Victorian Current Acts

CHILD EMPLOYMENT ACT 2003

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      What is employment?  
   4A.     Activities that are not employment  
   4B.     When does a person employ a child and who is an employer?  
   5.      What is light work?  
   6.      Supervisors in relation to entertainment  
   7.      Act binds the Crown  

   PART 2--EMPLOYMENT OF CHILDREN

           Division 1--When may children be employed?

   8.      When may a child be employed?  
   9.      Employment without a licence  
   10.     Minimum age for employment  
   11.     Employment of children during school hours  
   12.     Prohibited employment  
   12A.    Prohibited conduct in entertainment—employer obligations  

           Division 2--Licences for children to engage in employment

   13.     Application for a licence  
   14.     Investigation of an application for a licence or renewal  
   15.     Fit and proper person  
   16.     Matters to be taken into account in assessing whether fit and proper person  
   17.     Determining application for licence  
   18.     Licence conditions  
   18A.    Issue of licence  
   18AB.   Duration of licence  
   18AC.   Licence is not transferable  
   18AD.   Licence holder must give notice of certain changes  
   18AE.   Renewal of licence  
   18AF.   Variation of licence  
   18AG.   Suspension and cancellation of licence  
   18AH.   Show cause notice before suspension or cancellation  
   18AI.   Application for review of certain licence decisions  
   18AJ.   Offence to give false and misleading information in relation to licence applications, renewals and variations  
   18AK.   Wage Inspectorate Victoria must maintain the Child Employment Register  
   18B.    Record keeping by employers  
   19.     Supervision of children in employment  
   19AA.   Supervision of children during auditions etc.  

           Division 2A--Worker Screening Act 2020

   19A.    Application of Worker Screening Act 2020  
   19B.    Exemptions from WWC check  

           Division 3--General conditions of employment

   20.     Condition 1—light work  
   21.     Condition 2—hours of work  
   22.     Condition 3—rest breaks  
   23.     Contravention of conditions  

           Division 4--Employment in family businesses

   24.     When may a child be employed in a family business?  
   25.     Provisions that do not apply to employment in family businesses  
   26.     Supervision in family businesses  

           Division 5--Employment in entertainment

   27.     When may a child be employed in entertainment?  
   28.     Provisions that do not apply to employment in entertainment  
   29.     Mandatory code of practice  
   30.     What will the mandatory code contain?  
   34.     Availability of the mandatory code  

   PART 3--CRIMINAL LIABILITY OF EMPLOYER REPRESENTATIVES AND NOMINATED OFFICERS

   35.     Contravention of minimum age for employment  
   36.     Contravention of employment of children during school hours  
   36A.    Contravention in relation to prohibited employment  
   36B.    Contravention in relation to prohibited conduct in entertainment  
   36C.    Contravention of licence conditions  
   36D.    Contravention of adequate supervision of children in employment  
   36E.    Contravention of condition of employment  
   36F.    Contravention of the mandatory code  
   36G.    Contravention of directions  
   36H.    Contraventions in relation to producing documents and giving information  
   36I.    Employer representatives or nominated officers may commit offences regardless of whether licence holders prosecuted  

   PART 4--COMPLIANCE

           Division 1--Authorised officers

   38.     Appointment of authorised officers  
   39.     Identity cards  
   40.     Police to assist authorised officers  
   41.     When may powers be exercised?  
   42.     Power of entry  
   43.     Powers on entry  
   43A.    Power to give directions  
   44.     Power to require information or documents  
   45.     Retention of documents  
   45A.    Infringement notices  
   46.     Confidentiality  

           Division 1A--Compliance notices

   46A.    Compliance notices  
   46B.    Form and content of compliance notices  
   46C.    Person must comply with a compliance notice  
   46D.    Effect of compliance notice  

           Division 2--Offences

   47.     Offences relating to failing to produce documents, hindering authorised officers and giving false or misleading information  
   49.     Impersonating authorised officers  
   49A.    Who can prosecute under this Act?  
   49B.    Judicial notice  
   50.     Proceedings for offences to be brought in Industrial Division of the Magistrates' Court  
   50A.    Offences by bodies corporate  
   50B.    Conduct by officers, employees or agents  
   51.     Offences by unincorporated associations  

           Division 3--Additional compliance functions of Wage Inspectorate Victoria

   51A.    Additional compliance functions of the Wage Inspectorate Victoria  

   PART 5--GENERAL

   52.     Delegation  
   53.     Regulations  

   PART 6--REPEALS, AMENDMENTS AND TRANSITIONAL PROVISIONS

           Division 1--Child Employment Amendment Act 2010

   54.     Existing permits and applications  
   55.     Existing police checks and declarations  

           Division 2--Industrial Relations Legislation Amendment Act 2021

   56.     Transitional provisions—Industrial Relations Legislation Amendment Act 2021  

           Division 3--Child Employment Amendment Act 2022

   57.     Information and documents required  
   58.     Retention of documents  
   59.     Work experience arrangements  
   60.     Applications for permits that are on foot  
   61.     Application of this Act to certain permits  
   62.     Compliance notices that are on foot  
   63.     Regulations dealing with transitional matters  
           ENDNOTES