{"id":"nsw:act-2006-096","name":"Industrial Relations (Child Employment) Act 2006","slug":"industrial-relations-child-employment-act-2006","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"96 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104648,"registerId":"nsw-act-2006-096-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Industrial Relations (Child Employment) Act 2006](/view/html/inforce/current/act-2006-096).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) This Act commences on the date of assent to this Act, except as provided by subsection (2).\n> \n> > (2) The provisions of Part 2 commence on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > ABN means an Australian Business Number registered under the [A New Tax System (Australian Business Number) Act 1999](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > ACN has the same meaning as it has in the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > affected employer, in relation to a child, means an employer of a child to whose employment section 4 applies.\n> > \n> > child means any person who is under the age of 18 years.\n> > \n> > Commission means the Industrial Relations Commission of New South Wales.\n> > \n> > compliance notice means a compliance notice issued under Division 2 of Part 2.\n> > \n> > conditions of employment has the same meaning as it has in the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).\n> > \n> > constitutional corporation means a corporation to which paragraph 51 (xx) of the Commonwealth Constitution applies.\n> > \n> > Note.\n> > \n> > Paragraph 51 (xx) of the Commonwealth Constitution confers power on the Commonwealth Parliament to make laws with respect to foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth.\n> > \n> > contravene includes fail to comply with.\n> > \n> > dismissal, in relation to an employee, has the same meaning as it has in Part 6 of Chapter 2 of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).\n> > \n> > employ means employ an employee within the meaning of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).\n> > \n> > employer has the same meaning as it has in the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).\n> > \n> > exercise a function includes perform a duty.\n> > \n> > function includes a power, authority or duty.\n> > \n> > industrial court means—\n> > \n> > > (a) the Industrial Court of New South Wales, or\n> > \n> > > (b) if (but only if) the no net detriment principles have been set and published under section 5—the Local Court constituted specially for the purposes of this Act by an Industrial Local Court Judge sitting alone.\n> > \n> > industrial organisation has the same meaning as it has in the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).\n> > \n> > Industrial Registrar has the same meaning as it has in the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).\n> > \n> > industrial relations legislation has the same meaning as it has in the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).\n> > \n> > inspector means an inspector appointed for the purposes of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).\n> > \n> > introduction day means the day on which the Bill for this Act was first introduced into Parliament.\n> > \n> > minimum conditions of employment for a child—see section 4 (3).\n> > \n> > modification includes addition, exception, omission or substitution.\n> > \n> > no net detriment principles—see section 5.\n> > \n> > premises has the same meaning as it has in the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).\n> > \n> > State award has the same meaning as it has in section 28A of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).\n> > \n> > State industrial instrument means an industrial instrument within the meaning of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).\n> > \n> > Note.\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Am 2007 No 94, Sch 2; 2016 No 48, Sch 2.21 \\[1\\]; 2023 No 41, Sch 2.20\\[1\\]; 2025 No 61, Sch 2.53\\[1\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Minimum conditions of employment for children","content":"# Part 2 Minimum conditions of employment for children\n\nPart 2 Minimum conditions of employment for children","sortOrder":4},{"sectionNumber":"Division 1","sectionType":"division","heading":"Conditions of employment","content":"## Division 1 Conditions of employment\n\nDivision 1 Conditions of employment","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Employer to ensure at least minimum conditions provided","content":"#### 4 Employer to ensure at least minimum conditions provided\n\n4 Employer to ensure at least minimum conditions provided\n\n> > (1) This section applies to the employment of a child by an employer if—\n> > \n> > > (a) the child is employed under an agreement or other arrangement entered into on or after 27 March 2006, and\n> > \n> > > (b) the employer of the child is a constitutional corporation that is not bound by a State industrial instrument with respect to the employment of the child, and\n> > \n> > > (c) a State award is in force that covers employees performing similar work to that performed by the child (a comparable State award) and that award does not bind the employer in respect of the employment of the child.\n> \n> > (2) An employer of a child to whose employment this section applies (an affected employer) must ensure that—\n> > \n> > > (a) the child is provided with the same conditions of employment as the minimum conditions of employment for the child, or\n> > \n> > > (b) if the conditions of employment provided to the child are different to the minimum conditions of employment for the child—the conditions of employment provided to the child do not, on balance, result in a net detriment to the child when compared to the minimum conditions of employment.\n> > \n> > Note.\n> > \n> > A contravention of this section by an affected employer of a child may expose the employer to a civil penalty under section 15.\n> \n> > (3) The minimum conditions of employment for a child are—\n> > \n> > > (a) the conditions of employment for employees performing similar work to that performed by the child for which provision is made from time to time in the comparable State award, and\n> > \n> > > (b) such other conditions of employment for which the industrial relations legislation makes provision that would have applied to the employment of the child if the employer of the child were bound by the comparable State award.\n> \n> > (4) In determining whether or not an affected employer of a child has provided the child with conditions of employment that, on balance, result in a net detriment to the child when compared to the minimum conditions of employment for the child, an industrial court is to take into account the following matters—\n> > \n> > > (a) the no net detriment principles set by the Commission from time to time,\n> > \n> > > (b) any other matter that the court considers relevant.\n> \n> > (5) For the avoidance of doubt, nothing in this section requires an affected employer of a child to provide a condition of employment to the child if the employer is already required to provide the same condition by or under another law of the State.","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Full Bench of Commission to set no net detriment principles","content":"#### 5 Full Bench of Commission to set no net detriment principles\n\n5 Full Bench of Commission to set no net detriment principles\n\n> > (1) A Full Bench of the Commission is required to set principles (the no net detriment principles) to be followed by an industrial court in determining whether or not an affected employer of a child has provided the child with conditions of employment that, on balance, result in a net detriment to the child when compared to the minimum conditions of employment for the child.\n> \n> > (2) In determining those principles, the Full Bench of the Commission is to have regard, in particular, to the following—\n> > \n> > > (a) evidence about the kinds of occupations and industries in which children are employed,\n> > \n> > > (b) the State awards that apply to those occupations and industries,\n> > \n> > > (c) any industrial relations legislation that may apply generally to the employment of children,\n> > \n> > > (d) any provisions of any such State awards or industrial relations legislation that operate to provide conditions of employment that are particularly important for ensuring the well-being of children who are employed,\n> > \n> > > (e) the provision of any other laws of the State that may be relevant to the employment of children or to their well-being while employed (for example, laws dealing with occupational safety, education or child protection).\n> \n> > (3) Without limiting subsection (1) or (2), the Full Bench of the Commission may determine that a particular condition or conditions of employment of the kind referred to in subsection (2) (d) is or are of such importance for ensuring the well-being of children who are employed that a failure to provide that condition or those conditions will of itself result in a net detriment to the child when compared to the minimum conditions of employment for the child.\n> \n> > (4) A Full Bench of the Commission is to review the no net detriment principles at least once every 3 years.\n> \n> > (5) The no net detriment principles may be set or reviewed on the application of the Minister or on the Commission’s own initiative.\n> \n> > (6) Industrial organisations are entitled to be notified of any proceedings of a Full Bench under this section and to make submissions on the setting or review of the no net detriment principles.\n> \n> > (7) The Industrial Registrar is to publish the no net detriment principles—\n> > \n> > > (a) if Part 11 (NSW industrial relations website) of Chapter 4 (as inserted by the [Industrial Relations Further Amendment Act 2006](/view/html/repealed/current/act-2006-097)) has not commenced—in the Industrial Gazette, or\n> > \n> > > (b) if that Part has commenced—on the NSW industrial relations website.\n> \n> > (8) The initial no net detriment principles are to be set and published under this section within 6 months after the commencement of this section.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Exhibition of comparable State awards in workplace","content":"#### 6 Exhibition of comparable State awards in workplace\n\n6 Exhibition of comparable State awards in workplace\n\n> An affected employer of any child must cause a copy of the comparable State award (or the latest official reprint of the award) that is applicable for the purposes of section 4 to the employment of the child at any premises to be exhibited in a conspicuous place at those premises.\n> \n> Maximum penalty—10 penalty units.\n> \n> Note.\n> \n> Part 6 of Chapter 7 of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) (as applied to and for the purposes of this Part by section 16) makes provision with respect to the bringing of criminal and other legal proceedings.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Record-keeping requirements","content":"#### 7 Record-keeping requirements\n\n7 Record-keeping requirements\n\n> > (1) For each child for whom an employer is an affected employer, the employer is to ensure that records are kept of the following matters—\n> > \n> > > (a) the name of the employer,\n> > \n> > > (b) the ACN (if any) and ABN of the employer,\n> > \n> > > (c) the name of the child,\n> > \n> > > (d) the date of birth of the child as provided to the employer,\n> > \n> > > (e) the date on which the child’s employment began,\n> > \n> > > (f) whether the child’s employment is full-time or part-time,\n> > \n> > > (g) whether the child’s employment is permanent, temporary or casual,\n> > \n> > > (h) any remuneration paid to the child,\n> > \n> > > (i) the days on which the child works for the employer (including the starting and finishing times and the total number of hours worked on each day),\n> > \n> > > (j) if the child’s employment is terminated—the date on which the child’s employment is terminated,\n> > \n> > > (k) such other matters concerning the employment of the child as may be prescribed by the regulations.\n> \n> > (2) The records are to be kept in the manner and form prescribed by the regulations.\n> \n> > (3) The employer must ensure that the records are kept for a period of at least 6 years.\n> \n> > (4) The regulations may make provision for or with respect to the transfer of any such records, or copies of any such records, to the successor of an employer.\n> \n> > (5) A person who contravenes this section or the regulations under this section is guilty of an offence.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> Note.\n> \n> The following provisions of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) (as applied to and for the purposes of this Part by section 16) should be noted—\n> \n> > (a) Section 385 (as applied) enables an inspector to require an employer to produce records required to be kept under this section to the inspector for examination.\n> \n> > (b) Section 387 (as applied) makes it an offence to fail, without reasonable excuse, to comply with a requirement of an inspector.\n> \n> > (c) Part 6 of Chapter 7 (as applied) makes provision with respect to the bringing of criminal and other legal proceedings.","sortOrder":9},{"sectionNumber":"Division 2","sectionType":"division","heading":"Compliance notices","content":"## Division 2 Compliance notices\n\nDivision 2 Compliance notices","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Issue of compliance notices","content":"#### 8 Issue of compliance notices\n\n8 Issue of compliance notices\n\n> > (1) If an inspector is of the opinion that an affected employer of a child—\n> > \n> > > (a) is contravening section 4, or\n> > \n> > > (b) has contravened section 4 in circumstances that make it likely that the contravention will continue or be repeated,\n> > \n> > the inspector may issue to the employer a notice (in the form, if any, prescribed by the regulations) requiring the employer to remedy the contravention or the matters occasioning it within the period specified in the notice.\n> \n> > (2) The period within which an affected employer of a child is required by a compliance notice to remedy a contravention or the matters occasioning the contravention must be at least a period of 14 days after the issue of the notice.\n> \n> > (3) However, an inspector may specify a period that is less than 14 days after the issue of the compliance notice if satisfied that it is reasonably practicable for the employer to comply with the requirements imposed by the notice by the end of that period.\n> \n> > (4) A compliance notice must—\n> > \n> > > (a) state that the inspector is of the opinion referred to in subsection (1), and\n> > \n> > > (b) state the reasons for that opinion, and\n> > \n> > > (c) include information about appeal rights under this Division against the notice.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Compliance notices may include directions","content":"#### 9 Compliance notices may include directions\n\n9 Compliance notices may include directions\n\n> > (1) An inspector may include in a compliance notice directions as to the measures to be taken to remedy any contravention or matter to which the notice relates or to otherwise comply with the notice.\n> \n> > (2) Without limiting subsection (1), any such direction may offer the person to whom it is issued a choice of ways in which to remedy the contravention or matter or to comply with the notice.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Withdrawal of compliance notices","content":"#### 10 Withdrawal of compliance notices\n\n10 Withdrawal of compliance notices\n\n> > (1) A compliance notice may be withdrawn at any time by the inspector who issued the notice (or by another inspector authorised to do so, whether in the particular case or generally for the purposes of this section, by the Director-General of the Department of Commerce) if the inspector is satisfied that the notice was issued in error or is incorrect in some respect.\n> \n> > (2) The withdrawal has effect when notice of the withdrawal is given to the person to whom the notice was issued.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Offence: refusal or failure to comply with compliance notice","content":"#### 11 Offence: refusal or failure to comply with compliance notice\n\n11 Offence: refusal or failure to comply with compliance notice\n\n> An affected employer who, without reasonable excuse, refuses or fails to comply with a requirement imposed by a compliance notice issued to the employer is guilty of an offence.\n> \n> Maximum penalty—100 penalty units.\n> \n> Note.\n> \n> Part 6 of Chapter 7 of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) (as applied to and for the purposes of this Part by section 16) makes provision with respect to the bringing of criminal and other legal proceedings.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Appeal to Industrial Court","content":"#### 12 Appeal to Industrial Court\n\n12 Appeal to Industrial Court\n\n> > (1) A person to whom a compliance notice is issued may appeal against the notice to the Industrial Court of New South Wales.\n> \n> > (2) An appeal to the Industrial Court under this section does not operate to stay the notice the subject of the appeal except as otherwise ordered by the Court.\n> \n> > (3) The Industrial Court may, on the appeal, confirm the notice, vary it or revoke it.\n> \n> > (4) If the Industrial Court confirms a compliance notice, the Court may also in the same proceedings determine any application made under section 15 for a civil penalty in respect of the contravention of section 4 to which the notice relates.\n> \n> > (5) Regulations may be made for or with respect to appeals under this section, including the time and manner in which such an appeal is to be made.\n> \n> > (6) Without limiting subsection (5), the regulations may apply (whether with or without modification) provisions of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) and the regulations under that Act for or with respect to appeals under this section.\n> \n> **s 12:** Am 2016 No 48, Sch 2.21 \\[2\\] \\[3\\]; 2023 No 41, Sch 2.20\\[2\\]–\\[4\\].","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Revocation or withdrawal of compliance notice does not prevent issue of another notice","content":"#### 13 Revocation or withdrawal of compliance notice does not prevent issue of another notice\n\n13 Revocation or withdrawal of compliance notice does not prevent issue of another notice\n\n> The revocation or withdrawal of a compliance notice does not prevent the issue of another compliance notice.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Proceedings for offences or civil penalties not affected by compliance notices","content":"#### 14 Proceedings for offences or civil penalties not affected by compliance notices\n\n14 Proceedings for offences or civil penalties not affected by compliance notices\n\n> The issue, variation, revocation or withdrawal of a compliance notice does not affect any proceedings for an offence against this Act or for the recovery of a civil penalty in connection with any matter in respect of which the notice was issued.","sortOrder":17},{"sectionNumber":"Division 3","sectionType":"division","heading":"Civil penalty","content":"## Division 3 Civil penalty\n\nDivision 3 Civil penalty","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Civil penalty for contravention of section 4","content":"#### 15 Civil penalty for contravention of section 4\n\n15 Civil penalty for contravention of section 4\n\n> > (1) If an industrial court is satisfied that an affected employer of a child has contravened section 4, it may order the employer to pay a pecuniary penalty not exceeding $10,000 (a civil penalty).\n> \n> > (2) Proceedings for a civil penalty may be instituted by an inspector.\n> > \n> > Note.\n> > \n> > A civil penalty may also be sought in proceedings on an appeal under section 12. See section 12 (4).\n> \n> > (3) Proceedings for a civil penalty may be instituted within 6 years after the contravention.\n> \n> > (4) To avoid doubt, the rules of evidence apply to proceedings for a civil penalty.\n> \n> > (5) Evidence given in proceedings for the recovery of money under Part 2 of Chapter 7 of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) (as applied to and for the purposes of this Part by section 16) is not admissible in proceedings for a civil penalty.\n> \n> > (6) In determining the amount of the pecuniary penalty that an affected employer of a child should be ordered to pay, the industrial court may take into account any of the following matters—\n> > \n> > > (a) whether or not the employer has made a reasonable effort to provide the child with the minimum conditions of employment for the child,\n> > \n> > > (b) whether or not the child understood and consented to the provision of the conditions of employment that the employer has actually provided to the child,\n> > \n> > > (c) any other matter that the court considers relevant.\n> \n> > (7) In any proceedings for a civil penalty, the industrial court may award costs to either party and assess the amount of those costs. Costs cannot be awarded against the prosecutor except in the circumstances in which costs can be awarded against the prosecutor in criminal proceedings.\n> \n> > (8) The following provisions apply to contraventions of section 4 and to proceedings for a civil penalty for such a contravention in the same way as they apply to criminal proceedings for an offence against the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017)—\n> > \n> > > (a) Sections 400–403 of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) (as applied to and for the purposes of this Part by section 16).\n> > \n> > > (b) The provisions of any Act relating to the recovery of penalties imposed for an offence.\n> > \n> > > (c) Any provision of this or any other Act relating to criminal proceedings that is applied to this section by the regulations (whether with or without modification).","sortOrder":19},{"sectionNumber":"Division 4","sectionType":"division","heading":"Applied enforcement provisions","content":"## Division 4 Applied enforcement provisions\n\nDivision 4 Applied enforcement provisions","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Applied provisions of Industrial Relations Act 1996","content":"#### 16 Applied provisions of Industrial Relations Act 1996\n\n16 Applied provisions of [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017)\n\n> > (1) The following provisions of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) and the regulations made under that Act apply to and for the purposes of this Part (the applied enforcement provisions)—\n> > \n> > > (a) section 162A (Transfer of certain proceedings to Industrial Local Court Judges),\n> > \n> > > (b) section 181 (2) (d),\n> > \n> > > (c) section 197 (Appeals from Local Court),\n> > \n> > > (d) Part 1 of Chapter 7 (Breach of industrial instruments), other than sections 357 and 361,\n> > \n> > > (e) Part 2 of Chapter 7 (Recovery of remuneration and other amounts), other than section 380,\n> > \n> > > (f) Part 4 of Chapter 7 (Inspectors and their powers),\n> > \n> > > (g) Part 5 of Chapter 7 (Evidentiary provisions),\n> > \n> > > (h) Part 6 of Chapter 7 (Criminal and other legal proceedings),\n> > \n> > > (i) any other provision prescribed by the regulations.\n> \n> > (2) Accordingly, the applied enforcement provisions have effect as if they formed part of this Act.\n> \n> > (3) For the purposes of the application of the applied enforcement provisions (but without limiting subsection (6)), a reference in the applied enforcement provisions—\n> > \n> > > (a) to this Act (that is, the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017)) is to be read as a reference to this Part, and\n> > \n> > > (b) to the regulations is to be read as including a reference to the regulations under this Act made for the purposes of this Part, and\n> > \n> > > (c) to the industrial relations legislation is to be read as including a reference to this Part, and\n> > \n> > > (d) to an industrial court is to be read as a reference to an industrial court within the meaning of this Act, and\n> > \n> > > (e) to employment is to be read as a reference to employment of a child to which section 4 of this Act applies, and\n> > \n> > > (f) to an employer is to be read as a reference to an affected employer of a child, and\n> > \n> > > (g) to employees is to be read as a reference to children to whose employment section 4 of this Act applies, and\n> > \n> > > (h) to a civil penalty is to be read as a reference to a civil penalty imposed under section 15 of this Act, and\n> > \n> > > (i) to the recovery of money under Part 2 of Chapter 7 is to be read as a reference to the recovery of money under Part 2 of that Chapter (as applied to and for the purposes of this Part by this section), and\n> > \n> > > (j) to an industrial instrument is to be read as including a reference to section 4 to the extent that it requires an employer of a child to provide the minimum conditions of employment for the child or conditions of employment that do not, on balance, result in a net detriment to the child when compared with the minimum conditions of employment for the child,\n> > \n> > as the case requires.\n> \n> > (4) Without limiting subsections (3) and (6), a reference in Part 2 of Chapter 7 (Recovery of remuneration and other amounts) of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) (as applied to and for the purposes of this Part by this section) to an amount payable under an industrial instrument is to be read as a reference to an amount payable to a child under the minimum conditions of employment for the child in circumstances where the employer has contravened section 4.\n> \n> > (5) Section 153 (1) of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) applies to proceedings under Part 1 or Part 2 of Chapter 7 of that Act (as applied to and for the purposes of this Part by this section) in the same way as it applies to proceedings under those Parts apart from this section.\n> \n> > (6) The applied enforcement provisions have effect subject to such modifications as are prescribed by this Part or the regulations.\n> \n> > (7) Nothing in this section authorises the Industrial Court of New South Wales to transfer any proceedings under this Act to a Local Court constituted by an Industrial Local Court Judge sitting alone unless the no net detriment principles have been set and published under section 5.\n> \n> > (8) Unless the regulations provide otherwise, nothing in this section prevents the application of provisions of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) that would be applicable to a matter arising under this Part (including the exercise of a function conferred or imposed on the Commission by or under this Part) apart from this section.\n> > \n> > Note.\n> > \n> > For example, nothing in this section limits the application of the provisions of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) dealing with the constitution of the Commission, its practice and procedure and appeals from its decisions.\n> \n> **s 16:** Am 2016 No 48, Sch 2.21 \\[4\\]; 2023 No 41, Sch 2.20\\[5\\]; 2025 No 61, Sch 2.53\\[1\\] \\[2\\].","sortOrder":21},{"sectionNumber":"Part 3","sectionType":"part","heading":"Unfair dismissal of children by constitutional corporations","content":"# Part 3 Unfair dismissal of children by constitutional corporations\n\nPart 3 Unfair dismissal of children by constitutional corporations","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"Unfair dismissal of children employed by constitutional corporations","content":"#### 17 Unfair dismissal of children employed by constitutional corporations\n\n17 Unfair dismissal of children employed by constitutional corporations\n\n> > (1) This section applies to any dismissal by a constitutional corporation, on or after the introduction day, of a child from employment by the corporation.\n> \n> > (2) The following provisions of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) and the regulations made under that Act apply to and for the purposes of any dismissal of a child from employment to which this section applies (the applied unfair dismissal provisions)—\n> > \n> > > (a) Part 6 (Unfair dismissals) of Chapter 2, other than section 83 (1A),\n> > \n> > > (b) section 181 (2) (c) and (c1),\n> > \n> > > (c) any other provision prescribed by the regulations.\n> \n> > (3) Accordingly, the applied unfair dismissal provisions have effect as if they formed part of this Act.\n> \n> > (4) For the purposes of the application of the applied unfair dismissal provisions (but without limiting subsection (6)), a reference in the applied unfair dismissal provisions—\n> > \n> > > (a) to employment is to be read as a reference to employment of a child by a constitutional corporation, and\n> > \n> > > (b) to an employer is to be read as a reference to an employer that is a constitutional corporation, and\n> > \n> > > (c) to employees is to be read as a reference to children who are employed by a constitutional corporation, and\n> > \n> > > (d) to proceedings under Part 6 of Chapter 2 is to be read as a reference to proceedings under Part 2 of that Chapter (as applied by this section to and for the purposes of any dismissal of a child from employment to which this section applies), and\n> > \n> > > (e) to an industrial instrument is to be read as a reference to a State industrial instrument,\n> > \n> > as the case requires.\n> \n> > (5) Section 153 (1) of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) applies to proceedings under Part 6 of Chapter 2 of that Act (as applied by this section to and for the purposes of any dismissal of a child from employment to which this section applies) in the same way as it applies to proceedings under that Part apart from this section.\n> \n> > (6) The applied unfair dismissal provisions have effect subject to such modifications as are prescribed by this Part or the regulations.\n> \n> > (7) Unless the regulations provide otherwise, nothing in this section prevents the application of provisions of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) that would be applicable to a matter arising under this Part (including the exercise of a function conferred or imposed on the Commission by or under this Part) apart from this section.\n> > \n> > Note.\n> > \n> > For example, nothing in this section limits the application of the provisions of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) dealing with the constitution of the Commission, its practice and procedure and appeals from its decisions.","sortOrder":23},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":24},{"sectionNumber":"18","sectionType":"section","heading":"Act to bind Crown","content":"#### 18 Act to bind Crown\n\n18 Act to bind Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.","sortOrder":25},{"sectionNumber":"19","sectionType":"section","heading":"Relationship with other legislation","content":"#### 19 Relationship with other legislation\n\n19 Relationship with other legislation\n\n> The provisions of this Act are in addition to, and do not derogate from, the provisions of the following legislation with respect to the employment of children to the extent that the provisions of such legislation would apply to such employment apart from this Act—\n> \n> > (a) the industrial relations legislation,\n> \n> > (b) the [Industrial Relations (Ethical Clothing Trades) Act 2001](/view/html/inforce/current/act-2001-128),\n> \n> > (c) the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025),\n> \n> > (d) the [Apprenticeship and Traineeship Act 2001](/view/html/inforce/current/act-2001-080),\n> \n> > (e) a statutory rule made under an Act referred to in paragraph (b), (c) or (d),\n> \n> > (f) any other Act or statutory rule prescribed by the regulations.\n> \n> **s 19:** Am 2019 No 25, Sch 5.24.","sortOrder":26},{"sectionNumber":"20","sectionType":"section","heading":"Giving of notices and other documents","content":"#### 20 Giving of notices and other documents\n\n20 Giving of notices and other documents\n\n> > (1) For the purposes of this Act, a notice or other document may be given to a person (or a notice or other document may be served on a person)—\n> > \n> > > (a) in the case of a natural person—\n> > > \n> > > > (i) by delivering it to the person personally, or\n> > > \n> > > > (ii) by sending it by post to the address specified by the person for the giving or service of documents or, if no such address is specified, the residential or business address of the person last known to the person giving or serving the document, or\n> > > \n> > > > (iii) by sending it by facsimile transmission to the facsimile number of the person, or\n> > \n> > > (b) in the case of a body corporate—\n> > > \n> > > > (i) by leaving it with a person apparently of or above the age of 16 years at, or by sending it by post to, the head office, a registered office or a principal office of the body corporate or to an address specified by the body corporate for the giving or service of documents, or\n> > > \n> > > > (ii) by sending it by facsimile transmission to the facsimile number of the body corporate.\n> \n> > (2) Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on a person in any other manner.","sortOrder":27},{"sectionNumber":"21","sectionType":"section","heading":"Regulations","content":"#### 21 Regulations\n\n21 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 22 Savings, transitional and other provisions\n\n22 Savings, transitional and other provisions\n\n> Schedule 1 has effect.","sortOrder":29},{"sectionNumber":"23","sectionType":"section","heading":null,"content":"#### 23\n\n23 (Repealed)","sortOrder":30},{"sectionNumber":"24","sectionType":"section","heading":"Review of Act","content":"#### 24 Review of Act\n\n24 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":32},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 1 Savings, transitional and other provisions\n\nSchedule 1 Savings, transitional and other provisions\n\n(Section 22)","sortOrder":33}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose. It was enacted specifically to protect children employed by constitutional corporations not covered by State awards, and it remains focused on that narrow gap-filling role. The amendments shown (2007, 2016, 2019, 2023, 2025) appear to be machinery updates (court name changes, website publication, cross-reference updates) rather than substantive expansion of scope."},"complexity_factors":["Extensive cross-referencing to the Industrial Relations Act 1996 — entire enforcement mechanisms are 'applied' by reference rather than set out in full","Nested conditional logic in section 4: the 'no net detriment' test requires comparing actual conditions against hypothetical award conditions, with subjective judicial assessment","Dual enforcement pathways — criminal offences, civil penalties, and compliance notices operate in parallel with complex interaction rules (sections 11-14)","27 defined terms in section 3, many incorporating definitions from other statutes (Corporations Act 2001, Industrial Relations Act 1996, A New Tax System Act)","Constitutional law concepts embedded throughout ('constitutional corporation', paragraph 51(xx) corporations power) requiring understanding of federal/state jurisdictional boundaries","Applied provisions mechanism in sections 16 and 17 requires readers to mentally substitute defined terms when reading the Industrial Relations Act 1996","Temporal triggers creating different regimes: employment agreements entered 'on or after 27 March 2006' vs 'on or after the introduction day' for different parts","Delegated legislative framework — critical operational details left to regulations (record-keeping forms, compliance notice procedures, appeal time limits)"],"plain_english_summary":"**What this law does:**\n\nThis Act protects children under 18 who work for certain large companies (called \"constitutional corporations\" — basically big businesses like banks, mining companies, or national retailers that fall under Commonwealth constitutional power). It makes sure these kids get fair pay and conditions, and protects them from unfair dismissal.\n\n**Who it affects:**\n\n- **Children under 18** employed by big national companies (not small local businesses)\n- **Employers** that are \"constitutional corporations\" — typically large trading, financial, or foreign companies\n- **Parents and guardians** of working children\n\n**The key protections:**\n\n1. **Minimum conditions of employment** — If a big company employs a child but isn't covered by a NSW industrial award, the employer must either:\n   - Give the child the same pay and conditions as similar workers covered by a NSW award, OR\n   - Provide conditions that are \"no net detriment\" — meaning overall, the child isn't worse off\n\n2. **\"No net detriment\" principles** — The Industrial Relations Commission must set rules explaining how to judge whether a child's overall package is fair. Some conditions (like safety protections) are so important that missing them automatically counts as a \"detriment.\"\n\n3. **Record-keeping** — Employers must keep detailed records about child workers (hours, pay, age, etc.) for at least 6 years.\n\n4. **Displaying award information** — Employers must put up a copy of the relevant award in the workplace.\n\n5. **Compliance notices** — Government inspectors can issue formal warnings requiring employers to fix problems within at least 14 days. Employers can appeal these to the Industrial Court.\n\n6. **Penalties** — Breaking the rules can mean fines up to $10,000 (civil penalties) or criminal charges for serious offences like refusing to comply with a compliance notice (up to 100 penalty units).\n\n7. **Unfair dismissal protection** — Children fired by big companies can claim unfair dismissal under the same rules as adult workers.\n\n**Why it matters:**\n\nThis law fills a gap. Big national companies sometimes aren't covered by NSW industrial awards, which left child workers vulnerable to exploitation. This Act ensures kids working for major corporations still get basic protections — fair pay, safe conditions, and recourse if they're sacked unfairly. It's about preventing exploitation of young workers who might not know their rights or feel powerless to speak up.\n\n**Important note:** This doesn't replace other child protection laws — it works alongside them (education laws, safety laws, child protection laws)."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The text as provided defines the Act's scope clearly: Part 2 applies to children employed under agreements or arrangements entered on or after 27 March 2006 by constitutional corporations not bound by a State industrial instrument where a comparable State award exists (s 4(1)); Part 3 applies unfair dismissal provisions to dismissals of children by constitutional corporations from the introduction day (s 17(1)). The Act itself creates the comparative \"no net detriment\" test and delegates the setting of guiding principles to the Commission (s 4(2)(b), s 5). Nothing in the supplied text indicates that the Act’s scope has been altered from its own definitions or that the operative coverage set out in its provisions has been changed."},"complexity_factors":["Multiple jurisdictional and temporal limits — applies only to constitutional corporations not bound by State industrial instruments and to agreements entered on or after 27 March 2006 (s 4(1)).","Extensive cross-references and incorporation of provisions from the Industrial Relations Act 1996 for enforcement, procedure and evidence (s 16).","The substantive standard is comparative (\"no net detriment\") which depends on principles set by the Commission and judicial evaluation, creating interpretive uncertainty (s 4(2)(b), s 5).","Several enforcement layers and remedies coexist: compliance notices by inspectors (s 8–10), criminal penalties for noncompliance (s 11), civil penalties decided by the Industrial Court (s 15), and ordinary recovery/inspection powers applied by reference (s 16).","Discretion concentrated in inspectors (opinion-based issuance of notices) and in the Commission (setting no net detriment principles) with judicial oversight (s 8, s 5, s 15).","Record-keeping and display obligations with specified form, retention periods and penalties add regulatory detail and compliance obligations (s 6, s 7).","Regulatory modification power — many aspects may be altered or clarified by regulations, meaning substantive effect can depend on delegated instruments (s 16(6); s 21).","Appeal and stay rules that do not automatically suspend enforcement actions increase procedural complexity (s 12(2))."],"plain_english_summary":"What this law does (mechanics first)\n\n- The Act requires certain employers to make sure children (anyone under 18) receive at least the minimum employment conditions that would apply under a comparable State award (see s 4). Those minimum conditions are the terms in the comparable State award and any other industrial-relations provisions that would apply if the employer were bound by that award (s 4(3)).\n\n- The rule in Part 2 applies only where all three conditions in s 4(1) are met: the child’s agreement or arrangement started on or after 27 March 2006; the employer is a constitutional corporation and is not bound by a State industrial instrument for that child; and there is a State award covering similar work but the employer is not bound by that award (s 4(1)).\n\n- Inspectors may issue compliance notices requiring remedy of contraventions (s 8). Notices must give reasons, state appeal rights and normally allow at least 14 days to comply (s 8(2)–(4)). Inspectors can include directions or give the employer choices about how to remedy the problem (s 9). An inspector may withdraw a notice if issued in error (s 10).\n\n- Failing to comply with a compliance notice without reasonable excuse is a criminal offence (max 100 penalty units) (s 11). An employer must display a copy of the comparable State award at the workplace (penalty: 10 penalty units) (s 6). Employers must also keep detailed employment records for each covered child for at least 6 years (penalty: 20 penalty units) (s 7).\n\n- Employers can appeal compliance notices to the Industrial Court, but an appeal does not automatically stay the notice unless the Court orders otherwise (s 12(1)–(3)). The Industrial Court decides whether there has been a net detriment and can order civil penalties for contraventions (up to $10,000) (s 15). Civil-penalty proceedings may be brought by an inspector within 6 years of the contravention (s 15(2)–(3)).\n\n- The Commission (Full Bench) must set \"no net detriment principles\" to guide courts in deciding whether conditions provided to a child result in a net detriment compared to the minimum conditions (s 5(1)). The Full Bench must consider the industries and awards involved, other legislation affecting children’s employment, and laws relevant to child well‑being (s 5(2)). Those principles must be reviewed at least every 3 years and published (s 5(4), (7)).\n\n- The Act imports many enforcement, evidentiary and procedure provisions from the Industrial Relations Act 1996 so that normal inspector powers, recovery processes and court procedures apply here (s 16).\n\n- Separately, Part 3 applies unfair dismissal rules from the Industrial Relations Act to dismissals of children by constitutional corporations (s 17).\n\nWho this affects and who pays\n\n- The immediate legal obligations fall on \"affected employers\": constitutional corporations who employ children under agreements from 27 March 2006 and who are not bound by a relevant State industrial instrument (s 4(1); defined in s 3). Those employers must provide either the minimum conditions or demonstrate no net detriment (s 4(2)).\n\n- Employers bear direct monetary risk: civil penalties up to $10,000 for contravening s 4 (s 15); criminal penalties for failing to comply with compliance notices (s 11); smaller penalty units for exhibition and record-keeping breaches (s 6, s 7). Employers also bear compliance costs (see next section).\n\nWho decides and what discretion exists\n\n- Inspectors decide (on their opinion) whether to issue a compliance notice (s 8). The Full Bench of the Commission decides the \"no net detriment principles\" that courts must follow (s 5). The Industrial Court determines whether a net detriment exists and sets civil penalties (s 4(4), s 15). The Director-General may authorise another inspector to withdraw notices (s 10).\n\nCompliance burden, costs and incentives (mechanisms, not judgements)\n\n- Record-keeping and display requirements create ongoing administrative costs: specified data for each child must be retained for at least 6 years (s 7(1), (3)). Employers must exhibit the comparable State award at workplace premises (s 6).\n\n- Employers face stepped enforcement: an inspector may give a remedial notice (s 8–9); failing to comply may lead to criminal liability (s 11); the Industrial Court may impose civil penalties up to $10,000 for breaches of the minimum-conditions rule (s 15). These layers change the expected cost of non-compliance.\n\n- The Act’s substantive obligation is comparative: an employer may provide different conditions so long as, when compared to the minimum conditions, the differences do not result in a net detriment to the child (s 4(2)(b)). The judicial assessment of \"net detriment\" is guided by principles the Full Bench sets (s 5). That creates legal uncertainty until those principles are set and applied in cases.\n\nImplementation risks, interaction with other laws and process limits\n\n- The operation of Part 2 depends on the Commission setting and publishing the no net detriment principles; until those principles exist, certain procedural steps (for example transfers described in s 3 definitions) are constrained (s 5(7); s 16(7)).\n\n- The Act explicitly preserves and supplements other laws about child employment; it does not remove obligations under other industrial or child‑welfare statutes (s 19).\n\n- Appeals to the Industrial Court do not automatically stay compliance notices (s 12(2)). The Act also imports many procedural provisions of the Industrial Relations Act for enforcement, evidence and appeals (s 16).\n\nTiming and review\n\n- Part 2’s commencement is by proclamation (s 2(2)). The Full Bench must publish initial no net detriment principles within 6 months after the section’s commencement (s 5(8)). The Minister must review the Act about 5 years after assent and table a report within 12 months after that 5-year period (s 24).\n\nBottom line (mechanical effect):\n- The Act extends minimum‑condition protections and unfair dismissal rules to children employed by constitutional corporations that would otherwise fall outside State award coverage. It uses a comparative test (no net detriment) rather than prescribing identical terms in every case (s 4). Enforcement is a mix of inspector-issued compliance notices, criminal penalties for ignoring notices, and civil penalties adjudicated by the Industrial Court (s 8–11, s 15)."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata only, there is no evidence of a fundamental shift in scope from the original 2006 intent. The Act has been amended seven times, suggesting refinement and updating of its provisions rather than a wholesale change in purpose. It remains focused on regulating child employment within NSW's industrial relations framework. A full scope assessment would require the complete legislative text."},"complexity_factors":["Multiple amendments over nearly 20 years (2006–2026) create layered versions that employers and workers must navigate carefully","Intersects with multiple legal frameworks — child protection law, education law, and federal workplace law — requiring cross-referencing","Distinction between different categories of child employment (e.g. age thresholds, industries, parental consent) likely adds nuance","Only metadata was provided — the actual substantive provisions are unavailable for analysis, limiting certainty about true complexity","Dual regulatory responsibility between state industrial relations and child welfare agencies adds administrative complexity"],"plain_english_summary":"## Industrial Relations (Child Employment) Act 2006 (NSW)\n\n**What is this law?**\nThis is a New South Wales law that sets rules around the employment of children. It sits under the broader industrial relations (workplace law) framework and is overseen by the NSW Minister for Industrial Relations.\n\n**Who does it affect?**\n- **Children** under working age who are employed or seeking work in NSW\n- **Employers** who hire or wish to hire children\n- **Parents and guardians** of working children\n\n**Why does it matter?**\nChild employment laws exist to protect young people from exploitation, unsafe working conditions, and arrangements that could harm their health, education, or wellbeing. This Act establishes the legal framework governing when, how, and under what conditions children can be employed in NSW.\n\n**Important note:** The legislation has been amended multiple times since it was first passed in 2006 — most recently in March 2026 — meaning the rules have evolved over time. The current version has been in force since **28 March 2026**.\n\n> ⚠️ *The text provided only contains the metadata and navigation structure of the legislation — not the actual substantive provisions (the detailed rules). A full analysis of what the law specifically requires would need the complete text of the Act itself.*"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/industrial-relations-child-employment-act-2006","history":"/api/acts/industrial-relations-child-employment-act-2006/history","analysis":"/api/acts/industrial-relations-child-employment-act-2006/analysis","conflicts":"/api/acts/industrial-relations-child-employment-act-2006/conflicts","importantCases":"/api/acts/industrial-relations-child-employment-act-2006/important-cases","documents":"/api/acts/industrial-relations-child-employment-act-2006/documents"}}