Definitions
School-aged child
Young child
Baby
Parent
Family business
Work
School-aged child
A school-aged child is a child under 16 years and required to be enrolled at a school. A child below the age of 16 years is not a school-aged child if the child has completed compulsory schooling (i.e. completion of year 10) or is for any other reason not required to be enrolled at a school.
More information on when a child is required to be enrolled at a school is available in the Education (General Provisions) Act 2006 (PDF, 1.3 MB).
Young child
A young child is a child not old enough to be enrolled for compulsory schooling.
Note: The Preparatory Year the Queensland Government has introduced across the state from 2007 will increase the starting age for compulsory schooling by six months from 2008. The Preparatory Year is not part of the compulsory schooling requirements.
Baby
A young child includes a baby. For the purposes of the entertainment industry a baby is defined as a child under 12 weeks.
Parent
A parent is the child's mother, father or another person who exercises parental control over the child. However, a person temporarily standing in the place of the parent is not considered to be a parent.
Where the child is an Aboriginal or Torres Strait Islander, a parent includes a person who is regarded as such under Aboriginal tradition or Torres Strait Islander custom.
Where a person has been granted guardianship under the Child Protection Act 1999 (PDF, 1.1 MB) , or where a person has been granted parental responsibility through a decision of a Federal or State court then that person is considered to be the only parent of the child. In these cases no other person, including the child's biological parent, would be regarded as the child's parent under this Act.
Family business
A family business is a business wholly owned by a close adult relative of the child. Family businesses are exempt from the prohibited working hours and break requirements imposed under the Regulation..
Parental consent requirements apply to family businesses except where the employer is the parent.
Work
The term 'work' has a broad application including work that is carried out for labour only or substantially for labour only and work performed under piecework rate arrangements as well as under a traditional employment arrangement. "Work" does not include genuine independent subcontracting arrangements. Participating or assisting in a business carried on for profit is included under this definition, even where the child does not receive payment or other reward. This definition also includes work performed as a supervisor.
'Work' does not include domestic chores. Domestic chores have deliberately been excluded from the definition of work in recognition of the differences between true work and activities performed as a chore or a family obligation.
Work carried out as part of work experience, vocational placements, traineeships and charitable collections covered by other legislation are not subject to the requirements of this Act.
Work in the entertainment industry
The broad application of the term 'work', applies equally to the entertainment industry. Work in the entertainment industry involves performance work, for example acting, appearing in promotional events, dancing, doing voice-overs, modelling, including photographic modelling, playing a musical instrument or singing.
Work supporting the entertainment industry such as working front of house or backstage is not considered work for the purposes of this Regulation.
Work considered entertainment
The Regulation has broken entertainment into the two categories of live and recorded entertainment.
Live entertainment includes:
- theatre;
- musical theatre;
- opera;
- circus entertainment;
- fashion parades;
- performances in a shopping centres;
- promotional events.
Recorded entertainment includes:
- film or a similar production;
- television;
- advertising;
- radio;
- photographic modelling;
- performances recorded only for use in subsequent entertainment or a subsequent exhibition;
- any other entertainment that is not live entertainment.
Last updated 2 June 2009
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