, and
Noting the Declaration of Philadelphia concerning the Aims and Purposes of the
International Labour Organisation which recognises that "all human beings,
irrespective of race, creed or sex, have the right to pursue their material
well-being and their spiritual development in conditions of freedom and
dignity, of economic security and equal opportunity", and
Noting the terms of the Declaration on Equality of Opportunity and Treatment
for Women Workers and of the resolution concerning a plan of action with a
view to promoting equality of opportunity and treatment for women workers,
adopted by the International Labour Conference in 1975, and
Noting the provisions of international labour Conventions and Recommendations
aimed at ensuring equality of opportunity and treatment for men and women
workers, namely the Equal Remuneration Convention and Recommendation, 1951,
the Discrimination (Employment and Occupation) Convention and Recommendation,
1958, and Part VIII of the Human Resources Development Recommendation, 1975,
and
Recalling that the Discrimination (Employment and Occupation) Convention,
1958, does not expressly cover distinctions made on the basis of family
responsibilities, and considering that supplementary standards are necessary
in this respect, and
Noting the terms of the Employment (Women with Family Responsibilities)
Recommendation, 1965, and considering the changes which have taken place since
its adoption, and
Noting that instruments on equality of opportunity and treatment for men and
women have also been adopted by the United Nations and other specialised
agencies, and recalling, in particular, the fourteenth paragraph of the
Preamble of the United Nations Convention on the Elimination of All Forms of
Discrimination against Women, 1979, to the effect that States Parties are "
aware that a change in the traditional role of men as well as the role of
women in society and in the family is needed to achieve full equality between
men and women", and
Recognising that the problems of workers with family responsibilities are
aspects of wider issues regarding the family and society which should be taken
into account in national policies, and
Recognising the need to create effective equality of opportunity and treatment
as between men and women workers with family responsibilities and between such
workers and other workers, and
Considering that many of the problems facing all workers are aggravated in the
case of workers with family responsibilities and recognising the need to
improve the conditions of the latter both by measures responding to their
special needs and by measures designed to improve the conditions of workers in
general, and
Having decided upon the adoption of certain proposals with regard to equal
opportunities and equal treatment for men and women workers: workers with
family responsibilities, which is the fifth item on the agenda of the session,
and
Having determined that these proposals shall take the form of an international
Convention,
adopts the twenty-third day of June of the year one thousand nine hundred and
eighty-one, the following Convention, which may be cited as the Workers with
Family Responsibilities Convention, 1981:
1. This Convention
applies to men and women workers with responsibilities in relation to their
dependent children, where such responsibilities restrict their possibilities
of preparing for, entering, participating in or advancing in economic
activity.
2. The provisions of
this Convention shall also be applied to men and women workers with
responsibilities in relation to other members of their immediate family who
clearly need their care or support, where such responsibilities restrict their
possibilities of preparing for, entering, participating in or advancing in
economic activity.
3. For the purposes of
this Convention, the terms dependent child and other member of the immediate
family who clearly needs care or support mean persons defined as such in each
country by one of the means referred to in Article 9 of this Convention.
4. The workers covered
by virtue of paragraphs 1 and 2 of this Article are hereinafter referred to as
workers with "family responsibilities .
This Convention applies to all branches of economic activity and all
categories of workers.
1. With a view to
creating effective equality of opportunity and treatment for men and women
workers, each Member shall make it an aim of national policy to enable persons
with family responsibilities who are engaged or wish to engage in employment
to exercise their right to do so without being subject to discrimination and,
to the extent possible, without conflict between their employment and family
responsibilities.
2. For the purposes of
paragraph 1 of this Article, the term discrimination means discrimination in
employment and occupation as defined by Articles 1 and 5 of the Discrimination
(Employment and Occupation) Convention, 1958.
With a view to creating effective equality of opportunity and treatment for
men and women workers, all measures compatible with national conditions and
possibilities shall be taken—
(a) to
enable workers with family responsibilities to exercise their right to free
choice of employment; and
(b) to
take account of their needs in terms and conditions of employment and in
social security.
All measures compatible with national conditions and possibilities shall
further be taken—
(a) to
take account of the needs of workers with family responsibilities in community
planning; an
(b) to
develop or promote community services, public or private, such as child-care
and family services and facilities.
The competent authorities and bodies in each country shall take appropriate
measures to promote information and education which engender broader public
understanding of the principle of equality of opportunity and treatment for
men and women workers and of the problems of workers with family
responsibilities, as well as a climate of opinion conducive to overcoming
these problems.
All measures compatible with national conditions and possibilities, including
measures in the field of vocational guidance and training, shall be taken to
enable workers with family responsibilities to become and remain integrated in
the labour force, as well as to re-enter the labour force after an absence due
to those responsibilities.
Family responsibilities shall not, as such, constitute a valid reason for
termination of employment.
The provisions of this Convention may be applied by laws or regulations,
collective agreements, works rules, arbitration awards, court decisions or a
combination of these methods, or in any other manner consistent with national
practice which may be appropriate, account being taken of national conditions.
1. The provisions of
this Convention may be applied by stages if necessary, account being taken of
national conditions: Provided that such measures of implementation as are
taken shall apply in any case to all the workers covered by Article 1,
paragraph 1.
2. Each Member which
ratifies this Convention shall indicate in the first report on the application
of the Convention submitted under article 22 of the Constitution of the
International Labour Organisation in what respect, if any, it intends to make
use of the faculty given by paragraph 1 of this Article, and shall state in
subsequent reports the extent to which effect has been given or is proposed to
be given to the Convention in that respect.
Employers' and workers' organisations shall have the right to participate, in
a manner appropriate to national conditions and practice, in devising and
applying measures designed to give effect to the provisions of this
Convention.
The formal ratifications of this Convention shall be communicated to the
Director-General of the International Labour Office for registration.
1. This Convention
shall be binding only upon those Members of the International Labour
Organisation whose ratifications have been registered with the
Director-General.
2. It shall come into
force twelve months after the date on which the ratifications of two Members
have been registered with the Director-General.
3. Thereafter, this
Convention shall come into force for any Member twelve months after the date
on which its ratifications has been registered.
1. A Member which has
ratified this Convention may denounce it after the expiration of ten years
from the date on which the Convention first comes into force, by an Act
communicated to the Director-General of the International Labour Office for
registration. Such denunciation should not take effect until one year after
the date on which it is registered.
2. Each Member which
has ratified this Convention and which does not, within the year following the
expiration of the period of ten years mentioned in the preceding paragraph,
exercise the right of denunciation provided for in this Article, will be bound
for another period of ten years and, thereafter, may denounce this Convention
at the expiration of each period of ten years under the terms provided for in
this Article.
1. The
Director-General of the International Labour Office shall notify all Members
of the International Labour Organisation of the registration of all
ratifications and denunciations communicated to him by the Members of the
Organisation.
2. When notifying the
Members of the Organisation of the registration of the second ratification
communicated to him, the Director-General shall draw the attention of the
Members of the Organisation to the date upon which the Convention will come
into force.
The Director-General of the International Labour Office shall communicate to
the Secretary-General of the United Nations for registration in accordance
with Article 102 of the Charter of the United Nations full particulars of
all ratifications and acts of denunciation registered by him in accordance
with the provisions of the preceding Articles.
At such times as may consider necessary the Governing Body of the
International Labour Office shall present to the General Conference a report
on the working of this Convention and shall examine the desirability of
placing on the agenda of the Conference the question of its revision in whole
or in part.
1. Should the
Conference adopt a new Convention revising this Convention in whole or in
part, then, unless the new Convention otherwise provides:
(a) the
ratification by a Member of the new revising Convention shall ipso jure
involve the immediate denunciation of this Convention, notwithstanding the
provisions of Article 14 above, if and when the new revising Convention shall
have come into force;
(b) as
from the date when the new revising Convention comes into force this
Convention shall cease to be open to ratification by the Members.
2. This Convention
shall in any case remain in force in its actual form and content for those
Members which have ratified it but have not ratified the revising Convention.
The English and French versions of the text of this Convention are equally
authoritative.
Cross references
Conventions: C100 Equal Remuneration Convention, 1951
Recommendations: R090
Equal Remuneration Recommendation, 1951
Conventions: C111 Discrimination
(Employment and Occupation) Convention, 1958
Recommendations: R111
Discrimination (Employment and Occupation) Recommendation, 1958
Recommendations: R150 Human Resources Development Recommendation, 1975
Recommendations: R123 Employment (Women with Family Responsibilities)
Recommendation, 1965
Constitution: 22: article 22 of the Constitution of the
International Labour Organisation
Schedule 11—Workers' Representatives Convention 1971
C135
Workers' Representatives Convention, 1971
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International
Labour Office, and having met in its Fifty-sixth Session on 2 June 1971, and
Noting the terms of the Right to Organise and Collective Bargaining
Convention, 1949, which provides for protection of workers against acts of
anti-union discrimination in respect of their employment, and
Considering that it is desirable to supplement these terms with respect to
workers' representatives, and
Having decided upon the adoption of certain proposals with regard to
protection and facilities afforded to workers' representatives in the
undertaking, which is the fifth item on the agenda of the session, and
Having determined that these proposals shall take the form of an international
Convention,
adopts the twenty-third day of June of the year one thousand nine hundred and
seventy-one, the following Convention, which may be cited as the Workers'
Representatives Convention, 1971:
Workers' representatives in the undertaking shall enjoy effective protection
against any act prejudicial to them, including dismissal, based on their
status or activities as a workers' representative or on union membership or
participation in union activities, in so far as they act in conformity with
existing laws or collective agreements or other jointly agreed arrangements.
1. Such facilities in
the undertaking shall be afforded to workers' representatives as may be
appropriate in order to enable them to carry out their functions promptly and
efficiently.
2. In this connection
account shall be taken of the characteristics of the industrial relations
system of the country and the needs, size and capabilities of the undertaking
concerned.
3. The granting of
such facilities shall not impair the efficient operation of the undertaking
concerned.
For the purpose of this Convention the term workers' representatives means
persons who are recognised as such under national law or practice, whether
they are—
(a)
trade union representatives, namely, representatives designated or elected by
trade unions or by members of such unions; or
(b)
elected representatives, namely, representatives who are freely elected by the
workers of the undertaking in accordance with provisions of national laws or
regulations or of collective agreements and whose functions do not include
activities which are recognised as the exclusive prerogative of trade unions
in the country concerned.
National laws or regulations, collective agreements, arbitration awards or
court decisions may determine the type or types of workers' representatives
which shall be entitled to the protection and facilities provided for in this
Convention.
Where there exist in the same undertaking both trade union representatives and
elected representatives, appropriate measures shall be taken, wherever
necessary, to ensure that the existence of elected representatives is not used
to undermine the position of the trade unions concerned or their
representatives and to encourage co-operation on all relevant matters between
the elected representatives and the trade unions concerned and their
representatives.
Effect may be given to this Convention through national laws or regulations or
collective agreements, or in any other manner consistent with national
practice.
The formal ratifications of this Convention shall be communicated to the
Director-General of the International Labour Office for registration.
1. This Convention
shall be binding only upon those Members of the International Labour
Organisation whose ratifications have been registered with the
Director-General.
2. It shall come into
force twelve months after the date on which the ratifications of two Members
have been registered with the Director-General.
3. Thereafter, this
Convention shall come into force for any Member twelve months after the date
on which its ratifications has been registered.
1. A Member which has
ratified this Convention may denounce it after the expiration of ten years
from the date on which the Convention first comes into force, by an Act
communicated to the Director-General of the International Labour Office for
registration. Such denunciation should not take effect until one year after
the date on which it is registered.
2. Each Member which
has ratified this Convention and which does not, within the year following the
expiration of the period of ten years mentioned in the preceding paragraph,
exercise the right of denunciation provided for in this Article, will be bound
for another period of ten years and, thereafter, may denounce this Convention
at the expiration of each period of ten years under the terms provided for in
this Article.
1. The
Director-General of the International Labour Office shall notify all Members
of the International Labour Organisation of the registration of all
ratifications and denunciations communicated to him by the Members of the
Organisation.
2. When notifying the
Members of the Organisation of the registration of the second ratification
communicated to him, the Director-General shall draw the attention of the
Members of the Organisation to the date upon which the Convention will come
into force.
The Director-General of the International Labour Office shall communicate to
the Secretary-General of the United Nations for registration in accordance
with Article 102 of the Charter of the United Nations full particulars of all
ratifications and acts of denunciation registered by him in accordance with
the provisions of the preceding Articles.
At such times as may consider necessary the Governing Body of the
International Labour Office shall present to the General Conference a report
on the working of this Convention and shall examine the desirability of
placing on the agenda of the Conference the question of its revision in whole
or in part.
1. Should the
Conference adopt a new Convention revising this Convention in whole or in
part, then, unless the new Convention otherwise provides:
(a) the
ratification by a Member of the new revising Convention shall ipso jure
involve the immediate denunciation of this Convention, notwithstanding the
provisions of Article 9 above, if and when the new revising Convention shall
have come into force;
(b) as
from the date when the new revising Convention comes into force this
Convention shall cease to be open to ratification by the Members.
2. This Convention
shall in any case remain in force in its actual form and content for those
Members which have ratified it but have not ratified the revising Convention.
The English and French versions of the text of this Convention are equally
authoritative.
Cross references
Conventions: C098 Right to Organise and Collective Bargaining Convention, 1949