Legal Working Age in Australia by State

The Jurisdictional Nuance of Child Employment Law

In Australia, there is no single national legal working age. This is a critical point of distinction. The Fair Work Act 2009 (Cth), while establishing a national framework for workplace relations, largely defers to state and territory laws on specific matters related to child employment, particularly concerning minimum ages and working conditions for minors. Federal industrial instruments, such as modern awards, will apply to young workers, but their application is typically contingent on the child being legally permitted to work under state or territory law in the first place.

The regulatory framework at the state and territory level generally addresses:

• Minimum Age Requirements: Whether there is a specified minimum age for employment, and if so, what that age is.
• Types of Work: Restrictions on the nature of work children can perform, often distinguishing between light duties, hazardous tasks, or specific industries like entertainment.
• Hours of Work: Limitations on daily, weekly, or hourly work, including restrictions during school hours, at night, or early mornings.
• Permit and Licencing Requirements: Whether employers need to obtain specific permits or licences to employ children, particularly for those below a certain age or in particular sectors.
• Parental/Guardian Consent: The requirement for written consent from a parent or guardian.
• Wages and Conditions: While federal awards largely govern junior rates, state laws can sometimes influence other conditions.
• Occupational Health and Safety (OHS): Specific provisions to ensure the safety and well-being of young workers, acknowledging their vulnerability.

State and Territory Specific Requirements

New South Wales (NSW)

NSW does not impose a single minimum age for employment, but instead regulates child employment through an industry-specific approach under the Children and Young Persons (Care and Protection) Act 1998 (NSW) and the Children and Young Persons (Care and Protection) Regulation 2012 (NSW). The primary regulator is the Office of the Children's Guardian (OCG).

• General Principle: There is no absolute minimum age, but employers must ensure that the work is not harmful to the child's health, safety, or moral development, and does not interfere with their schooling.
• Specific Industries:
  • Entertainment, Advertising, and Approved Functions: Children under 16 require an authority from the OCG. Strict rules apply regarding supervision, hours, rest breaks, and chaperones (sections 221-228 of the Act).
  • Light Work (e.g., delivery, retail): Generally, children delivering newspapers or advertising material must be at least 11 years old. For other retail or food service work, while not explicitly legislated, industry standards often see employers preferring children aged 14 or above, subject to the "no harm, no school interference" principle.
• Prohibited Work: Certain dangerous or inappropriate work is prohibited for children.
• Hours: No work during school hours. Restrictions on late-night or early-morning work.

Victoria (VIC)

Victoria has a more prescriptive approach, primarily governed by the Child Employment Act 2003 (Vic) and the Child Employment Regulations 2005 (Vic). The Victorian Wage Inspectorate is the key regulatory body.

• General Minimum Age: Generally, a child must be at least 15 years old to be employed in regular work.
• Under 15s: Children under 15 can be employed in specific limited circumstances, primarily in the entertainment, advertising, and modelling industries, or in a family business, but require a permit from the Wage Inspectorate Victoria.
• Permitting System: Employers must apply for a permit to employ children under 15, detailing the work, hours, and supervision.
• Specific Restrictions:
  • Hours of work: Limits on daily and weekly hours (e.g., typically no more than 3 hours on a school day and 6 hours on a non-school day).
  • Times of work: Generally, children cannot work between 9 pm and 6 am.
  • Prohibited work: Children under 15 cannot be employed in certain types of work considered unsafe or unsuitable.
• Parental Consent: Mandatory for all child employees.

Queensland (QLD)

Child employment in Queensland is regulated by the Child Employment Act 2006 (Qld) and the Child Employment Regulation 2016 (Qld). The Office of Industrial Relations (OIR) is the enforcement body.

• General Minimum Age: A child must be at least 13 years old to be employed in most types of work.
• Specific Exceptions:
  • Deliveries: Children aged 11 years or older can be employed to deliver newspapers, pamphlets, or advertising material, but must be supervised.
  • Entertainment and Modelling: Children under 13 can be employed in these industries with a child employment approval from the OIR and strict conditions.
  • Family Business: Children of any age can work in a family business if it's supervised by a parent or guardian and is safe.
• Hours of Work: No work during school hours. Restrictions on daily and weekly hours, and work during night-time.
• Parental Consent: Required if the child is under 16.

South Australia (SA)

South Australia does not specify a minimum age for employment but regulates child employment under the Children and Young People Act 1986 (SA) and the Children and Young People (Care and Protection) Regulations 2008 (SA). The Department for Child Protection provides guidance.

• General Principle: A child can be employed as long as the employment does not harm their "health, safety, development or education."
• Prohibited Employment: Children under 15 cannot be employed in factory work, and children under 16 cannot operate machinery (sections 16-17 of the Act).
• Entertainment/Performances: Children participating in public performances or entertainment may require a permit from the Department for Child Protection if they are under 12 years old.
• Hours: No work during school hours. Work must not impact schooling.

Western Australia (WA)

Child employment in WA is primarily regulated by the Children and Community Services Act 2004 (WA) and the Children and Community Services Regulations 2006 (WA). The Department of Communities provides oversight.

• General Minimum Age: No explicit minimum age, but work must not endanger a child's health or well-being, or interfere with their education.
• Under 15s: Restrictions apply for children under 15 regarding the types of work they can do and the hours. They cannot generally be employed in industrial undertakings.
• Specific Industries: For children involved in entertainment or performances, there are specific regulations concerning permits, supervision, and hours.
• Hours: Strict limits on the number of hours a child can work, especially during school holidays and term time. No or limited work during school hours.

Tasmania (TAS)

Tasmania regulates child employment through the Children, Young Persons and Their Families Act 1997 (Tas). WorkSafe Tasmania is involved where OHS issues arise.

• General Minimum Age: No specified minimum age for general employment. The focus is on the suitability and safety of the work.
• Under 16s: Specific restrictions apply to employment of children under 16, particularly concerning dangerous work or work that interferes with schooling.
• Entertainment: Requirements for permission from the Secretary of the Department of Education for children under 16 to participate in public performances.
• Hours: Work must not interfere with schooling, and is subject to limits on hours and times.

Australian Capital Territory (ACT)

The ACT currently has limited specific legislation regarding child employment, generally relying on the overarching principles of child protection. Compliance with federal industrial instruments and OHS laws is paramount. The Working with Vulnerable People (Background Checking) Act 2011 (ACT) is relevant for roles involving children.

• General Principle: There is no specific minimum age for general employment. Employment must not harm the child's well-being or education.
• Practical Considerations: Employers should ensure work is light, supervised adequately, and does not conflict with school or rest.

Northern Territory (NT)

Similar to the ACT, the NT has limited specific child employment legislation. The Care and Protection of Children Act 2007 (NT) covers the welfare of children generally. Employers typically rely on federal awards and common law principles regarding duty of care.

• General Principle: No explicit minimum age. Emphasis on ensuring the employment is safe, suitable, and does not interfere with the child's education or welfare.
• Recommendations: Best practice mirrors other jurisdictions by providing adequate supervision, safe working conditions, and restricting hours.

Common Obligations Across Jurisdictions

Despite the jurisdictional variations, several core principles and obligations are universally applicable when employing children:

• No Interference with Schooling: Children generally cannot be employed during school hours on school days. Their education must remain the priority.
• Written Parental/Guardian Consent: Most jurisdictions explicitly require written consent from a parent or guardian, especially for younger workers. This consent should ideally outline the nature of the work, hours, and remuneration.
• Restrictions on Hours and Times: There are almost always limitations on daily and weekly working hours, and often on early morning or late-night shifts, to ensure adequate rest and recovery.
• Work Health and Safety (WHS): Employers have a heightened duty of care under WHS legislation (e.g., Work Health and Safety Act 2011) towards young workers. This includes providing appropriate training, supervision, and a safe working environment, recognising their inexperience and potential vulnerabilities. Safe Work Australia provides guidance on employing young workers.
• Federal Industrial Instruments: All relevant federal awards and enterprise agreements continue to apply, including provisions for junior rates of pay, minimum wages, leave entitlements, and break requirements. Child employment permits or state-level approvals do not override these federal obligations.
• Record Keeping: Employers must maintain accurate records for all child employees, including employment permits, parental consent, hours worked, and wages paid.

Getting Compliance Right

The complexity of Australia's child employment laws means that employers, particularly those operating across different states or engaging young workers in regulated industries, must undertake thorough due diligence. Errors in compliance can lead to significant penalties, reputational damage, and, most importantly, compromise the welfare of young people.

It is not sufficient to merely obtain a permit; employers must also be mindful of their ongoing duties regarding supervision, training, WHS, and ensuring the work environment is appropriate for a minor. Understanding the interplay between state/territory specific child employment laws and federal industrial relations obligations is crucial.

For businesses seeking clear guidance on their particular circumstances, especially those engaging in startup legals or complex business contracts involving potential child employment, tailored legal advice is invaluable. Envision Legal can assist in navigating these nuanced requirements, ensuring your practices are compliant and ethical.

This article contains general information only and does not constitute legal advice. Envision Legal accepts no liability for any loss arising from reliance on this content. You should seek independent legal advice tailored to your specific circumstances. For enquiries, contact Envision Legal.