{"id":"qld:act-2006-002","name":"Child Employment Act 2006","slug":"child-employment-act-2006","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"2 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30314,"registerId":"qld-act-2006-002-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Child Employment Act 2006 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act, other than part 7 , commences on 1 July 2006.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Dictionary","content":"### sec.3 Dictionary\n\nThe dictionary in the schedule defines particular terms used in this Act.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Purpose of this Act","content":"### sec.4 Purpose of this Act\n\nThe purpose of this Act is to safeguard children working in Queensland.\nThis is to be achieved by—\nensuring that work does not interfere with children’s schooling; and\npreventing children performing work that may be harmful to their health or safety or physical, mental, moral or social development.\n(sec.4-ssec.1) The purpose of this Act is to safeguard children working in Queensland.\n(sec.4-ssec.2) This is to be achieved by— ensuring that work does not interfere with children’s schooling; and preventing children performing work that may be harmful to their health or safety or physical, mental, moral or social development.\n- (a) ensuring that work does not interfere with children’s schooling; and\n- (b) preventing children performing work that may be harmful to their health or safety or physical, mental, moral or social development.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Children to whom this Act applies","content":"### sec.5 Children to whom this Act applies\n\nThis Act applies to all children.\nThe Acts Interpretation Act 1954 , schedule 1 defines child , in this context, to mean an individual who is under 18.\ns 5 amd 2013 No. 39 s 110 sch 3 pt 1","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":"Meaning of parent of a child","content":"### sec.6 Meaning of parent of a child\n\nA parent , of a child, is any of the following persons—\nthe child’s mother;\nthe child’s father;\na person who exercises parental responsibility for the child.\nHowever, a person standing in the place of a parent of a child on a temporary basis is not a parent of the child.\nA parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child.\nA parent of a Torres Strait Islander child includes a person who, under Island custom, is regarded as a parent of the child.\nDespite subsections (1) , (3) and (4) , a reference in this Act to a parent of a child is a reference only to—\nif a person is granted guardianship of a child under the Child Protection Act 1999 —the person granted guardianship; or\nif paragraph (a) does not apply but a person otherwise exercises parental responsibility for a child under a decision or order of a Federal Court or a court of a State—the person who exercises parental responsibility for the child under the decision or order.\ns 6 amd 2010 No. 42 s 214 sch\n(sec.6-ssec.1) A parent , of a child, is any of the following persons— the child’s mother; the child’s father; a person who exercises parental responsibility for the child.\n(sec.6-ssec.2) However, a person standing in the place of a parent of a child on a temporary basis is not a parent of the child.\n(sec.6-ssec.3) A parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child.\n(sec.6-ssec.4) A parent of a Torres Strait Islander child includes a person who, under Island custom, is regarded as a parent of the child.\n(sec.6-ssec.5) Despite subsections (1) , (3) and (4) , a reference in this Act to a parent of a child is a reference only to— if a person is granted guardianship of a child under the Child Protection Act 1999 —the person granted guardianship; or if paragraph (a) does not apply but a person otherwise exercises parental responsibility for a child under a decision or order of a Federal Court or a court of a State—the person who exercises parental responsibility for the child under the decision or order.\n- (a) the child’s mother;\n- (b) the child’s father;\n- (c) a person who exercises parental responsibility for the child.\n- (a) if a person is granted guardianship of a child under the Child Protection Act 1999 —the person granted guardianship; or\n- (b) if paragraph (a) does not apply but a person otherwise exercises parental responsibility for a child under a decision or order of a Federal Court or a court of a State—the person who exercises parental responsibility for the child under the decision or order.","sortOrder":6},{"sectionNumber":"sec.7","sectionType":"section","heading":"Meaning of school-aged child","content":"### sec.7 Meaning of school-aged child\n\nA school-aged child is a child who—\nis under 16 years of age; and\nis required to be enrolled at a State school or a non-State school under the Education (General Provisions) Act 2006.\nA child may not be required to be enrolled at a State school or a non-State school if the Education (General Provisions) Act 2006 , chapter 9 , part 3 , 4 or 5 applies to the child.\ns 7 amd 2006 No. 39 s 512 (1) sch 1\n- (a) is under 16 years of age; and\n- (b) is required to be enrolled at a State school or a non-State school under the Education (General Provisions) Act 2006. Note— A child may not be required to be enrolled at a State school or a non-State school if the Education (General Provisions) Act 2006 , chapter 9 , part 3 , 4 or 5 applies to the child.","sortOrder":7},{"sectionNumber":"sec.8","sectionType":"section","heading":"Meaning of work in relation to a child","content":"### sec.8 Meaning of work in relation to a child\n\nWork , in relation to a child, means—\nwork under a contract of service; or\nwork under a contract, whether or not the contract is a contract of service, or at piecework rates, to perform work, for labour only or substantially for labour only; or\nwork under a contract to perform work, whether or not the contract is a contract of service, unless the child—\nis paid to achieve a stated result or outcome; and\nhas to supply all, or substantially all, of the plant and equipment, or tools of trade, needed to perform the work; and\nis, or would be, liable for the cost of fixing a fault with the work performed; or\nwork under a contract, whether or not the contract is a contract of service, to perform work, unless a personal services business determination is in effect for the child under the Income Tax Assessment Act 1997 (Cwlth) , section 87 -60; or\nwork that includes the supervision of other workers, whether or not the child is known as a supervisor, leading hand or other title; or\nparticipating or assisting in any business carried on for profit, whether or not the child receives payment or other reward for the child’s participation or assistance; or\nunpaid or voluntary work.\nWork does not include the following—\ndomestic chores;\ncollections work;\nwork that is part of—\nwork experience; or\nan apprenticeship; or\na traineeship.\nHowever, for sections 8A to 8C , work , in relation to a child, includes work that is part of work experience, an apprenticeship or a traineeship.\nAlso, for parts 2A and 2B , work , in relation to a child, includes employment that is part of an apprenticeship or a traineeship.\ns 8 amd 2007 No. 23 s 43 ; 2013 No. 35 s 27 ; 2014 No. 25 s 223 sch 1 pt 2\n(sec.8-ssec.1) Work , in relation to a child, means— work under a contract of service; or work under a contract, whether or not the contract is a contract of service, or at piecework rates, to perform work, for labour only or substantially for labour only; or work under a contract to perform work, whether or not the contract is a contract of service, unless the child— is paid to achieve a stated result or outcome; and has to supply all, or substantially all, of the plant and equipment, or tools of trade, needed to perform the work; and is, or would be, liable for the cost of fixing a fault with the work performed; or work under a contract, whether or not the contract is a contract of service, to perform work, unless a personal services business determination is in effect for the child under the Income Tax Assessment Act 1997 (Cwlth) , section 87 -60; or work that includes the supervision of other workers, whether or not the child is known as a supervisor, leading hand or other title; or participating or assisting in any business carried on for profit, whether or not the child receives payment or other reward for the child’s participation or assistance; or unpaid or voluntary work.\n(sec.8-ssec.2) Work does not include the following— domestic chores; collections work; work that is part of— work experience; or an apprenticeship; or a traineeship.\n(sec.8-ssec.3) However, for sections 8A to 8C , work , in relation to a child, includes work that is part of work experience, an apprenticeship or a traineeship.\n(sec.8-ssec.4) Also, for parts 2A and 2B , work , in relation to a child, includes employment that is part of an apprenticeship or a traineeship.\n- (a) work under a contract of service; or\n- (b) work under a contract, whether or not the contract is a contract of service, or at piecework rates, to perform work, for labour only or substantially for labour only; or\n- (c) work under a contract to perform work, whether or not the contract is a contract of service, unless the child— (i) is paid to achieve a stated result or outcome; and (ii) has to supply all, or substantially all, of the plant and equipment, or tools of trade, needed to perform the work; and (iii) is, or would be, liable for the cost of fixing a fault with the work performed; or\n- (i) is paid to achieve a stated result or outcome; and\n- (ii) has to supply all, or substantially all, of the plant and equipment, or tools of trade, needed to perform the work; and\n- (iii) is, or would be, liable for the cost of fixing a fault with the work performed; or\n- (d) work under a contract, whether or not the contract is a contract of service, to perform work, unless a personal services business determination is in effect for the child under the Income Tax Assessment Act 1997 (Cwlth) , section 87 -60; or\n- (e) work that includes the supervision of other workers, whether or not the child is known as a supervisor, leading hand or other title; or\n- (f) participating or assisting in any business carried on for profit, whether or not the child receives payment or other reward for the child’s participation or assistance; or\n- (g) unpaid or voluntary work.\n- (i) is paid to achieve a stated result or outcome; and\n- (ii) has to supply all, or substantially all, of the plant and equipment, or tools of trade, needed to perform the work; and\n- (iii) is, or would be, liable for the cost of fixing a fault with the work performed; or\n- (a) domestic chores;\n- (b) collections work;\n- (c) work that is part of— (i) work experience; or (ii) an apprenticeship; or (iii) a traineeship.\n- (i) work experience; or\n- (ii) an apprenticeship; or\n- (iii) a traineeship.\n- (i) work experience; or\n- (ii) an apprenticeship; or\n- (iii) a traineeship.","sortOrder":8},{"sectionNumber":"pt.2","sectionType":"part","heading":"Restrictions to safeguard working children","content":"# Restrictions to safeguard working children","sortOrder":9},{"sectionNumber":"sec.8A","sectionType":"section","heading":"Prohibition on nudity and sexually provocative clothing","content":"### sec.8A Prohibition on nudity and sexually provocative clothing\n\nAn employer must not require or permit a child to work—\nwhile the child is nude; or\nwhile the child is clothed or covered in another way so—\nthe child’s sexual organs or anus are visible; or\nif the child is a female who is at least 5 years—her breasts are visible.\nMaximum penalty—100 penalty units.\nThis provision is an executive liability provision—see section 33 .\nSubsection (1) does not apply to work in the entertainment industry if—\nthe child is under 12 months; and\na parent of the child, who is not the employer of the child, has given the employer written consent to whichever of the following is relevant—\nthe child working while the child is nude;\nthe child working while the child is clothed or covered in another way so the child’s sexual organs or anus are visible; and\na parent of the child is present while the child is working in either of the ways mentioned in subsection (1) .\nHowever, a consent for subsection (2) (b) (ii) need not cover all matters mentioned in the provision so long as all matters in the provision relevant to the work the child is to do are covered.\ns 8A ins 2007 No. 23 s 44\namd 2013 No. 51 s 229 sch 1\n(sec.8A-ssec.1) An employer must not require or permit a child to work— while the child is nude; or while the child is clothed or covered in another way so— the child’s sexual organs or anus are visible; or if the child is a female who is at least 5 years—her breasts are visible. Maximum penalty—100 penalty units. This provision is an executive liability provision—see section 33 .\n(sec.8A-ssec.2) Subsection (1) does not apply to work in the entertainment industry if— the child is under 12 months; and a parent of the child, who is not the employer of the child, has given the employer written consent to whichever of the following is relevant— the child working while the child is nude; the child working while the child is clothed or covered in another way so the child’s sexual organs or anus are visible; and a parent of the child is present while the child is working in either of the ways mentioned in subsection (1) .\n(sec.8A-ssec.3) However, a consent for subsection (2) (b) (ii) need not cover all matters mentioned in the provision so long as all matters in the provision relevant to the work the child is to do are covered.\n- (a) while the child is nude; or\n- (b) while the child is clothed or covered in another way so— (i) the child’s sexual organs or anus are visible; or (ii) if the child is a female who is at least 5 years—her breasts are visible.\n- (i) the child’s sexual organs or anus are visible; or\n- (ii) if the child is a female who is at least 5 years—her breasts are visible.\n- (i) the child’s sexual organs or anus are visible; or\n- (ii) if the child is a female who is at least 5 years—her breasts are visible.\n- (a) the child is under 12 months; and\n- (b) a parent of the child, who is not the employer of the child, has given the employer written consent to whichever of the following is relevant— (i) the child working while the child is nude; (ii) the child working while the child is clothed or covered in another way so the child’s sexual organs or anus are visible; and\n- (i) the child working while the child is nude;\n- (ii) the child working while the child is clothed or covered in another way so the child’s sexual organs or anus are visible; and\n- (c) a parent of the child is present while the child is working in either of the ways mentioned in subsection (1) .\n- (i) the child working while the child is nude;\n- (ii) the child working while the child is clothed or covered in another way so the child’s sexual organs or anus are visible; and","sortOrder":10},{"sectionNumber":"sec.8B","sectionType":"section","heading":"Prohibition on work as social escort","content":"### sec.8B Prohibition on work as social escort\n\nAn employer must not require or permit a child to work as a social escort.\nMaximum penalty—100 penalty units.\nThis provision is an executive liability provision—see section 33 .\nIn this section—\nhealth service see the Hospital and Health Boards Act 2011 , schedule 2 .\nsocial escort —\nmeans a person who, under an arrangement of a commercial character, is held out to the public for hire to—\naccompany another person to social affairs or to places of entertainment or amusement; or\nconsort with another person in any place, whether public or private; but\ndoes not include a person who provides the services mentioned in paragraph (a) as part of health services for the other person.\ns 8B ins 2010 No. 29 s 21\namd 2013 No. 51 s 229 sch 1 ; 2024 No. 23 s 36 sch 1\n(sec.8B-ssec.1) An employer must not require or permit a child to work as a social escort. Maximum penalty—100 penalty units. This provision is an executive liability provision—see section 33 .\n(sec.8B-ssec.2) In this section— health service see the Hospital and Health Boards Act 2011 , schedule 2 . social escort — means a person who, under an arrangement of a commercial character, is held out to the public for hire to— accompany another person to social affairs or to places of entertainment or amusement; or consort with another person in any place, whether public or private; but does not include a person who provides the services mentioned in paragraph (a) as part of health services for the other person.\n- (a) means a person who, under an arrangement of a commercial character, is held out to the public for hire to— (i) accompany another person to social affairs or to places of entertainment or amusement; or (ii) consort with another person in any place, whether public or private; but\n- (i) accompany another person to social affairs or to places of entertainment or amusement; or\n- (ii) consort with another person in any place, whether public or private; but\n- (b) does not include a person who provides the services mentioned in paragraph (a) as part of health services for the other person.\n- (i) accompany another person to social affairs or to places of entertainment or amusement; or\n- (ii) consort with another person in any place, whether public or private; but","sortOrder":11},{"sectionNumber":"sec.8C","sectionType":"section","heading":"Prohibition on inappropriate roles and situations","content":"### sec.8C Prohibition on inappropriate roles and situations\n\nAn employer must not require or permit a child to work in a role or situation that is inappropriate for the child, having regard to the child’s age, emotional and psychological development, maturity and sensitivity.\nMaximum penalty—100 penalty units.\nThis provision is an executive liability provision—see section 33 .\nWithout limiting subsection (1) , the child may not—\nbe exposed to scenes or situations that are likely to distress or embarrass the child; or\nbe made distressed to obtain a more realistic depiction of a particular emotional reaction; or\nperform an act of an explicit sexual nature or be present in an area while another person performs an act of an explicit sexual nature; or\nbe present while another person is—\nnude; or\nclothed or covered in another way so—\nthe person’s sexual organs or anus are visible; or\nif the person is a female who is at least 5 years—her breasts are visible.\nSubsection (2) (d) does not apply if—\nthe child is under 12 months; and\na parent of the child, who is not the employer of the child, has given the employer written consent to whichever of the following is relevant—\nthe child being present while the other person is nude;\nthe child being present while the other person is clothed or covered in another way so the person’s sexual organs or anus are visible;\nthe child being present while the other person is clothed or covered in another way so the person’s breasts are visible; and\na parent of the child is present while the child is present and the other person is as mentioned in subsection (2) (d) (i) or (ii) .\nHowever, a consent under subsection (3) (b) (ii) or (iii) need not cover all matters mentioned in the subsection so long as all matters in the subsection relevant to the work the child is to do are covered.\ns 8C ins 2013 No. 35 s 28\namd 2013 No. 51 s 229 sch 1\n(sec.8C-ssec.1) An employer must not require or permit a child to work in a role or situation that is inappropriate for the child, having regard to the child’s age, emotional and psychological development, maturity and sensitivity. Maximum penalty—100 penalty units. This provision is an executive liability provision—see section 33 .\n(sec.8C-ssec.2) Without limiting subsection (1) , the child may not— be exposed to scenes or situations that are likely to distress or embarrass the child; or be made distressed to obtain a more realistic depiction of a particular emotional reaction; or perform an act of an explicit sexual nature or be present in an area while another person performs an act of an explicit sexual nature; or be present while another person is— nude; or clothed or covered in another way so— the person’s sexual organs or anus are visible; or if the person is a female who is at least 5 years—her breasts are visible.\n(sec.8C-ssec.3) Subsection (2) (d) does not apply if— the child is under 12 months; and a parent of the child, who is not the employer of the child, has given the employer written consent to whichever of the following is relevant— the child being present while the other person is nude; the child being present while the other person is clothed or covered in another way so the person’s sexual organs or anus are visible; the child being present while the other person is clothed or covered in another way so the person’s breasts are visible; and a parent of the child is present while the child is present and the other person is as mentioned in subsection (2) (d) (i) or (ii) .\n(sec.8C-ssec.4) However, a consent under subsection (3) (b) (ii) or (iii) need not cover all matters mentioned in the subsection so long as all matters in the subsection relevant to the work the child is to do are covered.\n- (a) be exposed to scenes or situations that are likely to distress or embarrass the child; or\n- (b) be made distressed to obtain a more realistic depiction of a particular emotional reaction; or\n- (c) perform an act of an explicit sexual nature or be present in an area while another person performs an act of an explicit sexual nature; or\n- (d) be present while another person is— (i) nude; or (ii) clothed or covered in another way so— (A) the person’s sexual organs or anus are visible; or (B) if the person is a female who is at least 5 years—her breasts are visible.\n- (i) nude; or\n- (ii) clothed or covered in another way so— (A) the person’s sexual organs or anus are visible; or (B) if the person is a female who is at least 5 years—her breasts are visible.\n- (A) the person’s sexual organs or anus are visible; or\n- (B) if the person is a female who is at least 5 years—her breasts are visible.\n- (i) nude; or\n- (ii) clothed or covered in another way so— (A) the person’s sexual organs or anus are visible; or (B) if the person is a female who is at least 5 years—her breasts are visible.\n- (A) the person’s sexual organs or anus are visible; or\n- (B) if the person is a female who is at least 5 years—her breasts are visible.\n- (A) the person’s sexual organs or anus are visible; or\n- (B) if the person is a female who is at least 5 years—her breasts are visible.\n- (a) the child is under 12 months; and\n- (b) a parent of the child, who is not the employer of the child, has given the employer written consent to whichever of the following is relevant— (i) the child being present while the other person is nude; (ii) the child being present while the other person is clothed or covered in another way so the person’s sexual organs or anus are visible; (iii) the child being present while the other person is clothed or covered in another way so the person’s breasts are visible; and\n- (i) the child being present while the other person is nude;\n- (ii) the child being present while the other person is clothed or covered in another way so the person’s sexual organs or anus are visible;\n- (iii) the child being present while the other person is clothed or covered in another way so the person’s breasts are visible; and\n- (c) a parent of the child is present while the child is present and the other person is as mentioned in subsection (2) (d) (i) or (ii) .\n- (i) the child being present while the other person is nude;\n- (ii) the child being present while the other person is clothed or covered in another way so the person’s sexual organs or anus are visible;\n- (iii) the child being present while the other person is clothed or covered in another way so the person’s breasts are visible; and","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Other restrictions on work performed by children","content":"### sec.9 Other restrictions on work performed by children\n\nAn employer must not require or permit a child to do work prescribed under a regulation, unless—\nthe child is at least the age prescribed under the regulation to do the work; or\nit is work the child is permitted to do under the regulation.\nMaximum penalty—100 penalty units.\nThis provision is an executive liability provision—see section 33 .\nAn employer must not require or permit a child to work in a way a regulation states the child may not work.\nMaximum penalty—100 penalty units.\nThis provision is an executive liability provision—see section 33 .\nAn employer must not require or permit a child to work when a regulation states the child may not work.\nMaximum penalty—100 penalty units.\nThis provision is an executive liability provision—see section 33 .\nAn employer must not require or permit a child to work unless appropriately supervised by an adult.\nMaximum penalty—100 penalty units.\nThis provision is an executive liability provision—see section 33 .\nAn employer does not commit an offence against subsection (1) , (2) , (3) or (4) if the child is permitted or authorised under an Act or a special circumstances certificate to do the work, or to work in the way, or when, a regulation states the child may not work.\nAlso, an employer does not commit an offence against subsection (4) if, for a child or work prescribed under a regulation, the employer supervises the child in the way prescribed under the regulation for the work.\nSee the Education (General Provisions) Act 2006 , section 230 , for other provisions restricting a school-aged child’s ability to work.\nIn this section—\nan Act , in subsection (5) , does not include a federal award, federal agreement or industrial instrument, as defined under the Industrial Relations Act 2016 .\nThis definition displaces the application of the Acts Interpretation Act 1954 , section 7 to the extent of the instruments mentioned in the definition.\ns 9 amd 2006 No. 39 s 512 (1) sch 1 ; 2007 No. 23 s 45 ; 2013 No. 51 s 229 sch 1 ; 2016 No. 63 s 1157 sch 6\n(sec.9-ssec.1) An employer must not require or permit a child to do work prescribed under a regulation, unless— the child is at least the age prescribed under the regulation to do the work; or it is work the child is permitted to do under the regulation. Maximum penalty—100 penalty units. This provision is an executive liability provision—see section 33 .\n(sec.9-ssec.2) An employer must not require or permit a child to work in a way a regulation states the child may not work. Maximum penalty—100 penalty units. This provision is an executive liability provision—see section 33 .\n(sec.9-ssec.3) An employer must not require or permit a child to work when a regulation states the child may not work. Maximum penalty—100 penalty units. This provision is an executive liability provision—see section 33 .\n(sec.9-ssec.4) An employer must not require or permit a child to work unless appropriately supervised by an adult. Maximum penalty—100 penalty units. This provision is an executive liability provision—see section 33 .\n(sec.9-ssec.5) An employer does not commit an offence against subsection (1) , (2) , (3) or (4) if the child is permitted or authorised under an Act or a special circumstances certificate to do the work, or to work in the way, or when, a regulation states the child may not work.\n(sec.9-ssec.6) Also, an employer does not commit an offence against subsection (4) if, for a child or work prescribed under a regulation, the employer supervises the child in the way prescribed under the regulation for the work. See the Education (General Provisions) Act 2006 , section 230 , for other provisions restricting a school-aged child’s ability to work.\n(sec.9-ssec.7) In this section— an Act , in subsection (5) , does not include a federal award, federal agreement or industrial instrument, as defined under the Industrial Relations Act 2016 . This definition displaces the application of the Acts Interpretation Act 1954 , section 7 to the extent of the instruments mentioned in the definition.\n- (a) the child is at least the age prescribed under the regulation to do the work; or\n- (b) it is work the child is permitted to do under the regulation.","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Authority needed before school-aged or young children can work","content":"### sec.10 Authority needed before school-aged or young children can work\n\nAn employer must not require or permit a school-aged or young child to perform work unless the employer has—\na parent’s consent form for the school-aged or young child; or\nif the child is a school-aged child and does not have a parent’s consent form—a special circumstances certificate authorising the school-aged child to perform work when the school-aged child is not required to attend school.\nMaximum penalty—100 penalty units.\nThis provision is an executive liability provision—see section 33 .\nSubsection (1) does not apply if—\nthe employer is a parent of the school-aged or young child; or\nthe school-aged or young child started work for the employer before the commencement of this section.\nIn this section—\nparent’s consent form , for a school-aged or young child, means an approved form, signed by a parent of the school-aged or young child, that includes—\nthe school-aged or young child’s date of birth; and\nthe name of the school-aged or young child’s employer or proposed employer; and\na statement that the parent consents to the school-aged or young child performing work for the employer; and\nfor a school-aged child—information about when the school-aged child is required to attend school.\ns 10 amd 2013 No. 51 s 229 sch 1\n(sec.10-ssec.1) An employer must not require or permit a school-aged or young child to perform work unless the employer has— a parent’s consent form for the school-aged or young child; or if the child is a school-aged child and does not have a parent’s consent form—a special circumstances certificate authorising the school-aged child to perform work when the school-aged child is not required to attend school. Maximum penalty—100 penalty units. This provision is an executive liability provision—see section 33 .\n(sec.10-ssec.2) Subsection (1) does not apply if— the employer is a parent of the school-aged or young child; or the school-aged or young child started work for the employer before the commencement of this section.\n(sec.10-ssec.3) In this section— parent’s consent form , for a school-aged or young child, means an approved form, signed by a parent of the school-aged or young child, that includes— the school-aged or young child’s date of birth; and the name of the school-aged or young child’s employer or proposed employer; and a statement that the parent consents to the school-aged or young child performing work for the employer; and for a school-aged child—information about when the school-aged child is required to attend school.\n- (a) a parent’s consent form for the school-aged or young child; or\n- (b) if the child is a school-aged child and does not have a parent’s consent form—a special circumstances certificate authorising the school-aged child to perform work when the school-aged child is not required to attend school.\n- (a) the employer is a parent of the school-aged or young child; or\n- (b) the school-aged or young child started work for the employer before the commencement of this section.\n- (a) the school-aged or young child’s date of birth; and\n- (b) the name of the school-aged or young child’s employer or proposed employer; and\n- (c) a statement that the parent consents to the school-aged or young child performing work for the employer; and\n- (d) for a school-aged child—information about when the school-aged child is required to attend school.","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"School-aged children must not work during school hours","content":"### sec.11 School-aged children must not work during school hours\n\nAn employer must not require or permit a school-aged child to perform work when the school-aged child is required to attend school—\nas stated in the parent’s consent form; or\nif the school-aged child does not have a parent’s consent form and is authorised to work under a special circumstances certificate when the school-aged child is not required to attend school—as stated in the special circumstances certificate.\nMaximum penalty—100 penalty units.\nThis provision is an executive liability provision—see section 33 .\nA parent of a school-aged child who is performing work must, within 14 days after becoming aware of a change in the hours when the school-aged child is required to attend school, if the parent consents to the school-aged child continuing in the employment—\ncomplete a parent’s consent form; and\ngive the parent’s consent form to the school-aged child’s employer.\nA failure to comply with subsection (2) is not an offence against this Act. However, the Education (General Provisions) Act 2006 , section 230 , creates offences for parents, as defined under that Act, who permit a school-aged child to be employed when the child is required to attend school.\nSubsections (1) and (2) do not apply if the employer is a parent of the school-aged child.\nIt is enough for subsection (2) if 1 parent of the school-aged child who consents to the school-aged child continuing in the employment completes a parent’s consent form and gives it to the school-aged child’s employer.\ns 11 amd 2006 No. 39 s 512 (1) sch 1 ; 2013 No. 51 s 229 sch 1\n(sec.11-ssec.1) An employer must not require or permit a school-aged child to perform work when the school-aged child is required to attend school— as stated in the parent’s consent form; or if the school-aged child does not have a parent’s consent form and is authorised to work under a special circumstances certificate when the school-aged child is not required to attend school—as stated in the special circumstances certificate. Maximum penalty—100 penalty units. This provision is an executive liability provision—see section 33 .\n(sec.11-ssec.2) A parent of a school-aged child who is performing work must, within 14 days after becoming aware of a change in the hours when the school-aged child is required to attend school, if the parent consents to the school-aged child continuing in the employment— complete a parent’s consent form; and give the parent’s consent form to the school-aged child’s employer. A failure to comply with subsection (2) is not an offence against this Act. However, the Education (General Provisions) Act 2006 , section 230 , creates offences for parents, as defined under that Act, who permit a school-aged child to be employed when the child is required to attend school.\n(sec.11-ssec.3) Subsections (1) and (2) do not apply if the employer is a parent of the school-aged child.\n(sec.11-ssec.4) It is enough for subsection (2) if 1 parent of the school-aged child who consents to the school-aged child continuing in the employment completes a parent’s consent form and gives it to the school-aged child’s employer.\n- (a) as stated in the parent’s consent form; or\n- (b) if the school-aged child does not have a parent’s consent form and is authorised to work under a special circumstances certificate when the school-aged child is not required to attend school—as stated in the special circumstances certificate.\n- (a) complete a parent’s consent form; and\n- (b) give the parent’s consent form to the school-aged child’s employer.","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Chief executive may authorise a child to do particular work","content":"### sec.12 Chief executive may authorise a child to do particular work\n\nA child, or an adult on the child’s behalf, may apply to the chief executive, in writing, for a certificate under this section ( special circumstances certificate ) for the child.\nThe application must—\nstate, in enough detail to allow the chief executive to properly consider the application, what is sought to be authorised by the special circumstances certificate; and\nif the child is a school-aged child, state when the child is required to attend school; and\nbe supported by—\na parent of the child, unless the child does not have a parent or lives independently from his or her parents; and\nif the application is made by an adult—the child; and\nif the person making the application is not the child’s employer—the child’s employer or proposed employer; and\nthe information required under a regulation; and\nany other information the chief executive reasonably requires to decide the application.\nA special circumstances certificate may authorise—\na child—\nto do work a regulation states a child may not do; or\nto work in a way a regulation states a child may not work; or\nto work when a regulation states a child may not work; or\nto work without supervision by an adult; or\nif the child is a school-aged child who does not have a parent or lives independently from his or her parents—to work without having a parent’s consent form when the school-aged child is not required to attend school; or\nan employer to permit a child—\nto do work a regulation states a child may not do; or\nto work in a way a regulation states a child may not work; or\nto work when a regulation states a child may not work; or\nto work without supervision by an adult; or\nif the child is a school-aged child who does not have a parent or lives independently from his or her parents—to work without having a parent’s consent form when the school-aged child is not required to attend school.\nThe chief executive may grant a special circumstances certificate for a child only if the chief executive is satisfied, on reasonable grounds, that, having regard to the child’s particular circumstances, the work—\nwill not interfere with the child’s schooling; and\nwill not be harmful to the child’s health or safety or physical, mental, moral or social development.\nThe chief executive may impose conditions on the special circumstances certificate and may review the special circumstances certificate at any time the chief executive considers appropriate.\nA regulation may prescribe matters the chief executive must take into account when considering whether to grant a special circumstances certificate.\nAn employer who requires or permits a child to work in contravention of a special circumstances certificate granted for the child commits an offence.\nMaximum penalty for subsection (7) —100 penalty units.\nThis provision is an executive liability provision—see section 33 .\ns 12 amd 2013 No. 51 s 229 sch 1\n(sec.12-ssec.1) A child, or an adult on the child’s behalf, may apply to the chief executive, in writing, for a certificate under this section ( special circumstances certificate ) for the child.\n(sec.12-ssec.2) The application must— state, in enough detail to allow the chief executive to properly consider the application, what is sought to be authorised by the special circumstances certificate; and if the child is a school-aged child, state when the child is required to attend school; and be supported by— a parent of the child, unless the child does not have a parent or lives independently from his or her parents; and if the application is made by an adult—the child; and if the person making the application is not the child’s employer—the child’s employer or proposed employer; and the information required under a regulation; and any other information the chief executive reasonably requires to decide the application.\n(sec.12-ssec.3) A special circumstances certificate may authorise— a child— to do work a regulation states a child may not do; or to work in a way a regulation states a child may not work; or to work when a regulation states a child may not work; or to work without supervision by an adult; or if the child is a school-aged child who does not have a parent or lives independently from his or her parents—to work without having a parent’s consent form when the school-aged child is not required to attend school; or an employer to permit a child— to do work a regulation states a child may not do; or to work in a way a regulation states a child may not work; or to work when a regulation states a child may not work; or to work without supervision by an adult; or if the child is a school-aged child who does not have a parent or lives independently from his or her parents—to work without having a parent’s consent form when the school-aged child is not required to attend school.\n(sec.12-ssec.4) The chief executive may grant a special circumstances certificate for a child only if the chief executive is satisfied, on reasonable grounds, that, having regard to the child’s particular circumstances, the work— will not interfere with the child’s schooling; and will not be harmful to the child’s health or safety or physical, mental, moral or social development.\n(sec.12-ssec.5) The chief executive may impose conditions on the special circumstances certificate and may review the special circumstances certificate at any time the chief executive considers appropriate.\n(sec.12-ssec.6) A regulation may prescribe matters the chief executive must take into account when considering whether to grant a special circumstances certificate.\n(sec.12-ssec.7) An employer who requires or permits a child to work in contravention of a special circumstances certificate granted for the child commits an offence. Maximum penalty for subsection (7) —100 penalty units. This provision is an executive liability provision—see section 33 .\n- (a) state, in enough detail to allow the chief executive to properly consider the application, what is sought to be authorised by the special circumstances certificate; and\n- (b) if the child is a school-aged child, state when the child is required to attend school; and\n- (c) be supported by— (i) a parent of the child, unless the child does not have a parent or lives independently from his or her parents; and (ii) if the application is made by an adult—the child; and (iii) if the person making the application is not the child’s employer—the child’s employer or proposed employer; and (iv) the information required under a regulation; and (v) any other information the chief executive reasonably requires to decide the application.\n- (i) a parent of the child, unless the child does not have a parent or lives independently from his or her parents; and\n- (ii) if the application is made by an adult—the child; and\n- (iii) if the person making the application is not the child’s employer—the child’s employer or proposed employer; and\n- (iv) the information required under a regulation; and\n- (v) any other information the chief executive reasonably requires to decide the application.\n- (i) a parent of the child, unless the child does not have a parent or lives independently from his or her parents; and\n- (ii) if the application is made by an adult—the child; and\n- (iii) if the person making the application is not the child’s employer—the child’s employer or proposed employer; and\n- (iv) the information required under a regulation; and\n- (v) any other information the chief executive reasonably requires to decide the application.\n- (a) a child— (i) to do work a regulation states a child may not do; or (ii) to work in a way a regulation states a child may not work; or (iii) to work when a regulation states a child may not work; or (iv) to work without supervision by an adult; or (v) if the child is a school-aged child who does not have a parent or lives independently from his or her parents—to work without having a parent’s consent form when the school-aged child is not required to attend school; or\n- (i) to do work a regulation states a child may not do; or\n- (ii) to work in a way a regulation states a child may not work; or\n- (iii) to work when a regulation states a child may not work; or\n- (iv) to work without supervision by an adult; or\n- (v) if the child is a school-aged child who does not have a parent or lives independently from his or her parents—to work without having a parent’s consent form when the school-aged child is not required to attend school; or\n- (b) an employer to permit a child— (i) to do work a regulation states a child may not do; or (ii) to work in a way a regulation states a child may not work; or (iii) to work when a regulation states a child may not work; or (iv) to work without supervision by an adult; or (v) if the child is a school-aged child who does not have a parent or lives independently from his or her parents—to work without having a parent’s consent form when the school-aged child is not required to attend school.\n- (i) to do work a regulation states a child may not do; or\n- (ii) to work in a way a regulation states a child may not work; or\n- (iii) to work when a regulation states a child may not work; or\n- (iv) to work without supervision by an adult; or\n- (v) if the child is a school-aged child who does not have a parent or lives independently from his or her parents—to work without having a parent’s consent form when the school-aged child is not required to attend school.\n- (i) to do work a regulation states a child may not do; or\n- (ii) to work in a way a regulation states a child may not work; or\n- (iii) to work when a regulation states a child may not work; or\n- (iv) to work without supervision by an adult; or\n- (v) if the child is a school-aged child who does not have a parent or lives independently from his or her parents—to work without having a parent’s consent form when the school-aged child is not required to attend school; or\n- (i) to do work a regulation states a child may not do; or\n- (ii) to work in a way a regulation states a child may not work; or\n- (iii) to work when a regulation states a child may not work; or\n- (iv) to work without supervision by an adult; or\n- (v) if the child is a school-aged child who does not have a parent or lives independently from his or her parents—to work without having a parent’s consent form when the school-aged child is not required to attend school.\n- (a) will not interfere with the child’s schooling; and\n- (b) will not be harmful to the child’s health or safety or physical, mental, moral or social development.","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Chief executive may prohibit a child doing particular work or limit the work the child may do","content":"### sec.13 Chief executive may prohibit a child doing particular work or limit the work the child may do\n\nThe chief executive may issue a signed notice ( work limitation notice ) for a particular child or a particular employer.\nThe work limitation notice may—\nprohibit—\na child doing stated work for an employer or proposed employer the child would otherwise be permitted to do; or\nchildren doing stated work for a stated employer; or\nimpose limitations on work—\na child would otherwise be permitted to do for an employer or proposed employer; or\nchildren may do for a stated employer.\nThe chief executive may issue a work limitation notice if the chief executive reasonably believes work stated in the work limitation notice—\nmay interfere with the schooling of a child or children affected by the work limitation notice; or\nmay be harmful to the health or safety or physical, mental, moral or social development of a child or children affected by the work limitation notice.\nThe chief executive—\nmay issue a work limitation notice on application or on the chief executive’s own initiative; and\nmust give an issued work limitation notice to the employer or proposed employer affected by the work limitation notice.\nHowever, the chief executive must not issue a work limitation notice to an employer or proposed employer (the employer ) without first—\ngiving the employer written notice of the application or proposal to issue a work limitation notice; and\ninviting the employer to make a written submission about why the work limitation notice should not be issued.\nA written submission mentioned in subsection (5) must be given to the chief executive within 7 days after receiving the notice or the further time the chief executive allows.\nThe chief executive must consider a written submission made under subsection (6) .\nThe chief executive may review a work limitation notice at any time the chief executive considers appropriate.\nA regulation may prescribe matters the chief executive must take into account when considering whether to issue a work limitation notice.\nAn employer who requires or permits a child to work in contravention of a work limitation notice issued for the child or employer commits an offence.\nMaximum penalty for subsection (10) —100 penalty units.\nThis provision is an executive liability provision—see section 33 .\ns 13 amd 2013 No. 51 s 229 sch 1\n(sec.13-ssec.1) The chief executive may issue a signed notice ( work limitation notice ) for a particular child or a particular employer.\n(sec.13-ssec.2) The work limitation notice may— prohibit— a child doing stated work for an employer or proposed employer the child would otherwise be permitted to do; or children doing stated work for a stated employer; or impose limitations on work— a child would otherwise be permitted to do for an employer or proposed employer; or children may do for a stated employer.\n(sec.13-ssec.3) The chief executive may issue a work limitation notice if the chief executive reasonably believes work stated in the work limitation notice— may interfere with the schooling of a child or children affected by the work limitation notice; or may be harmful to the health or safety or physical, mental, moral or social development of a child or children affected by the work limitation notice.\n(sec.13-ssec.4) The chief executive— may issue a work limitation notice on application or on the chief executive’s own initiative; and must give an issued work limitation notice to the employer or proposed employer affected by the work limitation notice.\n(sec.13-ssec.5) However, the chief executive must not issue a work limitation notice to an employer or proposed employer (the employer ) without first— giving the employer written notice of the application or proposal to issue a work limitation notice; and inviting the employer to make a written submission about why the work limitation notice should not be issued.\n(sec.13-ssec.6) A written submission mentioned in subsection (5) must be given to the chief executive within 7 days after receiving the notice or the further time the chief executive allows.\n(sec.13-ssec.7) The chief executive must consider a written submission made under subsection (6) .\n(sec.13-ssec.8) The chief executive may review a work limitation notice at any time the chief executive considers appropriate.\n(sec.13-ssec.9) A regulation may prescribe matters the chief executive must take into account when considering whether to issue a work limitation notice.\n(sec.13-ssec.10) An employer who requires or permits a child to work in contravention of a work limitation notice issued for the child or employer commits an offence. Maximum penalty for subsection (10) —100 penalty units. This provision is an executive liability provision—see section 33 .\n- (a) prohibit— (i) a child doing stated work for an employer or proposed employer the child would otherwise be permitted to do; or (ii) children doing stated work for a stated employer; or\n- (i) a child doing stated work for an employer or proposed employer the child would otherwise be permitted to do; or\n- (ii) children doing stated work for a stated employer; or\n- (b) impose limitations on work— (i) a child would otherwise be permitted to do for an employer or proposed employer; or (ii) children may do for a stated employer.\n- (i) a child would otherwise be permitted to do for an employer or proposed employer; or\n- (ii) children may do for a stated employer.\n- (i) a child doing stated work for an employer or proposed employer the child would otherwise be permitted to do; or\n- (ii) children doing stated work for a stated employer; or\n- (i) a child would otherwise be permitted to do for an employer or proposed employer; or\n- (ii) children may do for a stated employer.\n- (a) may interfere with the schooling of a child or children affected by the work limitation notice; or\n- (b) may be harmful to the health or safety or physical, mental, moral or social development of a child or children affected by the work limitation notice.\n- (a) may issue a work limitation notice on application or on the chief executive’s own initiative; and\n- (b) must give an issued work limitation notice to the employer or proposed employer affected by the work limitation notice.\n- (a) giving the employer written notice of the application or proposal to issue a work limitation notice; and\n- (b) inviting the employer to make a written submission about why the work limitation notice should not be issued.","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Certificate or notice to be given or refusal advised","content":"### sec.14 Certificate or notice to be given or refusal advised\n\nIf the chief executive decides to grant a special circumstances certificate or to issue a work limitation notice, the chief executive must give an affected person a copy of the special circumstances certificate or the work limitation notice.\nIf the chief executive decides not to grant a special circumstances certificate, the chief executive must give an affected person written notice of the decision.\nIf the chief executive decides not to issue a work limitation notice after receiving an application to issue the work limitation notice, the chief executive must give written notice of the decision to any affected person who applied for its issue and the employer.\nIn this section—\naffected person means—\na child affected by the special circumstances certificate or work limitation notice; or\nif a parent of the child made the application—the parent; or\nthe child’s employer or proposed employer; or\nanother person who the chief executive reasonably believes has a sufficient interest in the matter.\n(sec.14-ssec.1) If the chief executive decides to grant a special circumstances certificate or to issue a work limitation notice, the chief executive must give an affected person a copy of the special circumstances certificate or the work limitation notice.\n(sec.14-ssec.2) If the chief executive decides not to grant a special circumstances certificate, the chief executive must give an affected person written notice of the decision.\n(sec.14-ssec.3) If the chief executive decides not to issue a work limitation notice after receiving an application to issue the work limitation notice, the chief executive must give written notice of the decision to any affected person who applied for its issue and the employer.\n(sec.14-ssec.4) In this section— affected person means— a child affected by the special circumstances certificate or work limitation notice; or if a parent of the child made the application—the parent; or the child’s employer or proposed employer; or another person who the chief executive reasonably believes has a sufficient interest in the matter.\n- (a) a child affected by the special circumstances certificate or work limitation notice; or\n- (b) if a parent of the child made the application—the parent; or\n- (c) the child’s employer or proposed employer; or\n- (d) another person who the chief executive reasonably believes has a sufficient interest in the matter.","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Chief executive to give reasons if asked","content":"### sec.15 Chief executive to give reasons if asked\n\nAn affected person may ask the chief executive for an information notice about the decision within 21 days after being given notice of the decision.","sortOrder":19},{"sectionNumber":"pt.2A","sectionType":"part","heading":"Minimum employment conditions for children","content":"# Minimum employment conditions for children","sortOrder":20},{"sectionNumber":"pt.2A-div.1","sectionType":"division","heading":"Employment conditions","content":"## Employment conditions","sortOrder":21},{"sectionNumber":"sec.15A","sectionType":"section","heading":"Application of pt 2A","content":"### sec.15A Application of pt 2A\n\nThis part applies to the employment of a child by a constitutional corporation if the child is employed under—\nan agreement under the Workplace Relations Act 1996 (Cwlth) entered into after 26 March 2006; or\nan arrangement entered into after 26 March 2006 that is not an agreement mentioned in paragraph (a) ; or\na preserved collective State agreement under the Workplace Relations Act 1996 (Cwlth) that has been terminated and not replaced by an agreement under the Workplace Relations Act 1996 (Cwlth) or an arrangement mentioned in paragraph (b) .\nHowever, this part applies to the employment of a child by a constitutional corporation only if—\na State award or order is in force that covers employees who perform similar work to that performed by the child but are not employed by a constitutional corporation; or\nentitlements or protections under the Industrial Relations Act 2016 , chapter 2 , part 3 and the provisions continued under section 1019 of that Act cover employees who perform similar work to that performed by the child but are not employed by a constitutional corporation.\nAlso, for this part, a child to whom subsection (1) (b) applies is taken to be employed under an arrangement.\ns 15A ins 2007 No. 23 s 46\namd 2013 No. 61 s 117 sch 1 pt 2 ; 2016 No. 63 s 1157 sch 6\n(sec.15A-ssec.1) This part applies to the employment of a child by a constitutional corporation if the child is employed under— an agreement under the Workplace Relations Act 1996 (Cwlth) entered into after 26 March 2006; or an arrangement entered into after 26 March 2006 that is not an agreement mentioned in paragraph (a) ; or a preserved collective State agreement under the Workplace Relations Act 1996 (Cwlth) that has been terminated and not replaced by an agreement under the Workplace Relations Act 1996 (Cwlth) or an arrangement mentioned in paragraph (b) .\n(sec.15A-ssec.2) However, this part applies to the employment of a child by a constitutional corporation only if— a State award or order is in force that covers employees who perform similar work to that performed by the child but are not employed by a constitutional corporation; or entitlements or protections under the Industrial Relations Act 2016 , chapter 2 , part 3 and the provisions continued under section 1019 of that Act cover employees who perform similar work to that performed by the child but are not employed by a constitutional corporation.\n(sec.15A-ssec.3) Also, for this part, a child to whom subsection (1) (b) applies is taken to be employed under an arrangement.\n- (a) an agreement under the Workplace Relations Act 1996 (Cwlth) entered into after 26 March 2006; or\n- (b) an arrangement entered into after 26 March 2006 that is not an agreement mentioned in paragraph (a) ; or\n- (c) a preserved collective State agreement under the Workplace Relations Act 1996 (Cwlth) that has been terminated and not replaced by an agreement under the Workplace Relations Act 1996 (Cwlth) or an arrangement mentioned in paragraph (b) .\n- (a) a State award or order is in force that covers employees who perform similar work to that performed by the child but are not employed by a constitutional corporation; or\n- (b) entitlements or protections under the Industrial Relations Act 2016 , chapter 2 , part 3 and the provisions continued under section 1019 of that Act cover employees who perform similar work to that performed by the child but are not employed by a constitutional corporation.","sortOrder":22},{"sectionNumber":"sec.15B","sectionType":"section","heading":"Employer to ensure child is not disadvantaged in relation to employment conditions","content":"### sec.15B Employer to ensure child is not disadvantaged in relation to employment conditions\n\nAn employer of a child to whose employment this part applies (an affected employer ) must ensure that the agreement or arrangement under which the child is employed does not disadvantage the child in relation to the child’s employment conditions.\nAn agreement or arrangement disadvantages a child in relation to the child’s employment conditions only if the agreement or arrangement reduces the child’s employment entitlements or protections.\nIn this section—\nemployment entitlements or protections , in relation to a child’s employment conditions, means the entitlements or protections that cover an employee performing similar work to that performed by the child under—\na State award or order; or\nthe Industrial Relations Act 2016 , chapter 2 , part 3 and the provisions continued under section 1019 of that Act.\ns 15B ins 2007 No. 23 s 46\namd 2013 No. 61 s 117 sch 1 pt 2 ; 2016 No. 63 s 1157 sch 6\n(sec.15B-ssec.1) An employer of a child to whose employment this part applies (an affected employer ) must ensure that the agreement or arrangement under which the child is employed does not disadvantage the child in relation to the child’s employment conditions.\n(sec.15B-ssec.2) An agreement or arrangement disadvantages a child in relation to the child’s employment conditions only if the agreement or arrangement reduces the child’s employment entitlements or protections.\n(sec.15B-ssec.3) In this section— employment entitlements or protections , in relation to a child’s employment conditions, means the entitlements or protections that cover an employee performing similar work to that performed by the child under— a State award or order; or the Industrial Relations Act 2016 , chapter 2 , part 3 and the provisions continued under section 1019 of that Act.\n- (a) a State award or order; or\n- (b) the Industrial Relations Act 2016 , chapter 2 , part 3 and the provisions continued under section 1019 of that Act.","sortOrder":23},{"sectionNumber":"sec.15C","sectionType":"section","heading":"Industrial commission may decide whether agreement or arrangement reduces child’s employment entitlements or protections for s 15B","content":"### sec.15C Industrial commission may decide whether agreement or arrangement reduces child’s employment entitlements or protections for s 15B\n\nOn the application of an inspector, or in a proceeding before the industrial commission under this part, including an appeal, the industrial commission may decide whether an agreement or arrangement reduces a child’s employment entitlements or protections.\nFor subsection (1) , the way the industrial commission decides whether an agreement or arrangement reduces a child’s employment entitlements or protections must be as nearly as possible the way it would decide the same question under the Industrial Relations Act 2016 , chapter 4 , part 5 , division 3 in a proceeding before the industrial commission under that Act.\nThe Industrial Relations Act 2016 , chapter 4 , part 5 , division 3 is about the no-disadvantage test under that Act.\ns 15C ins 2007 No. 23 s 46\namd 2011 No. 4 s 69 sch pt 1 ; 2016 No. 63 s 1157 sch 6\n(sec.15C-ssec.1) On the application of an inspector, or in a proceeding before the industrial commission under this part, including an appeal, the industrial commission may decide whether an agreement or arrangement reduces a child’s employment entitlements or protections.\n(sec.15C-ssec.2) For subsection (1) , the way the industrial commission decides whether an agreement or arrangement reduces a child’s employment entitlements or protections must be as nearly as possible the way it would decide the same question under the Industrial Relations Act 2016 , chapter 4 , part 5 , division 3 in a proceeding before the industrial commission under that Act. The Industrial Relations Act 2016 , chapter 4 , part 5 , division 3 is about the no-disadvantage test under that Act.","sortOrder":24},{"sectionNumber":"sec.15D","sectionType":"section","heading":"Affected employer to display State award or order at workplace","content":"### sec.15D Affected employer to display State award or order at workplace\n\nAn affected employer of a child must ensure a copy of a State award or order that is in force and covers employees performing similar work to that performed for the employer by the child is conspicuously displayed at the place where the child is employed.\nMaximum penalty—20 penalty units.\ns 15D ins 2007 No. 23 s 46","sortOrder":25},{"sectionNumber":"sec.15E","sectionType":"section","heading":"Record keeping","content":"### sec.15E Record keeping\n\nAn affected employer of a child must keep the same time and wages record for the child as the employer would be required under the Industrial Relations Act 2016 , section 339 to keep if that section applied to the employer in relation to the child’s employment.\nMaximum penalty—40 penalty units.\nThe affected employer must keep the record in the same way and for the same time as the employer would be required under the Industrial Relations Act 2016 , section 339 to keep the record.\nMaximum penalty—40 penalty units.\nAlso, an affected employer must, if the child asks, give the child a certificate of the same kind as an employer would be required to give an employee under the Industrial Relations Act 2016 , section 339 (5) if that section applied to the employer in relation to the child’s employment.\nMaximum penalty—40 penalty units.\nThis section does not limit section 39 (2) (d) .\ns 15E ins 2007 No. 23 s 46\namd 2016 No. 63 s 1157 sch 6\n(sec.15E-ssec.1) An affected employer of a child must keep the same time and wages record for the child as the employer would be required under the Industrial Relations Act 2016 , section 339 to keep if that section applied to the employer in relation to the child’s employment. Maximum penalty—40 penalty units.\n(sec.15E-ssec.2) The affected employer must keep the record in the same way and for the same time as the employer would be required under the Industrial Relations Act 2016 , section 339 to keep the record. Maximum penalty—40 penalty units.\n(sec.15E-ssec.3) Also, an affected employer must, if the child asks, give the child a certificate of the same kind as an employer would be required to give an employee under the Industrial Relations Act 2016 , section 339 (5) if that section applied to the employer in relation to the child’s employment. Maximum penalty—40 penalty units.\n(sec.15E-ssec.4) This section does not limit section 39 (2) (d) .","sortOrder":26},{"sectionNumber":"pt.2A-div.2","sectionType":"division","heading":"Compliance notices","content":"## Compliance notices","sortOrder":27},{"sectionNumber":"sec.15F","sectionType":"section","heading":"Issue of compliance notice","content":"### sec.15F Issue of compliance notice\n\nThis section applies if an inspector considers an affected employer—\nis contravening section 15B ; or\nhas contravened section 15B in circumstances that make it likely that the affected employer will continue to contravene that section or repeat the contravention.\nThe inspector may issue to the affected employer a notice ( compliance notice ) requiring the employer to remedy the contravention or the matters giving rise to the contravention within a stated period, of not less than 14 days, after the issue of the notice or the shorter period stated under subsection (4) .\nThe affected employer must comply with the compliance notice, unless the employer has a reasonable excuse.\nMaximum penalty—100 penalty units.\nFor subsection (2) , an inspector may state a period of less than 14 days after the issue of the compliance notice if the inspector is satisfied it is reasonably practicable for the employer to comply with the notice within the stated shorter period.\nThe compliance notice must—\nstate the inspector’s reasons for issuing the notice; and\ninclude information about the affected employer’s right to appeal against the issue of the notice or the terms of the notice to the industrial commission.\ns 15F ins 2007 No. 23 s 46\n(sec.15F-ssec.1) This section applies if an inspector considers an affected employer— is contravening section 15B ; or has contravened section 15B in circumstances that make it likely that the affected employer will continue to contravene that section or repeat the contravention.\n(sec.15F-ssec.2) The inspector may issue to the affected employer a notice ( compliance notice ) requiring the employer to remedy the contravention or the matters giving rise to the contravention within a stated period, of not less than 14 days, after the issue of the notice or the shorter period stated under subsection (4) .\n(sec.15F-ssec.3) The affected employer must comply with the compliance notice, unless the employer has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.15F-ssec.4) For subsection (2) , an inspector may state a period of less than 14 days after the issue of the compliance notice if the inspector is satisfied it is reasonably practicable for the employer to comply with the notice within the stated shorter period.\n(sec.15F-ssec.5) The compliance notice must— state the inspector’s reasons for issuing the notice; and include information about the affected employer’s right to appeal against the issue of the notice or the terms of the notice to the industrial commission.\n- (a) is contravening section 15B ; or\n- (b) has contravened section 15B in circumstances that make it likely that the affected employer will continue to contravene that section or repeat the contravention.\n- (a) state the inspector’s reasons for issuing the notice; and\n- (b) include information about the affected employer’s right to appeal against the issue of the notice or the terms of the notice to the industrial commission.","sortOrder":28},{"sectionNumber":"sec.15G","sectionType":"section","heading":"Compliance notice may include directions","content":"### sec.15G Compliance notice may include directions\n\nAn inspector may include in a compliance notice directions in relation to the steps an affected employer must take to remedy a contravention or a matter to which the notice relates or to otherwise comply with the notice.\nWithout limiting subsection (1) , a direction may require an affected employer to pay to a child an amount worked out by the inspector that would have been payable to the child under the Industrial Relations Act 2016 or a State award or order applying to the child’s employment if the employment was not covered by an agreement or arrangement to which this part applies.\nAlso, a direction may offer an affected employer a choice of ways in which the affected employer may remedy the contravention or matter or comply with the notice.\ns 15G ins 2007 No. 23 s 46\namd 2016 No. 63 s 1157 sch 6\n(sec.15G-ssec.1) An inspector may include in a compliance notice directions in relation to the steps an affected employer must take to remedy a contravention or a matter to which the notice relates or to otherwise comply with the notice.\n(sec.15G-ssec.2) Without limiting subsection (1) , a direction may require an affected employer to pay to a child an amount worked out by the inspector that would have been payable to the child under the Industrial Relations Act 2016 or a State award or order applying to the child’s employment if the employment was not covered by an agreement or arrangement to which this part applies.\n(sec.15G-ssec.3) Also, a direction may offer an affected employer a choice of ways in which the affected employer may remedy the contravention or matter or comply with the notice.","sortOrder":29},{"sectionNumber":"sec.15H","sectionType":"section","heading":"Withdrawal of compliance notice","content":"### sec.15H Withdrawal of compliance notice\n\nIf, at any time, the inspector who issued a compliance notice to an affected employer or another inspector authorised by the chief executive for the purpose (both the appropriate inspector ) is satisfied the compliance notice was issued in error or was incorrect, the appropriate inspector may withdraw the compliance notice by signed notice given to the affected employer.\nThe withdrawal has effect when notice of the withdrawal is given to the affected employer.\ns 15H ins 2007 No. 23 s 46\n(sec.15H-ssec.1) If, at any time, the inspector who issued a compliance notice to an affected employer or another inspector authorised by the chief executive for the purpose (both the appropriate inspector ) is satisfied the compliance notice was issued in error or was incorrect, the appropriate inspector may withdraw the compliance notice by signed notice given to the affected employer.\n(sec.15H-ssec.2) The withdrawal has effect when notice of the withdrawal is given to the affected employer.","sortOrder":30},{"sectionNumber":"sec.15I","sectionType":"section","heading":"Industrial magistrate’s powers in proceeding for compliance notice offence","content":"### sec.15I Industrial magistrate’s powers in proceeding for compliance notice offence\n\nThis section applies in relation to a proceeding against an affected employer for a charge of a compliance notice offence.\nIf an industrial magistrate finds the affected employer guilty of the compliance notice offence, the industrial magistrate may, in addition to any penalty that may be imposed for the offence, order the affected employer to pay to each affected child the compliance notice amount for the child or the amount the industrial magistrate considers appropriate for the child.\nSubsection (2) applies whether there is a finding of guilt or the acceptance of a plea of guilty in relation to the compliance notice offence and whether or not a conviction is recorded for the offence.\nHowever, if the industrial magistrate does not find the affected employer guilty of the compliance notice offence but, on the balance of probabilities, is satisfied the affected employer should be required to pay an amount to each affected child, the industrial magistrate may order the affected employer to pay to each affected child the compliance notice amount for the child or the amount the industrial magistrate considers appropriate for the child.\nThe industrial magistrate may make the order despite any express or implied provision of an agreement and on the terms the industrial magistrate considers appropriate.\nWithout limiting the powers of an industrial magistrate in a proceeding for a compliance notice offence, the industrial magistrate may, before making an order against an affected employer under this section, order that an inspector make an application under section 15N and adjourn the proceeding until a date fixed by the court or a date to be fixed without making a finding of guilt against the employer.\nIf the industrial commission makes an order of the kind mentioned in section 15O (2) or (3) on an application under section 15N , the industrial magistrate must not make an order under subsection (4) .\nIn this section—\naffected child , in relation to a compliance notice, means a child who is covered by an agreement or arrangement that is the subject of the compliance notice.\ncompliance notice amount means the amount stated in a direction in a compliance notice as the amount an affected employer must pay to a child.\ncompliance notice offence means an offence against section 15F (3) .\ns 15I ins 2007 No. 23 s 46\n(sec.15I-ssec.1) This section applies in relation to a proceeding against an affected employer for a charge of a compliance notice offence.\n(sec.15I-ssec.2) If an industrial magistrate finds the affected employer guilty of the compliance notice offence, the industrial magistrate may, in addition to any penalty that may be imposed for the offence, order the affected employer to pay to each affected child the compliance notice amount for the child or the amount the industrial magistrate considers appropriate for the child.\n(sec.15I-ssec.3) Subsection (2) applies whether there is a finding of guilt or the acceptance of a plea of guilty in relation to the compliance notice offence and whether or not a conviction is recorded for the offence.\n(sec.15I-ssec.4) However, if the industrial magistrate does not find the affected employer guilty of the compliance notice offence but, on the balance of probabilities, is satisfied the affected employer should be required to pay an amount to each affected child, the industrial magistrate may order the affected employer to pay to each affected child the compliance notice amount for the child or the amount the industrial magistrate considers appropriate for the child.\n(sec.15I-ssec.5) The industrial magistrate may make the order despite any express or implied provision of an agreement and on the terms the industrial magistrate considers appropriate.\n(sec.15I-ssec.6) Without limiting the powers of an industrial magistrate in a proceeding for a compliance notice offence, the industrial magistrate may, before making an order against an affected employer under this section, order that an inspector make an application under section 15N and adjourn the proceeding until a date fixed by the court or a date to be fixed without making a finding of guilt against the employer.\n(sec.15I-ssec.7) If the industrial commission makes an order of the kind mentioned in section 15O (2) or (3) on an application under section 15N , the industrial magistrate must not make an order under subsection (4) .\n(sec.15I-ssec.8) In this section— affected child , in relation to a compliance notice, means a child who is covered by an agreement or arrangement that is the subject of the compliance notice. compliance notice amount means the amount stated in a direction in a compliance notice as the amount an affected employer must pay to a child. compliance notice offence means an offence against section 15F (3) .","sortOrder":31},{"sectionNumber":"sec.15J","sectionType":"section","heading":"Appeals","content":"### sec.15J Appeals\n\nAn affected employer to whom a compliance notice is issued may appeal against the issue of the notice or the terms of the notice to the industrial commission.\nThe procedures for the appeal must be as nearly as possible the same procedures as the procedures for an appeal under the Industrial Relations Act 2016 , chapter 11 , part 6 .\nIn particular, the appeal—\nmust be started within 21 days after the person is given the compliance notice; and\ndoes not stay the operation of the notice appealed against unless the industrial commission otherwise orders.\nHowever, the industrial commission may extend the time for starting an appeal.\nA defect in the compliance notice does not affect an affected employer’s right to appeal against the issue of the compliance notice or the terms of the notice.\ns 15J ins 2007 No. 23 s 46\namd 2016 No. 63 s 1157 sch 6\n(sec.15J-ssec.1) An affected employer to whom a compliance notice is issued may appeal against the issue of the notice or the terms of the notice to the industrial commission.\n(sec.15J-ssec.2) The procedures for the appeal must be as nearly as possible the same procedures as the procedures for an appeal under the Industrial Relations Act 2016 , chapter 11 , part 6 .\n(sec.15J-ssec.3) In particular, the appeal— must be started within 21 days after the person is given the compliance notice; and does not stay the operation of the notice appealed against unless the industrial commission otherwise orders.\n(sec.15J-ssec.4) However, the industrial commission may extend the time for starting an appeal.\n(sec.15J-ssec.5) A defect in the compliance notice does not affect an affected employer’s right to appeal against the issue of the compliance notice or the terms of the notice.\n- (a) must be started within 21 days after the person is given the compliance notice; and\n- (b) does not stay the operation of the notice appealed against unless the industrial commission otherwise orders.","sortOrder":32},{"sectionNumber":"sec.15K","sectionType":"section","heading":"Decision on appeal","content":"### sec.15K Decision on appeal\n\nThe industrial commission may—\nconfirm the compliance notice appealed against; or\nallow the appeal and vary the compliance notice in the way the commission considers appropriate; or\nallow the appeal and revoke the compliance notice.\nFor deciding the appeal, the powers of the industrial commission under this part are—\nthe same powers as the industrial commission has in relation to any proceeding for an appeal started under the Industrial Relations Act 2016 ; and\nthe powers an inspector has under this part.\nAlso, if, the industrial commission confirms a compliance notice, it may, in the same proceeding, decide any application under section 15N for orders in relation to the contravention to which the compliance notice relates.\ns 15K ins 2007 No. 23 s 46\namd 2016 No. 63 s 1157 sch 6\n(sec.15K-ssec.1) The industrial commission may— confirm the compliance notice appealed against; or allow the appeal and vary the compliance notice in the way the commission considers appropriate; or allow the appeal and revoke the compliance notice.\n(sec.15K-ssec.2) For deciding the appeal, the powers of the industrial commission under this part are— the same powers as the industrial commission has in relation to any proceeding for an appeal started under the Industrial Relations Act 2016 ; and the powers an inspector has under this part.\n(sec.15K-ssec.3) Also, if, the industrial commission confirms a compliance notice, it may, in the same proceeding, decide any application under section 15N for orders in relation to the contravention to which the compliance notice relates.\n- (a) confirm the compliance notice appealed against; or\n- (b) allow the appeal and vary the compliance notice in the way the commission considers appropriate; or\n- (c) allow the appeal and revoke the compliance notice.\n- (a) the same powers as the industrial commission has in relation to any proceeding for an appeal started under the Industrial Relations Act 2016 ; and\n- (b) the powers an inspector has under this part.","sortOrder":33},{"sectionNumber":"sec.15L","sectionType":"section","heading":"Revocation or withdrawal of compliance notice does not prevent issue of another notice","content":"### sec.15L Revocation or withdrawal of compliance notice does not prevent issue of another notice\n\nThe revocation or withdrawal of a compliance notice issued to an affected employer does not prevent an inspector from issuing another compliance notice to the affected employer.\ns 15L ins 2007 No. 23 s 46","sortOrder":34},{"sectionNumber":"sec.15M","sectionType":"section","heading":"Proceedings for offence not affected by compliance notice","content":"### sec.15M Proceedings for offence not affected by compliance notice\n\nThe issue, variation, revocation or withdrawal of a compliance notice does not affect any proceeding for an offence against this Act or for the recovery of an amount in connection with a matter for which the notice was issued.\ns 15M ins 2007 No. 23 s 46","sortOrder":35},{"sectionNumber":"sec.15N","sectionType":"section","heading":"Inspector may apply to industrial commission in relation to contravention","content":"### sec.15N Inspector may apply to industrial commission in relation to contravention\n\nAn inspector may apply to the industrial commission for a decision whether an affected employer—\nis contravening section 15B ; or\nhas contravened section 15B in circumstances that make it likely that the affected employer will continue to contravene that section or repeat the contravention.\nThe application may be made whether or not a compliance notice has been issued to the affected employer.\nIf the application is made because of non-compliance with a compliance notice and relates to a direction in the notice to pay a child an amount, the application must be made within 6 years after the amount became payable.\nHowever, the application can not relate to an amount payable before 27 March 2006.\ns 15N ins 2007 No. 23 s 46\n(sec.15N-ssec.1) An inspector may apply to the industrial commission for a decision whether an affected employer— is contravening section 15B ; or has contravened section 15B in circumstances that make it likely that the affected employer will continue to contravene that section or repeat the contravention.\n(sec.15N-ssec.2) The application may be made whether or not a compliance notice has been issued to the affected employer.\n(sec.15N-ssec.3) If the application is made because of non-compliance with a compliance notice and relates to a direction in the notice to pay a child an amount, the application must be made within 6 years after the amount became payable.\n(sec.15N-ssec.4) However, the application can not relate to an amount payable before 27 March 2006.\n- (a) is contravening section 15B ; or\n- (b) has contravened section 15B in circumstances that make it likely that the affected employer will continue to contravene that section or repeat the contravention.","sortOrder":36},{"sectionNumber":"sec.15O","sectionType":"section","heading":"Consideration of s 15N application","content":"### sec.15O Consideration of s 15N application\n\nThis section applies if, after considering an application under section 15N , the industrial commission decides the affected employer is contravening or has contravened section 15B .\nThe industrial commission may order the affected employer to remedy the contravention or the matter of the contravention as required under the compliance notice or in another way.\nAlso, if the matter of the non-compliance relates to a direction in a compliance notice to pay a child a stated amount, the industrial commission must make an order of the kind mentioned in the Industrial Relations Act 2016 , section 477(1)(a) .\nThe industrial commission may make an order under subsection (3) despite any express or implied provision of an agreement to the contrary and may order the payment to be made on the terms the industrial commission considers appropriate.\nTo the extent an order made under subsection (3) relates to contributions to a superannuation fund, the industrial commission may, in the order, require the contributions to be paid in the same way as it could if the order was made under the Industrial Relations Act 2016 , section 477 (2) on an application of a kind mentioned in section 476 of that Act.\nIf the order includes a requirement about superannuation contributions and either of the following applies, the contributions must be paid to the unclaimed moneys fund—\nthe child can not be located after reasonable inquiry;\nafter being required to do so, the child does not nominate a superannuation fund for the purposes of the order.\ns 15O ins 2007 No. 23 s 46\namd 2010 No. 42 s 214 sch ; 2016 No. 63 s 1157 sch 6\n(sec.15O-ssec.1) This section applies if, after considering an application under section 15N , the industrial commission decides the affected employer is contravening or has contravened section 15B .\n(sec.15O-ssec.2) The industrial commission may order the affected employer to remedy the contravention or the matter of the contravention as required under the compliance notice or in another way.\n(sec.15O-ssec.3) Also, if the matter of the non-compliance relates to a direction in a compliance notice to pay a child a stated amount, the industrial commission must make an order of the kind mentioned in the Industrial Relations Act 2016 , section 477(1)(a) .\n(sec.15O-ssec.4) The industrial commission may make an order under subsection (3) despite any express or implied provision of an agreement to the contrary and may order the payment to be made on the terms the industrial commission considers appropriate.\n(sec.15O-ssec.5) To the extent an order made under subsection (3) relates to contributions to a superannuation fund, the industrial commission may, in the order, require the contributions to be paid in the same way as it could if the order was made under the Industrial Relations Act 2016 , section 477 (2) on an application of a kind mentioned in section 476 of that Act.\n(sec.15O-ssec.6) If the order includes a requirement about superannuation contributions and either of the following applies, the contributions must be paid to the unclaimed moneys fund— the child can not be located after reasonable inquiry; after being required to do so, the child does not nominate a superannuation fund for the purposes of the order.\n- (a) the child can not be located after reasonable inquiry;\n- (b) after being required to do so, the child does not nominate a superannuation fund for the purposes of the order.","sortOrder":37},{"sectionNumber":"pt.2B","sectionType":"part","heading":"Dismissal of children by constitutional corporation","content":"# Dismissal of children by constitutional corporation","sortOrder":38},{"sectionNumber":"sec.15P","sectionType":"section","heading":"Dismissal by constitutional corporation","content":"### sec.15P Dismissal by constitutional corporation\n\nThis section applies in relation to a dismissal of a child from employment by a constitutional corporation on or after the introduction day (a relevant dismissal ).\nHowever, this section applies to a relevant dismissal only if it is a dismissal of a kind that could be the subject of an application under the Industrial Relations Act 2016 , chapter 8 , part 2 (the dismissal provisions ) if the employer of the child were not a constitutional corporation.\nA person who alleges that a child has been dismissed and that the dismissal is a relevant dismissal may apply to the industrial commission or an industrial magistrate under this Act for an order of a kind that may be made under the dismissal provisions.\nThe industrial commission or industrial magistrate—\nmust consider the application in the same way as it would consider an application made to it under the dismissal provisions; and\nmay make the same kinds of orders in relation to the application as it could make if the application were an application under the dismissal provisions.\nFor this section, a reference in the dismissal provisions to—\nemployment is taken to be a reference to employment of a child by a constitutional corporation; or\nan employer is taken to be a reference to an employer who is a constitutional corporation; or\nan employee is taken to be a reference to a child who is employed by a constitutional corporation; or\na proceeding under chapter 8 , part 2 is taken to be a reference to a proceeding under chapter 8 , part 2 as applied by this section.\nIn this section—\nintroduction day means the day the Bill for the Industrial Relations Act and Other Legislation Amendment Act 2007 was introduced into the Legislative Assembly.\ns 15P ins 2007 No. 23 s 46\namd 2016 No. 63 s 1157 sch 6\n(sec.15P-ssec.1) This section applies in relation to a dismissal of a child from employment by a constitutional corporation on or after the introduction day (a relevant dismissal ).\n(sec.15P-ssec.2) However, this section applies to a relevant dismissal only if it is a dismissal of a kind that could be the subject of an application under the Industrial Relations Act 2016 , chapter 8 , part 2 (the dismissal provisions ) if the employer of the child were not a constitutional corporation.\n(sec.15P-ssec.3) A person who alleges that a child has been dismissed and that the dismissal is a relevant dismissal may apply to the industrial commission or an industrial magistrate under this Act for an order of a kind that may be made under the dismissal provisions.\n(sec.15P-ssec.4) The industrial commission or industrial magistrate— must consider the application in the same way as it would consider an application made to it under the dismissal provisions; and may make the same kinds of orders in relation to the application as it could make if the application were an application under the dismissal provisions.\n(sec.15P-ssec.5) For this section, a reference in the dismissal provisions to— employment is taken to be a reference to employment of a child by a constitutional corporation; or an employer is taken to be a reference to an employer who is a constitutional corporation; or an employee is taken to be a reference to a child who is employed by a constitutional corporation; or a proceeding under chapter 8 , part 2 is taken to be a reference to a proceeding under chapter 8 , part 2 as applied by this section.\n(sec.15P-ssec.6) In this section— introduction day means the day the Bill for the Industrial Relations Act and Other Legislation Amendment Act 2007 was introduced into the Legislative Assembly.\n- (a) must consider the application in the same way as it would consider an application made to it under the dismissal provisions; and\n- (b) may make the same kinds of orders in relation to the application as it could make if the application were an application under the dismissal provisions.\n- (a) employment is taken to be a reference to employment of a child by a constitutional corporation; or\n- (b) an employer is taken to be a reference to an employer who is a constitutional corporation; or\n- (c) an employee is taken to be a reference to a child who is employed by a constitutional corporation; or\n- (d) a proceeding under chapter 8 , part 2 is taken to be a reference to a proceeding under chapter 8 , part 2 as applied by this section.","sortOrder":39},{"sectionNumber":"pt.3","sectionType":"part","heading":"Enforcement","content":"# Enforcement","sortOrder":40},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Functions of inspector","content":"## Functions of inspector","sortOrder":41},{"sectionNumber":"sec.16","sectionType":"section","heading":"Inspector’s functions","content":"### sec.16 Inspector’s functions\n\nAn inspector’s functions are—\nto monitor compliance with this Act; and\nto investigate and, when necessary, take action to deal with alleged contraventions of this Act; and\nto inform children, parents and employers of their rights and obligations under this Act.\n- (a) to monitor compliance with this Act; and\n- (b) to investigate and, when necessary, take action to deal with alleged contraventions of this Act; and\n- (c) to inform children, parents and employers of their rights and obligations under this Act.","sortOrder":42},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Powers of inspectors","content":"## Powers of inspectors","sortOrder":43},{"sectionNumber":"sec.17","sectionType":"section","heading":"Inspector’s powers","content":"### sec.17 Inspector’s powers\n\nWhen performing functions under this Act, an inspector has all the powers of an inspector under the Industrial Relations Act 2016 .\nAn inspector also has the powers stated in this division.\ns 17 amd 2016 No. 63 s 1157 sch 6\n(sec.17-ssec.1) When performing functions under this Act, an inspector has all the powers of an inspector under the Industrial Relations Act 2016 .\n(sec.17-ssec.2) An inspector also has the powers stated in this division.","sortOrder":44},{"sectionNumber":"sec.18","sectionType":"section","heading":"Power to seize evidence","content":"### sec.18 Power to seize evidence\n\nAn inspector may seize a thing at a workplace the inspector enters under this part or the Industrial Relations Act 2016 if the inspector reasonably believes—\nthe thing is evidence of an offence against this Act; and\nthe seizure is necessary to prevent the thing being hidden, lost or destroyed or used to continue or repeat the offence.\nAlso, an inspector may seize a thing at a workplace the inspector enters under this part or the Industrial Relations Act 2016 if the inspector reasonably believes the thing has just been used in committing an offence against this Act.\ns 18 amd 2016 No. 63 s 1157 sch 6\n(sec.18-ssec.1) An inspector may seize a thing at a workplace the inspector enters under this part or the Industrial Relations Act 2016 if the inspector reasonably believes— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being hidden, lost or destroyed or used to continue or repeat the offence.\n(sec.18-ssec.2) Also, an inspector may seize a thing at a workplace the inspector enters under this part or the Industrial Relations Act 2016 if the inspector reasonably believes the thing has just been used in committing an offence against this Act.\n- (a) the thing is evidence of an offence against this Act; and\n- (b) the seizure is necessary to prevent the thing being hidden, lost or destroyed or used to continue or repeat the offence.","sortOrder":45},{"sectionNumber":"sec.19","sectionType":"section","heading":"Securing seized things","content":"### sec.19 Securing seized things\n\nHaving seized a thing, an inspector may—\nmove the thing from the workplace where it was seized (the place of seizure ); or\nleave the thing at the place of seizure but take reasonable action to restrict access to it.\nsealing a thing and marking it to show access to it is restricted\nsealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted\n- (a) move the thing from the workplace where it was seized (the place of seizure ); or\n- (b) leave the thing at the place of seizure but take reasonable action to restrict access to it. Examples of restricting access to a thing— • sealing a thing and marking it to show access to it is restricted • sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted\n- • sealing a thing and marking it to show access to it is restricted\n- • sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted\n- • sealing a thing and marking it to show access to it is restricted\n- • sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted","sortOrder":46},{"sectionNumber":"sec.20","sectionType":"section","heading":"Tampering with seized things","content":"### sec.20 Tampering with seized things\n\nIf an inspector restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing or something restricting access to the thing without an inspector’s approval.\nMaximum penalty—40 penalty units.","sortOrder":47},{"sectionNumber":"sec.21","sectionType":"section","heading":"Receipt for seized thing","content":"### sec.21 Receipt for seized thing\n\nAs soon as practicable after an inspector seizes a thing, the inspector must give a receipt for it to the person from whom it was seized.\nHowever, if for any reason it is not practicable to comply with subsection (1) , the inspector must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\nThe receipt must describe generally the thing seized and its condition.\nThis section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt, given the thing’s nature, condition and value.\n(sec.21-ssec.1) As soon as practicable after an inspector seizes a thing, the inspector must give a receipt for it to the person from whom it was seized.\n(sec.21-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) , the inspector must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\n(sec.21-ssec.3) The receipt must describe generally the thing seized and its condition.\n(sec.21-ssec.4) This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt, given the thing’s nature, condition and value.","sortOrder":48},{"sectionNumber":"sec.22","sectionType":"section","heading":"Forfeiture of seized thing","content":"### sec.22 Forfeiture of seized thing\n\nA seized thing is forfeited to the State if the inspector who seized the thing—\ncan not find its owner, after making reasonable inquiries; or\ncan not return it to its owner, after making reasonable efforts; or\nreasonably believes it is necessary to keep the thing to prevent it being used to commit an offence against this Act.\nSubsection (1) (a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner.\nSubsection (1) (b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\nIf the inspector decides to forfeit a thing under subsection (1) (c) , the inspector must tell the owner of the decision and the reasons for the decision by written notice.\nSubsection (4) does not apply if—\nthe inspector can not find its owner, after making reasonable inquiries; or\nit is impracticable or would be unreasonable to give the notice.\nRegard must be had to a thing’s nature, condition and value in deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.\n(sec.22-ssec.1) A seized thing is forfeited to the State if the inspector who seized the thing— can not find its owner, after making reasonable inquiries; or can not return it to its owner, after making reasonable efforts; or reasonably believes it is necessary to keep the thing to prevent it being used to commit an offence against this Act.\n(sec.22-ssec.2) Subsection (1) (a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner.\n(sec.22-ssec.3) Subsection (1) (b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\n(sec.22-ssec.4) If the inspector decides to forfeit a thing under subsection (1) (c) , the inspector must tell the owner of the decision and the reasons for the decision by written notice.\n(sec.22-ssec.5) Subsection (4) does not apply if— the inspector can not find its owner, after making reasonable inquiries; or it is impracticable or would be unreasonable to give the notice.\n(sec.22-ssec.6) Regard must be had to a thing’s nature, condition and value in deciding— whether it is reasonable to make inquiries or efforts; and if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.\n- (a) can not find its owner, after making reasonable inquiries; or\n- (b) can not return it to its owner, after making reasonable efforts; or\n- (c) reasonably believes it is necessary to keep the thing to prevent it being used to commit an offence against this Act.\n- (a) the inspector can not find its owner, after making reasonable inquiries; or\n- (b) it is impracticable or would be unreasonable to give the notice.\n- (a) whether it is reasonable to make inquiries or efforts; and\n- (b) if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.","sortOrder":49},{"sectionNumber":"sec.23","sectionType":"section","heading":"Return of seized thing","content":"### sec.23 Return of seized thing\n\nIf a seized thing has not been forfeited, the inspector must return it to its owner—\nat the end of 6 months; or\nif a proceeding for an offence involving it is started within 6 months, at the end of the proceeding and any appeal from the proceeding.\nHowever, unless the thing has been forfeited, the inspector must immediately return a thing seized as evidence to its owner if the inspector stops being satisfied its continued retention as evidence is necessary.\n(sec.23-ssec.1) If a seized thing has not been forfeited, the inspector must return it to its owner— at the end of 6 months; or if a proceeding for an offence involving it is started within 6 months, at the end of the proceeding and any appeal from the proceeding.\n(sec.23-ssec.2) However, unless the thing has been forfeited, the inspector must immediately return a thing seized as evidence to its owner if the inspector stops being satisfied its continued retention as evidence is necessary.\n- (a) at the end of 6 months; or\n- (b) if a proceeding for an offence involving it is started within 6 months, at the end of the proceeding and any appeal from the proceeding.","sortOrder":50},{"sectionNumber":"sec.24","sectionType":"section","heading":"Access to seized thing","content":"### sec.24 Access to seized thing\n\nUntil a seized thing is forfeited or returned, an inspector must allow its owner to inspect it and, if it is a document, to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n(sec.24-ssec.1) Until a seized thing is forfeited or returned, an inspector must allow its owner to inspect it and, if it is a document, to copy it.\n(sec.24-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.","sortOrder":51},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Proceedings","content":"## Proceedings","sortOrder":52},{"sectionNumber":"sec.25","sectionType":"section","heading":"Proceedings for offences","content":"### sec.25 Proceedings for offences\n\nA prosecution for an offence against this Act must be by way of summary proceedings before an industrial magistrate.\nA prosecution for an offence against this Act must be commenced within the later of the following—\n1 year after the offence is committed;\n6 months after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\nThe Industrial Relations Act 2016 applies, with necessary changes, in relation to a proceeding before an industrial magistrate for a charge of an offence against this Act.\nUnder the Acts Interpretation Act 1954 , section 7 , in an Act, a reference to an Act includes a reference to the statutory instruments made or in force under the Act .\ns 25 amd 2016 No. 63 s 1157 sch 6\n(sec.25-ssec.1) A prosecution for an offence against this Act must be by way of summary proceedings before an industrial magistrate.\n(sec.25-ssec.2) A prosecution for an offence against this Act must be commenced within the later of the following— 1 year after the offence is committed; 6 months after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n(sec.25-ssec.3) The Industrial Relations Act 2016 applies, with necessary changes, in relation to a proceeding before an industrial magistrate for a charge of an offence against this Act. Under the Acts Interpretation Act 1954 , section 7 , in an Act, a reference to an Act includes a reference to the statutory instruments made or in force under the Act .\n- (a) 1 year after the offence is committed;\n- (b) 6 months after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.","sortOrder":53},{"sectionNumber":"sec.26","sectionType":"section","heading":"Evidentiary provisions","content":"### sec.26 Evidentiary provisions\n\nIn a proceeding under this Act—\nthe appointment as inspector of a person claiming to be, or stated to be, an inspector and the authority of an inspector to take proceedings, or do any act, must be presumed, until the contrary is proved; and\na document appearing to be a copy of 1 of the following is evidence of what it states—\na compliance notice issued by an inspector;\na special circumstances certificate granted by the chief executive;\na work limitation notice issued by the chief executive; and\nthe authority of a person to accept service of a document on behalf of another must be presumed in the absence of evidence to the contrary.\ns 26 amd 2007 No. 23 s 47\n- (a) the appointment as inspector of a person claiming to be, or stated to be, an inspector and the authority of an inspector to take proceedings, or do any act, must be presumed, until the contrary is proved; and\n- (b) a document appearing to be a copy of 1 of the following is evidence of what it states— (i) a compliance notice issued by an inspector; (ii) a special circumstances certificate granted by the chief executive; (iii) a work limitation notice issued by the chief executive; and\n- (i) a compliance notice issued by an inspector;\n- (ii) a special circumstances certificate granted by the chief executive;\n- (iii) a work limitation notice issued by the chief executive; and\n- (c) the authority of a person to accept service of a document on behalf of another must be presumed in the absence of evidence to the contrary.\n- (i) a compliance notice issued by an inspector;\n- (ii) a special circumstances certificate granted by the chief executive;\n- (iii) a work limitation notice issued by the chief executive; and","sortOrder":54},{"sectionNumber":"pt.4","sectionType":"part","heading":"Appeals against decisions of chief executive","content":"# Appeals against decisions of chief executive","sortOrder":55},{"sectionNumber":"sec.27","sectionType":"section","heading":"Appeal from decision of the chief executive","content":"### sec.27 Appeal from decision of the chief executive\n\nAn affected person who is dissatisfied with a decision of the chief executive may appeal against the decision to the industrial commission.\nA person may be dissatisfied with a decision of the chief executive because the person believes it was not made in accordance with the guidelines mentioned in section 31 (1) .\nThe procedures for the appeal must be, as nearly as possible, the same procedures as the procedures for an appeal under the Industrial Relations Act 2016 .\nHowever, the appeal must be started—\nif the person has asked for an information notice under section 15 —within 21 days after the person is given the information notice; or\notherwise—within 21 days after the person is given notice of the decision.\nHowever, the industrial commission may extend the time for starting an appeal.\nA defect in the information notice does not affect the person’s right to appeal against the decision.\ns 27 amd 2007 No. 23 s 49 ; 2016 No. 63 s 1157 sch 6\n(sec.27-ssec.1) An affected person who is dissatisfied with a decision of the chief executive may appeal against the decision to the industrial commission. A person may be dissatisfied with a decision of the chief executive because the person believes it was not made in accordance with the guidelines mentioned in section 31 (1) .\n(sec.27-ssec.2) The procedures for the appeal must be, as nearly as possible, the same procedures as the procedures for an appeal under the Industrial Relations Act 2016 .\n(sec.27-ssec.3) However, the appeal must be started— if the person has asked for an information notice under section 15 —within 21 days after the person is given the information notice; or otherwise—within 21 days after the person is given notice of the decision.\n(sec.27-ssec.4) However, the industrial commission may extend the time for starting an appeal.\n(sec.27-ssec.5) A defect in the information notice does not affect the person’s right to appeal against the decision.\n- (a) if the person has asked for an information notice under section 15 —within 21 days after the person is given the information notice; or\n- (b) otherwise—within 21 days after the person is given notice of the decision.","sortOrder":56},{"sectionNumber":"sec.28","sectionType":"section","heading":"Nature of appeal","content":"### sec.28 Nature of appeal\n\nAn appeal to the industrial commission is by way of rehearing on the record.\nHowever, the industrial commission may hear evidence afresh, or hear additional evidence, if the industrial commission considers it appropriate to effectively dispose of the appeal.\n(sec.28-ssec.1) An appeal to the industrial commission is by way of rehearing on the record.\n(sec.28-ssec.2) However, the industrial commission may hear evidence afresh, or hear additional evidence, if the industrial commission considers it appropriate to effectively dispose of the appeal.","sortOrder":57},{"sectionNumber":"sec.29","sectionType":"section","heading":"Decision on appeal","content":"### sec.29 Decision on appeal\n\nThe industrial commission may—\nconfirm the decision appealed against; or\nallow the appeal, set aside the decision being appealed and substitute another decision; or\nallow the appeal and amend the decision; or\nallow the appeal, suspend the operation of the decision and remit the matter, with or without directions, to the chief executive to act according to law.\nFor deciding the appeal, the powers of the industrial commission under this part are—\nthe same powers as the industrial commission has in relation to a proceeding started under the Industrial Relations Act 2016 ; and\nthe powers of the chief executive.\ns 29 amd 2007 No. 23 s 50 ; 2016 No. 63 s 1157 sch 6\n(sec.29-ssec.1) The industrial commission may— confirm the decision appealed against; or allow the appeal, set aside the decision being appealed and substitute another decision; or allow the appeal and amend the decision; or allow the appeal, suspend the operation of the decision and remit the matter, with or without directions, to the chief executive to act according to law.\n(sec.29-ssec.2) For deciding the appeal, the powers of the industrial commission under this part are— the same powers as the industrial commission has in relation to a proceeding started under the Industrial Relations Act 2016 ; and the powers of the chief executive.\n- (a) confirm the decision appealed against; or\n- (b) allow the appeal, set aside the decision being appealed and substitute another decision; or\n- (c) allow the appeal and amend the decision; or\n- (d) allow the appeal, suspend the operation of the decision and remit the matter, with or without directions, to the chief executive to act according to law.\n- (a) the same powers as the industrial commission has in relation to a proceeding started under the Industrial Relations Act 2016 ; and\n- (b) the powers of the chief executive.","sortOrder":58},{"sectionNumber":"sec.30","sectionType":"section","heading":"Appeal from decision of an Industrial Magistrates Court","content":"### sec.30 Appeal from decision of an Industrial Magistrates Court\n\nA person who is dissatisfied with the decision of an Industrial Magistrates Court in a proceeding for an offence against this Act may appeal to the Industrial Court.","sortOrder":59},{"sectionNumber":"pt.5","sectionType":"part","heading":"General","content":"# General","sortOrder":60},{"sectionNumber":"sec.31","sectionType":"section","heading":"Chief executive to consult with representative bodies about guidelines for particular decisions","content":"### sec.31 Chief executive to consult with representative bodies about guidelines for particular decisions\n\nThe chief executive may issue guidelines for deciding whether to grant a special circumstances certificate or to issue a work limitation notice.\nWhen developing or reviewing guidelines under subsection (1) , the chief executive may consult with any entity the chief executive reasonably believes may help in the achievement of the purposes of this Act.\n(sec.31-ssec.1) The chief executive may issue guidelines for deciding whether to grant a special circumstances certificate or to issue a work limitation notice.\n(sec.31-ssec.2) When developing or reviewing guidelines under subsection (1) , the chief executive may consult with any entity the chief executive reasonably believes may help in the achievement of the purposes of this Act.","sortOrder":61},{"sectionNumber":"sec.32","sectionType":"section","heading":"Protection from liability","content":"### sec.32 Protection from liability\n\nAn official is not civilly liable for an act done, or omission made, honestly and on reasonable grounds under this Act.\nIf subsection (1) prevents a civil liability attaching to the person, the liability attaches instead to the State.\n(sec.32-ssec.1) An official is not civilly liable for an act done, or omission made, honestly and on reasonable grounds under this Act.\n(sec.32-ssec.2) If subsection (1) prevents a civil liability attaching to the person, the liability attaches instead to the State.","sortOrder":62},{"sectionNumber":"sec.33","sectionType":"section","heading":"Executive officer may be taken to have committed offence","content":"### sec.33 Executive officer may be taken to have committed offence\n\nIf a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if—\nthe officer authorised or permitted the corporation’s conduct constituting the offence; or\nthe officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\nThe executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence.\nThis section does not affect either of the following—\nthe liability of the corporation for the offence against the deemed executive liability provision;\nthe liability, under the Criminal Code, chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.\nIn this section—\ndeemed executive liability provision means any of the following provisions—\nsection 8A (1)\nsection 8B (1)\nsection 8C (1)\nsection 9 (1)\nsection 9 (2)\nsection 9 (3)\nsection 9 (4)\nsection 10 (1)\nsection 11 (1)\nsection 12 (7)\nsection 13 (10) .\ns 33 sub 2013 No. 51 s 15\n(sec.33-ssec.1) If a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if— the officer authorised or permitted the corporation’s conduct constituting the offence; or the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\n(sec.33-ssec.2) The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence.\n(sec.33-ssec.3) This section does not affect either of the following— the liability of the corporation for the offence against the deemed executive liability provision; the liability, under the Criminal Code, chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.\n(sec.33-ssec.4) In this section— deemed executive liability provision means any of the following provisions— section 8A (1) section 8B (1) section 8C (1) section 9 (1) section 9 (2) section 9 (3) section 9 (4) section 10 (1) section 11 (1) section 12 (7) section 13 (10) .\n- (a) the officer authorised or permitted the corporation’s conduct constituting the offence; or\n- (b) the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\n- (a) the liability of the corporation for the offence against the deemed executive liability provision;\n- (b) the liability, under the Criminal Code, chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.\n- • section 8A (1)\n- • section 8B (1)\n- • section 8C (1)\n- • section 9 (1)\n- • section 9 (2)\n- • section 9 (3)\n- • section 9 (4)\n- • section 10 (1)\n- • section 11 (1)\n- • section 12 (7)\n- • section 13 (10) .","sortOrder":63},{"sectionNumber":"sec.34","sectionType":"section","heading":"Responsibility for acts or omissions of representatives","content":"### sec.34 Responsibility for acts or omissions of representatives\n\nThis section applies in a proceeding for an offence against this Act.\nIf it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—\nthe act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nAn act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\nIn this section—\nrepresentative means—\nfor a corporation—an executive officer, employee or agent of the corporation; or\nfor an individual—an employee or agent of the individual.\nstate of mind , of a person, includes—\nthe person’s knowledge, intention, opinion, belief or purpose; and\nthe person’s reasons for the intention, opinion, belief or purpose.\n(sec.34-ssec.1) This section applies in a proceeding for an offence against this Act.\n(sec.34-ssec.2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.34-ssec.3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\n(sec.34-ssec.4) In this section— representative means— for a corporation—an executive officer, employee or agent of the corporation; or for an individual—an employee or agent of the individual. state of mind , of a person, includes— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.\n- (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\n- (a) for a corporation—an executive officer, employee or agent of the corporation; or\n- (b) for an individual—an employee or agent of the individual.\n- (a) the person’s knowledge, intention, opinion, belief or purpose; and\n- (b) the person’s reasons for the intention, opinion, belief or purpose.","sortOrder":64},{"sectionNumber":"sec.35","sectionType":"section","heading":"False or misleading statements to officials","content":"### sec.35 False or misleading statements to officials\n\nA person must not state anything to an official the person knows is false or misleading in a material particular.\nMaximum penalty—40 penalty units.\nIt is enough for a complaint for an offence against subsection (1) to state the statement made was ‘false or misleading’ to the person’s knowledge, without specifying which.\n(sec.35-ssec.1) A person must not state anything to an official the person knows is false or misleading in a material particular. Maximum penalty—40 penalty units.\n(sec.35-ssec.2) It is enough for a complaint for an offence against subsection (1) to state the statement made was ‘false or misleading’ to the person’s knowledge, without specifying which.","sortOrder":65},{"sectionNumber":"sec.36","sectionType":"section","heading":"False or misleading documents","content":"### sec.36 False or misleading documents\n\nA person must not give to an official a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—40 penalty units.\nSubsection (1) does not apply to a person who, when giving the document—\ninforms the official, to the best of the person’s ability, how it is false or misleading; and\ngives the correct information to the official if the person has, or can reasonably obtain, the correct information.\nIt is enough for a complaint for an offence against subsection (1) to state the document was ‘false or misleading’ to the person’s knowledge, without specifying which.\n(sec.36-ssec.1) A person must not give to an official a document containing information the person knows is false or misleading in a material particular. Maximum penalty—40 penalty units.\n(sec.36-ssec.2) Subsection (1) does not apply to a person who, when giving the document— informs the official, to the best of the person’s ability, how it is false or misleading; and gives the correct information to the official if the person has, or can reasonably obtain, the correct information.\n(sec.36-ssec.3) It is enough for a complaint for an offence against subsection (1) to state the document was ‘false or misleading’ to the person’s knowledge, without specifying which.\n- (a) informs the official, to the best of the person’s ability, how it is false or misleading; and\n- (b) gives the correct information to the official if the person has, or can reasonably obtain, the correct information.","sortOrder":66},{"sectionNumber":"sec.37","sectionType":"section","heading":"Delegations","content":"### sec.37 Delegations\n\nThe chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified officer of the department.\nIn this section—\nappropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power.\na person’s classification level in the department\n(sec.37-ssec.1) The chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified officer of the department.\n(sec.37-ssec.2) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power. a person’s classification level in the department","sortOrder":67},{"sectionNumber":"sec.38","sectionType":"section","heading":"Approved forms","content":"### sec.38 Approved forms\n\nThe chief executive may approve forms for use under this Act.","sortOrder":68},{"sectionNumber":"sec.39","sectionType":"section","heading":"Regulation-making power","content":"### sec.39 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nFor example, a regulation may—\nregulate work conditions for children; or\nregulate work conditions for children in particular types of businesses, including in the entertainment industry; or\nprescribe matters for which fees are payable under this Act and the fees that are payable for the matters; or\nprovide for the records that must be kept, and for how long and where the records must be kept; or\nimpose a penalty of not more than 40 penalty units for a contravention of a provision of the regulation.\n(sec.39-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.39-ssec.2) For example, a regulation may— regulate work conditions for children; or regulate work conditions for children in particular types of businesses, including in the entertainment industry; or prescribe matters for which fees are payable under this Act and the fees that are payable for the matters; or provide for the records that must be kept, and for how long and where the records must be kept; or impose a penalty of not more than 40 penalty units for a contravention of a provision of the regulation.\n- (a) regulate work conditions for children; or\n- (b) regulate work conditions for children in particular types of businesses, including in the entertainment industry; or\n- (c) prescribe matters for which fees are payable under this Act and the fees that are payable for the matters; or\n- (d) provide for the records that must be kept, and for how long and where the records must be kept; or\n- (e) impose a penalty of not more than 40 penalty units for a contravention of a provision of the regulation.","sortOrder":69},{"sectionNumber":"sec.40","sectionType":"section","heading":"Effect of regulation amendment by Justice and Other Legislation Amendment Act 2013","content":"### sec.40 Effect of regulation amendment by Justice and Other Legislation Amendment Act 2013\n\nThe amendment of the Child Employment Regulation 2006 by the Justice and Other Legislation Amendment Act 2013 does not affect the power of the Governor in Council to further amend the regulation or to repeal it.\ns 40 ins 2013 No. 35 s 29","sortOrder":70}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's original stated purpose is narrowly focused on safeguarding children's health, safety, development, and schooling. However, through amendments (notably in 2007 and 2013), the scope expanded significantly to include: minimum employment conditions for children employed by constitutional corporations (Part 2A), unfair dismissal protections mirroring adult industrial relations law (Part 2B), explicit prohibitions on nudity and sexually inappropriate workplace roles (sections 8A–8C), and social escort prohibitions. These additions go beyond the original protective intent into broader employment standards territory typically governed by separate industrial relations legislation."},"complexity_factors":["Multiple overlapping categories of 'child' (school-aged, young, under 12 months) with different rules applying to each","Broad and technically precise definition of 'work' with numerous inclusions and exclusions depending on context and which part of the Act applies","Complex definition of 'parent' involving Aboriginal tradition, Island custom, court orders, and Child Protection Act interactions","Separate regulatory regime for 'constitutional corporations' (Parts 2A and 2B) with references to multiple other statutes including the Industrial Relations Act 2016 and Workplace Relations Act 1996 (Cwlth)","Extensive cross-referencing with external legislation (Education (General Provisions) Act 2006, Industrial Relations Act 2016, Income Tax Assessment Act 1997, Child Protection Act 1999, Hospital and Health Boards Act 2011)","Layered enforcement mechanisms: inspectors, compliance notices, industrial commission proceedings, industrial magistrates, and appeals — all with different procedures and timelines","Nuanced exceptions within exceptions (e.g., nudity/inappropriate role prohibitions with carve-outs for babies under 12 months in entertainment with parental consent and presence)","Executive liability provisions creating personal responsibility for company officers","Interaction with Commonwealth workplace relations law creates jurisdictional complexity","Superannuation contribution orders and unclaimed moneys fund provisions add financial/regulatory complexity"],"plain_english_summary":"The Child Employment Act 2006 protects anyone under 18 who works in Queensland by setting minimum safety, supervision and schooling-first rules, requiring parental consent for many young workers, and banning sexualised, exploitative or age‑inappropriate work. For large corporations it also prevents inferior pay/conditions for child workers and gives those children unfair‑dismissal protections.\n\nInspectors can enforce the rules, issue compliance notices and fines, and the chief executive can grant or restrict permissions in special circumstances."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The text shows scope expansion and specification since enactment: it adds a specific minimum‑conditions and enforcement regime for children employed by constitutional corporations (pt.2A, ss.15A–15E, 15P) and creates tailored administrative remedies (compliance notices, inspector applications to the industrial commission — ss.15F–15O). It also inserts limited exceptions for very young children in the entertainment industry (ss.8A(2), 8C(3)) and extends liability to executive officers for corporate breaches (s.33). These amendments reallocate detail to regulations (s.39) and increase administrative enforcement discretion (ss.12–13)."},"complexity_factors":["Multiple cross‑references to other statutes and instruments (Industrial Relations Act 2016 throughout pt.2A and enforcement provisions; Education (General Provisions) Act 2006 s.7; Income Tax Assessment Act 1997 in s.8) increasing interpretive load.","Layered administrative decision‑making: chief executive discretion to grant/condition/review special circumstances certificates (s.12) and to issue work limitation notices (s.13).","Detailed compliance and enforcement architecture: inspectors’ powers, seizure, forfeiture, compliance notices, inspector applications to industrial commission, and dual appeal routes (ss.15F–15O, 16–24, 25–26).","Distinct regime for constitutional corporations and interplay with State awards and no‑disadvantage tests (pt.2A, ss.15A–15C, 15P), creating two‑track treatment of employers.","Executive liability and corporate officer exposure: deemed executive liability provisions and liability of executive officers where they authorised or were knowingly concerned in conduct (s.33).","Broad and detailed definition of “work” with numerous exclusions and special rules (s.8), affecting who is captured and when regulation fills gaps.","Regulation‑making power delegated to Governor in Council to prescribe many operational details (s.39), shifting detail out of the primary Act and requiring consultation with subordinate instruments.","Record‑keeping and evidentiary rules tied to the Industrial Relations Act standards (ss.15D–15E, 26), increasing administrative compliance complexity.","Penalties, time bars and procedural constraints for prosecutions and appeals (ss.25, 15J, 27–29) requiring careful procedural compliance."],"plain_english_summary":"Mechanically, the Act sets rules about what work children (under 18) may do in Queensland: it requires parental consent or a chief executive special‑circumstances certificate before school‑aged or young children work (ss.10, 12), bans sexualised or inappropriate roles and work as social escorts (ss.8A–8C, 8B), and creates an inspection, compliance‑notice and appeal system with penalties and corporate officer liability (ss.15F, 15N, 33). The stated purpose is to protect children’s schooling and health; employers bear the compliance, record‑keeping and penalty risk."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":1900},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"While the core purpose remains child protection, the legislation has expanded significantly beyond its original safeguarding remit. The 2007 amendments inserted Part 2A (minimum employment conditions for constitutional corporations) and Part 2B (dismissal rights for children employed by constitutional corporations), creating a hybrid state/federal industrial relations regime. These Parts effectively mirror federal workplace relations law for child employees of large corporations, transforming the Act from a simple protective statute into a complex industrial relations compliance mechanism. Additionally, specific entertainment industry exceptions (sections 8A-8C) have introduced granular cultural/artistic carve-outs not present in the original drafting."},"complexity_factors":["Multi-layered definition of 'work' (section 8) with four separate exclusion clauses, three 'unless' exceptions, and multiple 'however' carve-backs for specific Parts","Extensive cross-referencing to at least 6 other statutes including the Industrial Relations Act 2016, Education (General Provisions) Act 2006, and Commonwealth Income Tax Assessment Act 1997","Federal/state constitutional interaction in Part 2A and 2B requiring complex 'constitutional corporation' tests and incorporation of federal workplace agreements","Nested conditional logic: general prohibition → exception for entertainment industry → exception to the exception requiring parental consent → limitation that consent need not cover all matters","Dual liability framework: 13 specific offences designated as 'executive liability provisions' creating personal liability for officers alongside corporate liability","Overlapping jurisdiction between industrial magistrates, the Industrial Commission, and the Chief Executive with different appeal pathways (Part 3 and Part 4)","Temporal complexity with multiple commencement dates and savings provisions (e.g., pre-2006 employment grandfathering, Part 7 commencement)"],"plain_english_summary":"**What this law does**\n\nThe *Child Employment Act 2006* is a Queensland law that protects children (anyone under 18) from exploitation and unsafe working conditions. Its two main goals are: (1) making sure work doesn’t interfere with school, and (2) preventing children from doing work that could harm their health, safety, or development.\n\n**Who it affects**\n- **Children** – anyone under 18 who works in Queensland (including unpaid work and family businesses)\n- **Employers** – anyone who hires children, including parents who employ their own kids\n- **Parents** – defined broadly to include biological parents, guardians, and people recognised as parents under Aboriginal or Torres Strait Islander custom\n\n**Key rules you need to know**\n\n*School comes first*\n- School-aged children (under 16 who must attend school) cannot work during school hours unless they have a special certificate.\n- Employers must have written parental consent before a school-aged or young child starts work.\n\n*Prohibited work*\n- Children cannot work as social escorts.\n- Children cannot be required to work nude or in sexually provocative clothing (with a narrow exception for infants under 12 months in the entertainment industry if parents consent and are present).\n- Children cannot work in situations inappropriate for their age or maturity, including exposure to sexual acts or deliberately distressing scenes.\n- Children must always be supervised by an adult while working.\n\n*What counts as \"work\"*\nThe law covers employment contracts, piecework, supervising others, helping in family businesses for profit, and even unpaid volunteer work. It generally excludes domestic chores at home, fundraising collections, and approved work experience or apprenticeships—though some protections still apply to apprentices.\n\n*Flexibility for special cases*\nThe Chief Executive can grant \"special circumstances certificates\" allowing a child to do work that would normally be banned (such as working unsupervised or during school hours) if convinced the work won’t harm the child or interrupt schooling. Conversely, they can issue \"work limitation notices\" banning specific children from dangerous work.\n\n*Enforcement*\nGovernment inspectors can enter workplaces, seize evidence, and issue compliance notices. Breaches carry penalties up to 100 penalty units (over $14,000), and company directors can be personally liable for corporate offences.\n\n**Why it matters**\nThis law draws a line between appropriate part-time jobs (like retail or hospitality) and exploitative practices that rob children of education or put them in adult situations. It recognises that children in the entertainment industry need specific safeguards while ensuring 12-year-olds aren’t working night shifts or handling dangerous machinery."}},"importantCases":[],"_links":{"self":"/api/acts/child-employment-act-2006","history":"/api/acts/child-employment-act-2006/history","analysis":"/api/acts/child-employment-act-2006/analysis","conflicts":"/api/acts/child-employment-act-2006/conflicts","importantCases":"/api/acts/child-employment-act-2006/important-cases","documents":"/api/acts/child-employment-act-2006/documents"}}