Introducing a child employment licence will replace the existing permit system, streamlining the process and simplifying it for employers. “Where a licence is issued, employers will be able to employ multiple children under one licence, rather than applying for a permit for each child they engage.”
Licences will be free, and applications can be made from 1 July on the Victorian Government website.
An employer must have a licence before they employ someone under 15. With the new licences coming into effect on 1 July, prior child work permits will continue to be upheld, so you won’t need to apply for a licence for a child you already employ and have a permit for.
Victorian Child Employment Laws:
There are no minimum ages for working in a family business or the entertainment and advertising industry.
For any other work, a child must be at least:
- 11 to do delivery work (not including pharmaceutical)
- 13 to do other types of work, such as retail or hospitality.
There are restrictions on how many hours a child can work:
- Children cannot work during school times
- During school term, children can only be employed for a maximum of 3 hours a day and a total of 12 hours per week
- During school holidays, the maximum a child can work is 6 hours per day and 30 hours per week
Children under 15 must have a rest break every 30 minutes for every 3-hour shift. There must be 12 hours break between finishing one shift and starting the next.
There are exemptions, and you can apply for variations if these don’t align with your business.
The major exemption is for family businesses. Parents or guardians don’t need a child employment permit to employ their child in a family business.
They are also exempt from age restrictions, hours of work and rest breaks. However, a parent or guardian must directly supervise their child. If another person is the child’s supervisor, these exemptions do not apply.
The changes to Victoria Child Employment Act are be enforced by The Wage Inspectorate, who will receive increased powers on 1 July. Child safe standards must be complied with to ensure each child’s safety in the day-to-day operations of any organisation, helping to keep children safe from physical, sexual, emotional and psychological abuse and neglect. The Wage Inspectorate can issue compliance notices as a way of achieving compliance with the Act and infringement notices where a breach has been detected. Fines for non-compliance can range from $1000 to $10,000 per incident.
NSW Child Employment laws:
There is no minimum age in NSW, but there are restrictions on the number of hours a child can work on a school day. You have to contact the Fair Work Ombudsman or SafeWork NSW to find your relevant terms and conditions. You should contact NSW Education if you intend to work during school terms. (Source: NSW Industrial Relations)
If you need any HR advice, please call our team on 1800 868 254 or you can email us at info@totalhrm.com.au. Alternatively, book a call with our experts.
Read more on the Victorian Government Website.