Changes to the Child Employment Act

Did you know that you need a child work permit to have an employee under the age of 15 work in your business? In this article we’ll outline how they work and what exemptions there are as well as the changes coming on 1 July 2023.

How it works

Children under 15 can be employed in a business subject to a few qualifications:

• They must be at least 11 years old to do delivery work or 13 to work in retail or hospitality and must be supervised at all times by someone who possesses a valid Working with Children Clearance.
• An employer must have a permit before they engage an under 15 year old. Failure to have a permit is a crime and employers may be penalised accordingly.
• There are restrictions on how many hours they are allowed to work and when those hours can be, including start and finish times.
• Employees under 15 years of age have increased break times and frequency compared to older employees.

What exemptions are there?

While most businesses are subject to the above rules family businesses are exempt from needing a child workers permit and some of the rules regarding age restrictions, hours of work and rest breaks do not apply so long as they are directly supervised by a parent or guardian. If someone other than a parent or guardian is supervising the employee then the exemption does not apply.

Similarly the entertainment and advertising industry have their own rules that differ from the rules that apply to most other industries. They can be found in more detail by following this link. Child employment permits – entertainment and advertising

Changes

As of July 1 2023 the Child Employment (Amendment) Act 2022 is being introduced. This Act changes the system of employing children from having to apply for individual permits for every child to employers being able to hold a licence under which they can employ multiple children.

it also clarifies several grey areas including definitions regarding what constitutes a family business, what employment means in several contexts in different industries and supervision rules. 

For more information on the changes please look at this page. Changes to the Child Employment Act

Child employment laws are enforced by the Wage Inspectorate Victoria.

If you need any assistance with anything mentioned please check the Victorian Governments web page regarding child employment here or if you need further assistance please give us a call on 1300 108 488.