Victorian Current Acts

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CHILD EMPLOYMENT ACT 2003 - SECT 4

What is employment?

    (1)     For the purposes of this Act, a child is engaged in employment if the child performs work under a contract of service or a contract for services (whether written or unwritten).

S. 4(2) substituted by No. 27/2022 s. 46.

    (2)     For the purposes of this Act, a child is also engaged in employment if—

        (a)     the child performs work, other than under a contract referred to in subsection (1), in—

              (i)     a business, trade or occupation (whether or not the child receives payment or other reward for performing that work) for the benefit of—

    (A)     the business; or

    (B)     a person involved in the business, trade or occupation; or

              (ii)     a non-profit organisation (whether or not the child receives payment or other reward for performing that work) for the benefit of—

    (A)     the non-profit organisation; or

    (B)     a person involved in the non‑profit organisation; and

        (b)     the child is subject to directions about how the child's work is performed.

    (3)     A benefit referred to in subsection (2) may be of a financial or non-financial nature.

    (4)     In determining whether a child is performing work referred to in subsection (2), whether the work would commonly attract payment may be taken into account.

    (5)     Despite subsections (1) and (2), a child is not engaged in employment if the child performs work that is constituted only by an activity specified in section 4A.

S. 4A inserted by No. 27/2022 s. 7.



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