Pamphlet, newspaper and advertising material delivery work
Restrictions based on the child’s age apply to the employment of children delivering pamphlets, newspapers and advertising materials.
Employers employing children have an obligation to ensure that they are not employing or contracting work to children contrary to this legislation.
Employers found breaching this legislation may be prosecuted and face fines of up to $24,000.
The following guidelines are provided to assist employers operating businesses in the delivery industry to meet their obligations when employing children.
These provisions do not apply to a child employed in a family business.
Definition of delivery work
Delivery work is defined as, ‘work that involves delivering newspapers, pamphlets or advertising material’.
It is unlawful to engage a child in work delivering materials other than those in the above definition.
Employment status of the child
The Children and Community Services Act 2004 defines a child in employment to include circumstances where the child is carrying out work:
- whether or not the child receives payment or another reward for the work;
- whether the child is a direct employee, a contractor or working under any other arrangement.
Consequently, under the legislation a work relationship with a child is considered to be employment whether or not the child is receiving payment or reward, regardless of the contractual arrangements. Accordingly, any business or individual engaging a child to work is considered, for the purposes of this legislation, to be an employer.
Children aged under 10 years
It is unlawful to engage a child in any circumstances to perform delivery work.
An employer breaching this provision may be prosecuted and liable for a fine of up to $24,000.
Children aged between 10 years and 13 years
A child aged between 10 and 13 years may be employed in delivery work but they:
- must not work prior to 6am;
- must not work after 7pm;
- must not work during school hours: and
- must be accompanied at all times whilst working by either:
a) a parent of the child; or
b) an adult (a person 18 years or over) authorised in writing by a parent of the child*.
An employer breaching any of these provisions may be prosecuted and liable for a fine of up to $24,000
*It is strongly recommended that employers retain, and be able to produce the original written parental permission documents during and after the period of employment of a child aged between 10 and 13 years.
Children aged between 13 and 15
A child aged between 13 and 15 years may be employed in delivery work in accordance with the following guidelines:
- prior to the child commencing work the employer must have written permission from a parent of the child*;
- the child must not work prior to 6am;
- the child must not work after 10pm; and
- the child must not work during school hours.
An employer breaching any of these provisions may be prosecuted and liable for a fine of up to $24,000
*It is strongly recommended that employers retain, and be able to produce the original written parental permission documents during and after the period of employment of a child aged between 13 and 15 years.
Children aged between 15 and 16 years
An employer may engage a child aged between 15 and 16 years in delivery work but not during hours the child would normally attend school.
In Western Australia the lawful age for a child to leave school is year in which the child turns 16. A parent of a child may make application to the Department of Education and Training for a child to exemption from this provision. For further information on obtaining an exemption visit www.det.wa.edu.au
Children aged over 16 years
There are no restrictions on employing a child over 16 years in delivery work.
For a comprehensive overview of all of the provisions relating to children in employment, view the New Employment of Children Laws brochure or contact Wageline on 1300 655 266