1694. In Australia, wages and working conditions of persons below adult age are regulated by a combination of legislation and awards. Legislation (essentially State legislation) deals with occupational health and safety matters and with minimum school leaving ages, restrictions on child employment and employment of children in particular work. […]

State and Territory matters

Australian Capital Territory

1698. The Childrens Services Act 1986 regulates the employment of children under the age of 15. The Act prohibits the employment of a child in hazardous employment without the consent of the Director of Welfare. Conditions are outlined for children employed for light work (eg errands, distributing newspapers, baby-sitting etc). A person may only employ a child in certain occupations, which are listed, or in a family business. The employment must be for less than 10 hours per week, and must not have a detrimental effect on the childs schooling. The Act imposes a penalty where activities may be dangerous to the health and safety of the child.

New South Wales

1699. The employment of children under the age of 15 years is regulated by the Department of Community Services under Part 4 of the Children (Care and Protection) Act 1987. There is a regulation (which includes a Code of Practice) under that Part which, together with the Act itself, give effect to the protection of the child from abuse and exploitation.

1700. The employment of children aged 16 to 18 years is regulated by the Department of Industrial Relations, Employment, Training and Further Education, and the relevant legislation is consistent with the terms of Article 32. Division 7 Part III of the Factories, Shops and Industries Act 1962 contains provisions safeguarding:

the employment of children and young persons in factories (section 49);

the employment of young persons in connection with machinery (section 51);

the employment of young persons at night (section 54); and

the weights that can be lifted or carried by young persons in factories (section 36).

Northern Territory

1702. The Education Act 1979 provides that no child between the age of six and 15 years is to be employed during school hours or at any other time which would make the child unfit or unable to attend school or receive instruction provided. The Community Welfare Act 1983 provides that children under 15 years of age will not be employed between 10.00 pm and 6.00 am and prohibits employment of children in dangerous activities without the consent of the Minister. While there is no inconsistency between the Convention and Territory legislation, there is no legislation which currently provides for employment or regulation of hours and conditions of employment or a minimum age for employment.

Queensland

1703. The relevant Acts do not specify minimum ages for employment, with the exception of the Workplace Health and Safety Act 1989. The Workplace Health and Safety Act 1989 provides that an employer shall not permit any male under the age of 18 years or any female to operate at a workplace where lead processing is used. The Health Act 1937 prohibits a person who has not attained the age of 18 years from obtaining a pest control operators licence or preparing pesticides for use by a pest controller. The Act also prohibits a person under the age of 17 years from mixing or loading agricultural chemicals intended for the use in aerial or ground application.

1704. The Education (General Provisions) Act 1989 indirectly addresses the issue of the legal minimum age for part-time and full-time employment by providing that a parent shall not employ or cause to be employed his or her child during school hours unless special dispensation has been granted. Education is mandatory until 15 years and therefore labour restrictions do not apply after that age.

1705. The Childrens Services Act 1965 prohibits any female child under the age of 17 years from engaging in street trading. However, boys over the age of 12 years may engage in street trading between the hours of 6.00 am and 10.00 pm, under certain conditions. Children are prohibited from engaging in street trading during school hours.

1706. The Childrens Services Act also makes it an offence for adults to employ children in the following occupations:

relating to the procurement of children for employment in the performing arts, (for money);

children who are under school leaving age are prohibited from working in racing stables, or as a jockey. This work is permitted if betting was not permitted in relation to the employment and if the proceeds were to go to schools, churches, or charity;

under this section of the Act, it is also an offence to employ children in any dangerous or indecent performances; and

any such children engaged in the cinematographic industry, or who are working as a model or engaged in public entertainment, who are under school leaving age require a permit issued by the Director-General of the Department of Family Services and Aboriginal and Islander Affairs. (In practice this delegation rests with the Regional Manager of the area in which the child resides.)

1710. Section 78 of the Education Act provides that a child of compulsory school age may not be employed during the hours at which he or she is required to attend school or during any part of a day of night in any labour or occupation that is such as to render the child unfit to attend school or to obtain the proper benefit from the instruction provided for him or her.

Tasmania

1711. The Child Welfare Act 1960 governs the public performance of children under 14 years, trading in a public place under the age of 11 years and trading in a public place under the age of 14 years after 9.00 pm.

Victoria

1712. In Victoria the Community Services Act 1970 prohibits the employment of a child under 15 years of age without a child employment permit issued by the Department of Labour.

Western Australia

1715. In Western Australia a child may engage in part-time employment at any age subject to any restrictions relating to the particular occupation.

1716. The Child Welfare Act 1947 limits the part-time employment of children in street trading to those aged 12 and above and to daylight and out of school hours, licences the employment of children under 15 in entertainment and advertising and imposes penalties for employing children for indecent or pornographic purposes.

1694. In Australia, wages and working conditions of persons below adult age are regulated by a combination of legislation and awards. Legislation (essentially State legislation) deals with occupational health and safety matters and with minimum school leaving ages, restrictions on child employment and employment of children in particular work. […]

State and Territory matters

Australian Capital Territory

1698. The Childrens Services Act 1986 regulates the employment of children under the age of 15. The Act prohibits the employment of a child in hazardous employment without the consent of the Director of Welfare. Conditions are outlined for children employed for light work (eg errands, distributing newspapers, baby-sitting etc). A person may only employ a child in certain occupations, which are listed, or in a family business. The employment must be for less than 10 hours per week, and must not have a detrimental effect on the childs schooling. The Act imposes a penalty where activities may be dangerous to the health and safety of the child.

New South Wales

1699. The employment of children under the age of 15 years is regulated by the Department of Community Services under Part 4 of the Children (Care and Protection) Act 1987. There is a regulation (which includes a Code of Practice) under that Part which, together with the Act itself, give effect to the protection of the child from abuse and exploitation.

1700. The employment of children aged 16 to 18 years is regulated by the Department of Industrial Relations, Employment, Training and Further Education, and the relevant legislation is consistent with the terms of Article 32. Division 7 Part III of the Factories, Shops and Industries Act 1962 contains provisions safeguarding:

the employment of children and young persons in factories (section 49);

the employment of young persons in connection with machinery (section 51);

the employment of young persons at night (section 54); and

the weights that can be lifted or carried by young persons in factories (section 36).

Northern Territory

1702. The Education Act 1979 provides that no child between the age of six and 15 years is to be employed during school hours or at any other time which would make the child unfit or unable to attend school or receive instruction provided. The Community Welfare Act 1983 provides that children under 15 years of age will not be employed between 10.00 pm and 6.00 am and prohibits employment of children in dangerous activities without the consent of the Minister. While there is no inconsistency between the Convention and Territory legislation, there is no legislation which currently provides for employment or regulation of hours and conditions of employment or a minimum age for employment.

Queensland

1703. The relevant Acts do not specify minimum ages for employment, with the exception of the Workplace Health and Safety Act 1989. The Workplace Health and Safety Act 1989 provides that an employer shall not permit any male under the age of 18 years or any female to operate at a workplace where lead processing is used. The Health Act 1937 prohibits a person who has not attained the age of 18 years from obtaining a pest control operators licence or preparing pesticides for use by a pest controller. The Act also prohibits a person under the age of 17 years from mixing or loading agricultural chemicals intended for the use in aerial or ground application.

1704. The Education (General Provisions) Act 1989 indirectly addresses the issue of the legal minimum age for part-time and full-time employment by providing that a parent shall not employ or cause to be employed his or her child during school hours unless special dispensation has been granted. Education is mandatory until 15 years and therefore labour restrictions do not apply after that age.

1705. The Childrens Services Act 1965 prohibits any female child under the age of 17 years from engaging in street trading. However, boys over the age of 12 years may engage in street trading between the hours of 6.00 am and 10.00 pm, under certain conditions. Children are prohibited from engaging in street trading during school hours.

1706. The Childrens Services Act also makes it an offence for adults to employ children in the following occupations:

relating to the procurement of children for employment in the performing arts, (for money);

children who are under school leaving age are prohibited from working in racing stables, or as a jockey. This work is permitted if betting was not permitted in relation to the employment and if the proceeds were to go to schools, churches, or charity;

under this section of the Act, it is also an offence to employ children in any dangerous or indecent performances; and

any such children engaged in the cinematographic industry, or who are working as a model or engaged in public entertainment, who are under school leaving age require a permit issued by the Director-General of the Department of Family Services and Aboriginal and Islander Affairs. (In practice this delegation rests with the Regional Manager of the area in which the child resides.)

1710. Section 78 of the Education Act provides that a child of compulsory school age may not be employed during the hours at which he or she is required to attend school or during any part of a day of night in any labour or occupation that is such as to render the child unfit to attend school or to obtain the proper benefit from the instruction provided for him or her.

Tasmania

1711. The Child Welfare Act 1960 governs the public performance of children under 14 years, trading in a public place under the age of 11 years and trading in a public place under the age of 14 years after 9.00 pm.

Victoria

1712. In Victoria the Community Services Act 1970 prohibits the employment of a child under 15 years of age without a child employment permit issued by the Department of Labour.

Western Australia

1715. In Western Australia a child may engage in part-time employment at any age subject to any restrictions relating to the particular occupation.

150. At present the age of criminal responsibility for Federal offences varies from seven to 10 years as State and Territory laws are applied. Under a Model Criminal Code currently being developed for application in all jurisdictions the age will be standardised at 10 years or more; this will become law in relation to Federal offences on 16 September 1995 when new provisions based on the Code come into effect. Further, a child over 10 years but under 14 years can only be criminally responsible for an offence if the child knows that his or her conduct is wrong. The question of whether a child knows that his or her conduct is wrong is one of fact and the burden of proving this is on the prosecution.

151. In the Australian Capital Territory a child who has not attained the age of eight years is presumed to be incapable of committing an offence. Where a child is between the age of eight and 14 there is a rebuttable presumption that the child is incapable of committing an offence because she or he did not have the capacity to know that the particular act or omission was wrong.

152. In New South Wales, the Northern Territory, Queensland and Western Australia, a child under the age of 10 years is not criminally responsible for any act or omission. A child between the ages of 10 to 14 years is not criminally responsible for an act or omission unless it is proved that at the time of doing the act or making the omission he or she had the capacity to know that the activity in question was wrong at the time of the commission of the offence.

153. In Victoria the Children and Young Persons Act 1989 provides a minimum age of 10 years for criminal liability. A charge in respect of a child aged 10 to 16, other than for homicide and some other indictable offences, must be heard in the Criminal Division of the Childrens Court.

154. The age of criminal liability in South Australia is 10 years under the Young Offenders Act 1993.