Child employment other than in the entertainment industry
Introduction
Definitions
Restrictions on children working
Obligations for parents and employers
Offences
Introduction
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 and safety, or that compromises their mental, moral or social welfare. The Act and Regulation also limits the hours of work of school-aged children to ensure that their studies aren't adversely affected.
Definitions
A school-aged child is a child who is under 16 years and required to be enrolled at a school. A child who is 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.
The laws also provide definitions of a 'young child', 'work', 'parent' and 'family business'.
Restrictions on children working
Restrictions and exemptions apply in regards to:
- minimum age of employment
- maximum hours of work
- shifts
- breaks
- prohibited hours
- supervision
Obligations for parents and employers
The laws specify obligations for parents and employers in order for a school-aged or young child to be employed.
Before employment can occur, the child must have authority to work The Act makes it illegal to employ a school-aged child until an employer has obtained a Parent's Consent Form (PDF, 86 KB) or Application for Special Circumstances Certificate (PDF, 107 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 employer must keep the signed consent form on file.
Offences
The Act and the Regulation outline offences and penalties for employers who do not comply with the law. These laws also prohibit the employment of children in adult entertainment and related activities.
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
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