Introduction
Definitions
Restrictions on children working
Obligations for parents and employers
Offences
In Queensland , the employment of children (those under 18 years of age) is governed by the Child Employment Act 2006 (PDF, 619 KB) and the Child Employment Regulation 2006 (PDF, 329 KB).
The legislation protects children from being required to perform work that may be harmful to their health or safety, or their physical, mental, moral or social development. These laws also ensure that work does not interfere with children’s schooling.
To achieve these objectives the Act and Regulation set minimum ages for work, limit the hours of work of school-aged and young children and place obligations on employers who employ children.
The laws provides definitions of the following terms:
Work in the entertainment industry was deliberately excluded from some of the general restrictions applying to minimum age and hours. Where the entertainment industry has been exempted, separate provisions (including hours) have been created. For instance no minimum age applies to children working in entertainment, however to ensure the protection of young children greater supervisory conditions are stipulated for children working in entertainment.
Two sets of restricted hours are prescribed for school-aged or young children working in the entertainment industry. These hours are categorised into permitted hours in recorded entertainment and permitted hours in live entertainment. Permitted hours for work in live entertainment are more restricted than those in recorded entertainment.
The hours during which work may be performed for recorded and live entertainment including the maximum working hours per day and the maximum number of working days in a week are prescribed for a number of age groupings.
Child employment laws prohibit the employment of children in adult entertainment and related activities by prohibiting the employment of children while they are nude or partially nude. The entertainment laws also prohibit the employment of children around others who are nude or semi-nude. Under certain circumstances, children under 12 months of age may be exempt from these prohibitions.
Employer obligations have been developed to cater for the unique needs of the entertainment industry. For instance, specific employer obligations including, but not limited to, collection and travel arrangements, the provision of accommodation, food and drink, and provision of amenities also apply when employing children in the entertainment industry.
These employer obligations apply in addition to the obligations developed for all industries.
Parents are also required to play their part. The Act makes it illegal for an employer to employ a school-aged child until they have obtained a Parent's Consent Form (PDF, 86 KB). The form must be signed by the child’s parent and include information for the employer about the hours when the child is required to be at school. A new form must be completed when those hours change. The Parent’s Consent Form must be kept by the employer.
The Act and Regulation outline offences and penalties for employers who do not comply with the law. Enforcement of the child employment laws will be carried out by inspectors who will monitor compliance and investigate and deal with alleged contraventions.
More detail about enforcement, legal proceedings and appeals is available in the Child Employment Guide (PDF, 202 KB).
Last updated 21 July 2009
Parent's Consent Form (PDF, 86 KB)
Child Employment Guide (PDF, 202 KB)
Application for Special Circumstances Certificate (PDF, 107 KB)
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© The State of Queensland (Department of Justice and Attorney-General) 2009.
