CHILD EMPLOYMENT ACT 2003
Table of Provisions
PART 1--PRELIMINARY
- 1 Purposes
- 2 Commencement
- 3 Definitions
- 4 What is employment?
- 4A Activities that are not employment
- 4B When does a person employ a child and who is an employer?
- 5 What is light work?
- 6 Supervisors in relation to entertainment
- 7 Act binds the Crown
PART 2--EMPLOYMENT OF CHILDREN
Division 1--When may children be employed?
- 8 When may a child be employed?
- 9 Employment without a licence
- 10 Minimum age for employment
- 11 Employment of children during school hours
- 12 Prohibited employment
- 12A Prohibited conduct in entertainment—employer obligations
Division 2--Licences for children to engage in employment
- 13 Application for a licence
- 14 Investigation of an application for a licence or renewal
- 15 Fit and proper person
- 16 Matters to be taken into account in assessing whether fit and proper person
- 17 Determining application for licence
- 18 Licence conditions
- 18A Issue of licence
- 18AB Duration of licence
- 18AC Licence is not transferable
- 18AD Licence holder must give notice of certain changes
- 18AE Renewal of licence
- 18AF Variation of licence
- 18AG Suspension and cancellation of licence
- 18AH Show cause notice before suspension or cancellation
- 18AI Application for review of certain licence decisions
- 18AJ Offence to give false and misleading information in relation to licence applications, renewals and variations
- 18AK Wage Inspectorate Victoria must maintain the Child Employment Register
- 18B Record keeping by employers
- 19 Supervision of children in employment
- 19AA Supervision of children during auditions etc.
Division 2A--Worker Screening Act 2020
Division 3--General conditions of employment
- 20 Condition 1—light work
- 21 Condition 2—hours of work
- 22 Condition 3—rest breaks
- 23 Contravention of conditions
Division 4--Employment in family businesses
- 24 When may a child be employed in a family business?
- 25 Provisions that do not apply to employment in family businesses
- 26 Supervision in family businesses
Division 5--Employment in entertainment
- 27 When may a child be employed in entertainment?
- 28 Provisions that do not apply to employment in entertainment
- 29 Mandatory code of practice
- 30 What will the mandatory code contain?
- 34 Availability of the mandatory code
PART 3--CRIMINAL LIABILITY OF EMPLOYER REPRESENTATIVES AND NOMINATED OFFICERS
- 35 Contravention of minimum age for employment
- 36 Contravention of employment of children during school hours
- 36A Contravention in relation to prohibited employment
- 36B Contravention in relation to prohibited conduct in entertainment
- 36C Contravention of licence conditions
- 36D Contravention of adequate supervision of children in employment
- 36E Contravention of condition of employment
- 36F Contravention of the mandatory code
- 36G Contravention of directions
- 36H Contraventions in relation to producing documents and giving information
- 36I Employer representatives or nominated officers may commit offences regardless of whether licence holders prosecuted
PART 4--COMPLIANCE
Division 1--Authorised officers
- 38 Appointment of authorised officers
- 39 Identity cards
- 40 Police to assist authorised officers
- 41 When may powers be exercised?
- 42 Power of entry
- 43 Powers on entry
- 43A Power to give directions
- 44 Power to require information or documents
- 45 Retention of documents
- 45A Infringement notices
- 46 Confidentiality
Division 1A--Compliance notices
- 46A Compliance notices
- 46B Form and content of compliance notices
- 46C Person must comply with a compliance notice
- 46D Effect of compliance notice
Division 2--Offences
- 47 Offences relating to failing to produce documents, hindering authorised officers and giving false or misleading information
- 49 Impersonating authorised officers
- 49A Who can prosecute under this Act?
- 49B Judicial notice
- 50 Proceedings for offences to be brought in Industrial Division of the Magistrates' Court
- 50A Offences by bodies corporate
- 50B Conduct by officers, employees or agents
- 51 Offences by unincorporated associations
Division 3--Additional compliance functions of Wage Inspectorate Victoria
- 51A Additional compliance functions of the Wage Inspectorate Victoria
PART 5--GENERAL
- 52 Delegation
- 53 Regulations
PART 6--REPEALS, AMENDMENTS AND TRANSITIONAL PROVISIONS
Division 1--Child Employment Amendment Act 2010
- 54 Existing permits and applications
- 55 Existing police checks and declarations
Division 2--Industrial Relations Legislation Amendment Act 2021
- 56 Transitional provisions—Industrial Relations Legislation Amendment Act 2021
Division 3--Child Employment Amendment Act 2022
- 57 Information and documents required
- 58 Retention of documents
- 59 Work experience arrangements
- 60 Applications for permits that are on foot
- 61 Application of this Act to certain permits
- 62 Compliance notices that are on foot
- 63 Regulations dealing with transitional matters
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