Restrictions on children working
Age restrictions
Maximum hours of work
Shifts
Breaks
Prohibited hours
Supervision
Exemptions
Director-General may prohibit or limit the work a child may do
The following work restrictions apply only to the work of school-aged and young children.
Age restrictions
The Act prohibits the employment of children below the ages specified in the Regulation.
Generally the minimum age for employment is 13 years. This is lowered to 11 years where the child carries out supervised delivery work that involves delivering newspapers, advertising material or similar items between the hours of 6am and 6pm .
Maximum hours of work
School-aged children
The Act restricts employment of school-aged children outside of the hours stipulated by the Regulation. The Regulation differentiates between the hours that a school-aged child can work on a day when they are required to attend school and a day when they are not required to attend school.
On a school day a school-aged child can work a maximum of four hours. On a day when a school-aged child is not required to attend school they can work a maximum of eight hours.
A distinction is also made between the maximum hours a school-aged child can work during a school week and a non-school week. A school week is a week, commencing on a Sunday, when the child is required to attend school on any day of that week. During a school week a school-aged child can work a maximum of 12 hours. During a non-school week a school-aged child can work a maximum of 38 hours.
Unless an industrial instrument provides otherwise a school-aged child must be given at least a one hour break after the end of the fourth hour.
An industrial instrument includes an award or certified agreement made under state or Federal legislation, a Queensland Workplace Agreement (QWA), an industrial agreement, an enterprise flexibility agreement (EFA), or a code of practice made for outworkers in the clothing industry or for labour market programs.
Young children
A young child can work up to four hours a day and 12 hours per week.
Maximum allowable hours of work for school-aged and young children are:
|
On a school day |
On a non-school day |
During a school week* |
During a non-school week |
School-aged child |
4 |
8 |
12 |
38 |
Young child |
N/A |
4 |
N/A |
12 |
*A school week is a week commencing on a Sunday, when the child is required to attend school on any day of that week.
The Act makes it an offence for an employer to require or permit a school-aged child to perform work when they are required to attend school. A parent commits an offence under the Education (General Provisions) Act 2006 (PDF, 1.3 MB) if he/she allows a child to work when they are required to be at school.
Shifts
Unless an industrial instrument provides otherwise, a school-aged or young child must not work more than one shift on a single day.
Breaks
Unless an industrial instrument provides otherwise, a school-aged child must be given at least a one hour break after the end of the fourth hour.
A school-aged or young child must have a 12 hour break after completing work with an employer before starting work again, with the same employer.
Shifts per day |
Break during shift |
Break between shifts |
1 |
1 hour after the end of the fourth hour |
12 hours |
Prohibited hours
In addition to the prohibition on employing school-aged children when they are required to be at school, a school-aged or young child must not work between the hours of 10pm and 6am . A further restriction prohibits children between the ages of 11 and 13 years from carrying out delivery work between the hours of 6pm and 6am .
Application |
Prohibited hours |
School-aged and young children |
Between 10pm and 6am |
Children between the ages of 11 and 13 years carrying out delivery work |
Between 6pm and 6am |
Supervision
The Regulation provides that school-aged or young children involved in delivery work or the exchange of money must be appropriately supervised by an adult and must have an adult near to, and in regular contact, with the child.
Exemptions
The restrictions upon age, hours, shifts and breaks listed above do not apply to children working in a family business or in the entertainment industry. A separate mandatory Code of Conduct applies to the employment of children working in the entertainment industry.
The restrictions upon the age when children may work do not apply in the case of voluntary work, but all other restrictions do apply.
The above restrictions do not apply if the child is permitted or authorised under an Act or a Special Circumstances Certificate to do the work, or work in the way, or when, the Regulation states the child may not work.
Director-General may prohibit or limit the work a child may do
The Director-General of the Department of Justice and Attorney General may prohibit a child from performing work that would ordinarily be permissible or prohibit a child from working for a stated employer by issuing a work limitation notice.
The Director-General will only issue a Work Limitation Notice if it is reasonably believed that the work may interfere with a child’s schooling or be harmful to their health or safety or their physical, mental, moral or social development.
More detail about the Work Limitation Notice is available in the Child Employment Guide (PDF, 202 KB).
Last updated 21 July 2009
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