Key Takeaways
- Child employment laws in Victoria protect young workers while ensuring work does not interfere with their education or well-being.
- The minimum working age is 13, with certain exceptions for those aged 11 and older to do light work or participate in the entertainment industry under supervision.
- Employers must obtain a Child Employment Permit from Business Victoria to employ children under 15, with significant fines for non-compliance.
- Children under 15 have specific work hour limits: 3 hours per day during school terms and 6 hours per day during school holidays, with mandatory breaks.
- Key legislation includes the Child Employment Act 2003, Fair Work Act 2009, and Occupational Health and Safety Act 2004, ensuring rights and safety for young workers.
Child employment laws in Victoria are designed to protect young workers while allowing them to gain experience in a safe and controlled environment. These laws ensure that work does not interfere with education, physical well-being, or personal development. Employers must comply with strict regulations, including obtaining permits and adhering to work hour restrictions, to prevent exploitation and unsafe conditions.
Understanding these laws is essential for young workers, parents, and employers. This guide outlines key aspects of child employment, including the legal working age, permitted job types, taxation obligations, and dispute resolution mechanisms.
Legal Age and Work Eligibility
Minimum Working Age
Individuals under 13 are not allowed to work. However, there are exceptions:
- 11 years or older: Permitted to deliver newspapers, advertising materials, or make pharmacy deliveries.
- Any age: Allowed to work in a family business or the entertainment industry, provided certain conditions are met.
Family Business and Entertainment Industry
- If working in a family business, a parent or guardian must supervise the child and ensure they only perform light work that does not interfere with school.
- Entertainment industry roles must comply with child employment regulations.
Permissible and Prohibited Work
Allowed Work for Those Under 15
Children can engage in light work, including:
- Errands and casual house-related tasks
- Golf caddying and gardening
- Office tasks (e.g., photocopying)
- Street trading
- Delivering newspapers and advertising materials
- Retail sales assistance
- Farm work
- Entertainment industry jobs
Prohibited Work
Young workers cannot:
- Engage in door-to-door sales
- Work in building and construction
- Participate in deep-sea fishing
- Sell alcohol unless in an approved training program
Work Permits and Employer Obligations
Child Employment Permit
Children under 15 can only be employed if their employer obtains a Child Employment Permit from Business Victoria. Employers are also required to hold a Working with Children Check before employing minors.
- Illegality of working without a permit: Employers who fail to obtain a permit may face fines ranging from $1,000 to $10,000.
- Permit Requirements: The permit application must include job details, work hours, and written consent from the child’s parent or guardian.
- School Approval: If the work occurs during school hours, the school must provide approval.
Permit Exemptions
A work permit is not required if the work is occasional and involves:
- Helping in a family business.
- Posing for still photographs (e.g., modelling).
- Participating in a sports event (e.g., Australian Open ball-kid roles).
- Engaging in non-profit educational, charitable, or religious activities.
Work Hours and Break Regulations
School Term Limits
- Maximum 3 hours per day.
- Maximum 12 hours per week.
School Holidays Limits
- Maximum 6 hours per day.
- Maximum 30 hours per week.
Rest Periods and Time Restrictions
- A 30-minute break is required after every 3 hours worked.
- There must be at least 12 hours of rest between shifts.
- Working hours are limited to 6:00 am – 9:00 pm.
- Street trading restriction: Must only occur during daylight hours.
Taxation and Tax File Numbers (TFN)
Importance of a TFN
- Without a TFN, 50% of wages may be withheld in tax.
- TFNs are issued by the Australian Taxation Office (ATO) and remain valid for life.
- Applications require two forms of identification (e.g., birth certificate and proof of residence) and can be submitted through the ATO website.
Tax Obligations
- If earnings exceed the tax-free threshold, a tax return must be submitted at the end of the financial year (30 June).
- The ATO website provides updated tax-free thresholds and obligations.
Work Experience Restrictions
For students interested in gaining work experience:
- Over 14 years old: Allowed to participate in work experience for up to 15 days per term, with a maximum of 40 days per year.
- Under 15 years old: Requires a Child Employment Permit before engaging in work experience.
- Animal-related work: Some restrictions may apply depending on the industry.
- Schools provide guidance on suitable work experience placements.
Key Legislation
- Child Employment Act 2003: Governs the employment of individuals under 15 in Victoria. It sets out requirements for work permits, working conditions, and employer obligations to protect young workers from exploitation and ensure their safety.
- Fair Work Act 2009: Provides minimum employment standards across Australia. While it primarily applies to adult workers, it influences wage laws, working conditions, and protections that may extend to young workers in certain industries.
- Occupational Health and Safety Act 2004: Ensures safe working conditions for all employees, including those under 15.
Resources and Support
- Australian Taxation Office (ATO): Provides information on tax obligations, tax file numbers, and income thresholds for young workers.
- Business Victoria: Offers guidance on obtaining child employment permits and employer responsibilities.
- Fair Work Ombudsman: Assists with wage disputes, workplace rights, and employer compliance.
- WorkSafe Victoria: Ensures that young workers are provided with safe and regulated working environments.
- Victoria Legal Aid: Provides legal assistance in resolving employment-related disputes and understanding workplace rights.
Conclusion
Complying with child employment laws in Victoria is crucial to protecting young workers and ensuring work does not interfere with education or well-being. These regulations help create a safe and fair working environment for minors while allowing them to gain valuable experience. Employers and young workers should stay informed to meet legal requirements and avoid penalties. Seeking professional guidance can help clarify any concerns.
At Pentana Stanton Lawyers, we provide expert legal guidance on employment laws, workplace rights, and dispute resolution. Our experienced team can assist with compliance matters and legal disputes to ensure your employment rights are protected.
Contact us today to schedule a consultation and ensure you or your child’s employment adheres to Victorian law.
