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Employing children

Legislation on the employment of children

In March 2006, the Children and Community Services Act 2004 (the CCS Act) came into effect with new provisions about the employment of children. The CCS Act replaced the Child Welfare Act 1947. An information sheet Employment of children laws is available.

The CCS Act must be read in conjunction with the School Education Act 1999 which specifies:

  • the compulsory attendance at school of children (up to the year they turn 17 in 2008)
  • children not being employed during normal school hours
  • when and what exemptions apply to compulsory attendance and employment during school hours.

The parents of a child wishing to leave school for full time employment earlier than the year they turn 17 must have prior approval from the Minister of Education. The child can only be employed in "approved employment". The Department of Education determine if the employment meets this requirement.

To find out more information regarding the school leaving age, contact the Department of Education and Training on 9264 4111, or visit their website at www.det.wa.edu.au.

Employment

A child is considered to be employed when they are engaged to carry out work in a business, trade or occupation carried on for profit, whether or not they are paid or receive any other kind of reward. Employment for the purposes of the CCS Act includes traditional employment arrangements, contracting and piece meal engagements.

Types of Work

The age of a child and the type of work that a child performs depends on a number of factors, which includes -

  • whether the work is in addition to full time school, ie, part time, casual or holiday work;
  • whether the work is an alternative to full time school;
  • the industry of the work;
  • certain conditions such as parental supervision or approval;
  • the hours of work.

Age restrictions

Generally children need to be at least 15 years of age to be employed. It is unlawful for children under 15 to be employed in work in industries other than the exemptions set out below.

Exemption – children 10 years to less than 13 years

A child may be employed to deliver newspapers, pamphlets or advertising material, as long as –

  • it is between the hours of 6.00 am and 7.00 pm,
  • it is outside school hours; and
  • while carrying out the delivery work the child is accompanied by a parent or adult whom the child’s parent has given written permission to accompany the child.

Exemption – children 13 years and less than 15 years

A child may, after providing a parent’s written permission, be employed in the following work -

  • Delivering newspapers, pamphlets or advertising material;
  • Working in a shop, retail outlet or restaurant, or
  • Collecting shopping trolleys from a shop or retail outlet, including adjacent areas.

The work must be carried out between the hours of 6.00am and 10.00pm and the work must occur outside the school hours.
An employer that employs a child to work outside these hours breaches the CCS Act.

No age restrictions

There are no age restrictions for children working in –

Important note

Employment of children under these exemptions is still subject to the School Education Act and accordingly children under 17 years should not be employed in these activities during normal school hours.

Prohibition on employment of child to perform in indecent manner

A person who employs a child, or a parent who permits their child to undertake work to perform in an indecent, obscene or pornographic manner in the course of participating in an entertainment or exhibition or in the making of an advertisement is guilty of a crime, and is liable to imprisonment for 10 years.

Penalties

A person who employs a child, or a parent who permits their child to undertake work that is in breach of the CCS Act, could be prosecuted and fined up to $24,000. An incorporated employer could be prosecuted and fined up to $120,000. It is a defense if an employer can prove they believed, on reasonable grounds, that the child had reached 15 years of age.

For more information regarding the employment of children provisions under the CCS Act, please contact Wageline on 1300 655 266.