Child Employment Act 2003

18B Record keeping by employers 39

19 Supervision of children in employment 40

19AA Supervision of children during auditions etc. 42

Division 2A—Worker Screening Act 2020 43

19A Application of Worker Screening Act 2020 43

19B Exemptions from WWC check 46

Division 3—General conditions of employment 49

20 Condition 1—light work 49

21 Condition 2—hours of work 50

22 Condition 3—rest breaks 50

23 Contravention of conditions 51

Division 4—Employment in family businesses 52

24 When may a child be employed in a family business? 52

25 Provisions that do not apply to employment in family businesses 52

26 Supervision in family businesses 52

Division 5—Employment in entertainment 53

27 When may a child be employed in entertainment? 53

28 Provisions that do not apply to employment in entertainment 53

29 Mandatory code of practice 54

30 What will the mandatory code contain? 54

31 How is the mandatory code made? 54

32 Effect of the mandatory code 54

33 Variation and revocation of the mandatory code 55

34 Availability of the mandatory code 55

Part 3—Criminal liability of employer representatives and nominated officers 56

35 Contravention of minimum age for employment 56

36 Contravention of employment of children during school hours 56

36A Contravention in relation to prohibited employment 57

36B Contravention in relation to prohibited conduct in entertainment 57

36C Contravention of licence conditions 58

36D Contravention of adequate supervision of children in employment 58

36E Contravention of condition of employment 59

36F Contravention of the mandatory code 59

36G Contravention of directions 60

36H Contraventions in relation to producing documents and giving information 60

36I Employer representatives or nominated officers may commit offences regardless of whether licence holders prosecuted 61

Part 4—Compliance 62

Division 1—Authorised officers 62

38 Appointment of authorised officers 62

39 Identity cards 63

40 Police to assist authorised officers 64

41 When may powers be exercised? 64

42 Power of entry 65

43 Powers on entry 67

43A Power to give directions 68

44 Power to require information or documents 69

45 Retention of documents 70

45A Infringement notices 70

46 Confidentiality 70

Division 1A—Compliance notices 72

46A Compliance notices 72

46B Form and content of compliance notices 72

46C Person must comply with a compliance notice 73

46D Effect of compliance notice 73

Division 2—Offences 75

47 Offences relating to failing to produce documents, hindering authorised officers and giving false or misleading information 75

48 Protection against self-incrimination 76

49 Impersonating authorised officers 77

49A Who can prosecute under this Act? 77

49B Judicial notice 78

50 Proceedings for offences to be brought in Industrial Division of the Magistrates' Court 79

50A Offences by bodies corporate 79

50B Conduct by officers, employees or agents 80

51 Offences by unincorporated associations 81

Division 3—Additional compliance functions of Workforce Inspectorate Victoria 81

51A Additional compliance functions of the Workforce Inspectorate Victoria 81

Part 5—General 82

52 Delegation 82

53 Regulations 82

Part 6—Repeals, amendments and transitional provisions 84

Division 1—Child Employment Amendment Act 2010 84

54 Existing permits and applications 84

55 Existing police checks and declarations 84

Division 2—Industrial Relations Legislation Amendment Act 2021 87

56 Transitional provisions—Industrial Relations Legislation Amendment Act 2021 87

Division 3—Child Employment Amendment Act 2022 90

57 Information and documents required 90

58 Retention of documents 91

59 Work experience arrangements 91

60 Applications for permits that are on foot 92

61 Application of this Act to certain permits 92

62 Compliance notices that are on foot 93

Endnotes 95

1 General information 95

2 Table of Amendments 97

3 Explanatory details 101

Version No. 028

Child Employment Act 2003

No. 81 of 2003

Version incorporating amendments as at

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

S. 1 substituted by No. 26/2010 s. 4.

1 Purposes

The main purposes of this Act are to—

(a) regulate the employment of children under the age of 15 years;

S. 1(b) substituted by No. 27/2022 s. 4(1).

(b) protect those children from performing work that—

(i) could be harmful to their health, safety, wellbeing or development; or

(ii) could prejudice their attendance at school or their capacity to benefit from instruction;

S. 1(c) amended by No. 27/2022 s. 47(a).

(c) provide a system of licences to allow the employment of children under the age of 15 years;

S. 1(d) amended by No. 27/2022 s. 47(b).

(d) allow children under the age of 15 years to work in family businesses without a licence;

S. 1(e) amended by No. 34/2020 s. 163.

(e) provide for the supervision of children in employment by persons with a current WWC clearance under the Worker Screening Act 2020;

(f) set out general conditions of employment for children under the age of 15 years;

(g) provide for a mandatory code of practice for the employment of children under the age of 15 years in the entertainment industry;

(h) prohibit the employment of children under the age of 15 years in certain kinds of work;

(i) empower the Governor in Council to declare kinds of employment prohibited for children under the age of 15 years;

(j) set out offences;

S. 1(k) substituted by No. 27/2022 s. 4(2).

(k) provide for the appointment of authorised officers and for their powers and functions.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 July 2004, it comes into operation on that day.

3 Definitions

In this Act—

S. 3 def. of adult inserted by No. 27/2022 s. 5(3).

adult means a person who is 18 years of age or older;

S. 3 def. of assessment notice inserted by No. 26/2010 s. 5(1), repealed by No. 34/2020 s. 164(c).

S. 3 def. of authorised officer inserted by No. 27/2022 s. 5(1).

authorised officer means a person appointed under section 38;

child means a person under 15 years of age;

S. 3 def. of child employment law inserted by No. 27/2022 s. 5(1).

child employment law means any of the following—

(a) a provision of this Act or the regulations;

(b) the Child Safe Standards;

S. 3 def. of child employment officer repealed by No. 27/2022 s. 5(4).

S. 3 def. of Child Safe Standards inserted by No. 27/2022 s. 5(1).

Child Safe Standards has the same meaning as it has in section 3(1) of the Child Wellbeing and Safety Act 2005;

S. 3 def. of compliance notice inserted by No. 27/2022 s. 5(1).

compliance notice means a compliance notice issued under section 46A;

S. 3 def. of declaration of suitability repealed by No. 26/2010 s. 5(4).

S. 3 def. of Department amended by Nos 43/2012 s. 3(Sch. item 4.1), 70/2013 s. 4(Sch. 2 item 8.1), 14/2021 s. 3(b).

Department means Department of Premier and Cabinet;

S. 3 def. of door-to-door selling amended by Nos 26/2010 s. 5(2), 72/2010 s. 48(Sch. item 4).

door-to-door selling, in relation to a child, means selling by the child of any goods or services at any premises other than premises occupied by the child's employer, and includes the child making an unsolicited consumer agreement within the meaning of the Australian Consumer Law (Victoria) with a purchaser, but does not include selling by the child of goods or services to raise funds for a non-profit organisation if the child is directly engaged by that organisation;

S. 3 def. of employ amended by No. 27/2022 s. 5(5).

employ has the meaning given by section 4B;

S. 3 def. of employer amended by No. 27/2022 s. 5(5).

employer has the meaning given by section 4B;

S. 3 def. of employer representative inserted by No. 27/2022 s. 48(a).

employer representative, for an applicant or a licence holder, means a person who is nominated in relation to the licence under section 13(4) or 18AE(3)(d);

employment has the meaning given by section 4;

S. 3 def. of entertainment amended by No. 26/2010 s. 5(3).

entertainment means any form of entertainment and includes—

(a) singing, dancing or acting;

(b) playing a musical instrument;

(c) appearing in a radio, television, film or Internet program or production, or any similar program or production;

(d) modelling;

(e) appearing in promotional events or advertising;

(f) working as a photographic subject, whether still or moving;

(g) working in or in relation to a circus;

(h) taking part in a performance that is recorded for use in a subsequent entertainment or exhibition;

(i) working in musical theatre, plays, operas or other live entertainment;

(j) performing in a shopping centre;

(k) preparatory activities to the entertainment except—

(i) screen tests before the child is booked for the entertainment; and

(ii) casting walk-ons;

Examples

Examples of preparatory activities include wardrobe fittings, rehearsals, shoots, promotional activities, sound recordings and re‑shoots.

S. 3 def. of entertainment licence inserted by No. 27/2022 s. 48(a).

entertainment licence means a licence to employ children in entertainment;

S. 3 def. of extended family member repealed by No. 26/2010 s. 5(4).

S. 3 def. of family business amended by No. 27/2022 s. 5(6)(b).

family business, in relation to a child, means a business, trade or occupation carried on by the child's parent or another person who has parental responsibility for the child;

S. 3 def. of general licence inserted by No. 27/2022 s. 48(a).

general licence means a licence other than an entertainment licence;

S. 3 def. of guardian inserted by No. 26/2010 s. 5(1), amended by No. 61/2014 s. 163.

guardian, in relation to a child*,* means a person on whom parental responsibility for the child has been conferred (whether alone or with another person or persons) under the Children, Youth and Families Act 2005 or any other Act or law of a State or Territory or the Commonwealth;

inland waters means—

(a) any swamp or lake;

(b) any waterway, channel or anabranch from its mouth to its source and any inlet, backwater or lagoon connected with it;

(c) any other lagoon, backwater, anabranch or billabong;

(d) any reservoir, dam, tank, channel or works for water storage or distribution;

(e) any other waters declared by regulations under the Fisheries Act 1995 to be inland waters for the purposes of that Act;

S. 3 def. of licence inserted by No. 27/2022 s. 48(a).

licence means a licence issued under Division 2 of Part 2;

S. 3 def. of licence holder inserted by No. 27/2022 s. 48(a).

licence holder means a person who holds a licence;

light work has the meaning given by section 5;

lock-up stage means the stage when a building's external wall cladding and roof covering is fixed, the flooring is laid and external doors and external windows are fixed (even if those doors or windows are only temporary);

S. 3 def. of low-risk sporting activity inserted by No. 27/2022 s. 5(2).

low-risk sporting activity means a sporting activity other than—

(a) martial arts; or

(b) horse riding; or

(c) gym instruction; or

(d) a sporting activity with a high risk of injury that is prescribed;

mandatory code means the code of practice made under section 29 for the employment of children in entertainment;

S. 3 def. of nominated officer inserted by No. 27/2022 s. 48(a).

nominated officer, for an applicant or a licence holder, means a person who is nominated in relation to the licence under section 13(3) or 18AE(3)(c);

non-profit organisation means an organisation established for any cultural or charitable purpose, the constitution of which prohibits the distribution of profits to the individual members of the organisation;

S. 3 def. of officer inserted by No. 26/2010 s. 5(1).

officer—

(a) in relation to a body corporate that is a corporation within the meaning of the Corporations Act, has the same meaning as in section 9 of that Act; and

(b) in relation to any other body corporate, means any person (by whatever name called) who is concerned or takes part in the management of the body corporate;

S. 3 def. of parent amended by No. 48/2006 s. 42(Sch. item 5).

parent has the same meaning as in the Children, Youth and Families Act 2005;

S. 3 def. of parental responsibility inserted by No. 27/2022 s. 5(6)(a).

parental responsibility has the same meaning as in section 3(1) of the Children, Youth and Families Act 2005;

S. 3 def. of permit repealed by No. 27/2022 s. 48(b).

person includes an unincorporated association;

S. 3 def. of police check repealed by No. 26/2010 s. 5(4).

S. 3 def. of police custody officer inserted by No. 2/2024 s. 3.

police custody officer has the same meaning as in the Victoria Police Act 2013;

S. 3 def. of police custody officer supervisor inserted by No. 2/2024 s. 3.

police custody officer supervisor has the same meaning as in the Victoria Police Act 2013;

S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 16.1).

police officer has the same meaning as in the Victoria Police Act 2013;

prohibited employment means any kind of employment that is prohibited by section 12;

S. 3 def. of protective services officer inserted by No. 27/2022 s. 5(7).

protective services officer has the same meaning as it has in section 3(1) of the Victoria Police Act 2013;

public place means any open place that is used by the public, or to which the public has access, whether or not on payment of money, whether or not the place is ordinarily so used and whether or not the public consists only of a limited class of people;

Examples

Examples of public places include—

(a) streets, roads, footpaths and passages (whether or not on private property);

(b) forecourts of public and commercial buildings;

(c) carparks;

(d) parks, gardens and recreation reserves;

(e) racecourses and sports grounds;

S. 3 def. of registered pharmacist substituted by No. 80/2004 s. 150(Sch. 2 item 1), amended by No. 97/2005 s. 182(Sch. 4 item 8), substituted by No. 13/2010 s. 51(Sch. item 10).

registered pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);

S. 3 def. of school day amended by No. 24/2006 s. 6.1.2(Sch. 7 item 4.1(a)).

school day has the same meaning as in the Education and Training Reform Act 2006;

school hours means the hours that a school requires a child to attend on any school day;

S. 3 def. of school term amended by No. 24/2006 s. 6.1.2(Sch. 7 item 4.1(b)).

school term means—

(a) in relation to a Government school within the meaning of the Education and Training Reform Act 2006—the term as set by the Minister administering Part II of that Act;

(b) in relation to any other school—the term as set by the school;

Secretary means Secretary to the Department;

sell includes offer for sale and expose for sale;

S. 3 def. of street trading amended by No. 34/2020 s. 164(b).

street trading means selling anything in a public place;

S. 3 def. of Wage Inspectorate Victoria inserted by No. 14/2021 s. 3(a), substituted as Workforce Inspectorate Victoria by No. 35/2025 s. 41.

Workforce Inspectorate Victoria means the Workforce Inspectorate Victoria established under section 19 of the Workforce Inspectorate Victoria Act 2020;

S. 3 def. of workplace law inserted by No. 27/2022 s. 48(a).

workplace law has the same meaning as it has in section 3 of the Labour Hire Licensing Act 2018;

S. 3 def. of WWC check inserted by No. 34/2020 s. 164(a).

WWC check has the same meaning as in the Worker Screening Act 2020;

S. 3 def. of WWC clearance inserted by No. 34/2020 s. 164(a).

WWC clearance has the same meaning as in the Worker Screening Act 2020.

S. 4
amended by No. 24/2006 s. 6.1.2(Sch. 7 item 4.2), substituted by Nos 26/2010 s. 6, 27/2022 s. 6.

4 What is employment?

(1) For the purposes of this Act, a child is engaged in employment if the child performs work under a contract of service or a contract for services (whether written or unwritten).

S. 4(2) substituted by No. 27/2022 s. 46.

(2) For the purposes of this Act, a child is also engaged in employment if—

(a) the child performs work, other than under a contract referred to in subsection (1), in—

(i) a business, trade or occupation (whether or not the child receives payment or other reward for performing that work) for the benefit of—

(A) the business; or

(B) a person involved in the business, trade or occupation; or

(ii) a non-profit organisation (whether or not the child receives payment or other reward for performing that work) for the benefit of—

(A) the non-profit organisation; or

(B) a person involved in the non‑profit organisation; and

(b) the child is subject to directions about how the child's work is performed.

(3) A benefit referred to in subsection (2) may be of a financial or non-financial nature.

(4) In determining whether a child is performing work referred to in subsection (2), whether the work would commonly attract payment may be taken into account.

(5) Despite subsections (1) and (2), a child is not engaged in employment if the child performs work that is constituted only by an activity specified in section 4A.

S. 4A inserted by No. 27/2022 s. 7.

4A Activities that are not employment

(1) For the purposes of section 4(5), the following activities are specified—

(a) participating in a church, religious service or religious program;

(b) participating in a project or entertainment the net proceeds of which are applied for the benefit of—

(i) a church; or

(ii) any other religious body; or

(iii) an institution that is established for public worship;

(c) participating in a project or entertainment for the benefit or as part of the activities of a school if the child—

(i) is enrolled at the school; and

(ii) is under the direction or control of the school;

(d) participating in work under a training contract within the meaning of the Education and Training Reform Act 2006;

(e) undertaking domestic activities (including babysitting services) on an occasional or casual basis at residential premises if the child is the only person who will seek or obtain a financial benefit for that employment or engagement;

(f) undertaking tutoring activities on an occasional or casual basis if the child is the only person who will seek or obtain a financial benefit for that employment or engagement;

(g) being recorded (whether the recording is audio or audio visual) for the purposes of a specified program if the child—

(i) is not being recorded as the presenter of the specified program; and

(ii) is not being given directions about how to appear or what to say by a director or producer of the specified program or a person making the recording;

(h) being recorded (whether the recording is audio or audio visual) for the purposes of any program if the child is in a public place and is providing a spontaneous reply or opinion in response to a question;

(i) performing work in relation to a low‑risk sporting activity, including coaching, refereeing or umpiring;

(j) any activity or arrangement prescribed not to be employment.

(2) In this section—

specified program means a news, current affairs, lifestyle, documentary or education program, but does not include a reality program.

S. 4B inserted by No. 27/2022 s. 7.

4B When does a person employ a child and who is an employer?

(1) For the purposes of this Act, a person is taken to employ a child and to be the employer of a child if—

(a) the person engages the child under a contract referred to in section 4(1); or

(b) the person engages the child to perform work referred to in section 4(2).

(2) Despite subsection (1), a person is not taken to employ a child or to be an employer of a child if the person is in a class of persons prescribed by the regulations.

S. 5 substituted by No. 26/2010 s. 7.

5 What is light work?

(1) For the purposes of this Act, light work means work or any other activity that—

S. 5(1)(a) amended by No. 27/2022 s. 8.

(a) is not likely to be harmful to a child's health, safety, wellbeing or development; and

(b) is not such as to prejudice the child's attendance at school or the child's capacity to benefit from instruction.

(2) For the purposes of subsection (1), the following types of work or activity are to be considered likely to be harmful to a child's health or safety unless the risk of harm arising from the work or activity is managed to minimise the risk—

(a) repetitive bending, twisting or lifting;

(b) manually lifting heavy items;

(c) working with or near cooking or any other equipment that may produce high temperatures;

(d) working with sharp instruments or equipment, power operated tools and any other dangerous equipment;

(e) working near moving vehicles;

(f) working at heights;

(g) working with uncontrolled animals;

(h) working in extreme weather conditions.

(3) Subsection (2) does not limit the types of work or activity that may be considered light work under this section.

S. 5(4) amended by No. 27/2022 s. 8.

(4) In determining whether or not any work or activity is light work or is likely to be harmful to a child's health, safety, wellbeing or development, consideration must be given to—

(a) the child's age, sex and physical and emotional development and maturity; and

(b) the nature and management of the work or activity and the nature and environment of the workplace where the work or activity is, or is to be, performed.

S. 6 (Heading) substituted by No. 27/2022 s. 9.

S. 6
amended by Nos 26/2010 s. 8, 27/2022 s. 49 (ILA s. 39B(1)).

6 Supervisors in relation to entertainment

(1) A reference in this Act to a person who has or will have supervision of a child includes, in the case of employment in entertainment, a person who tutors or chaperones, or will tutor or chaperone, the child in that employment.

S. 6(2) inserted by No. 27/2022 s. 49.

(2) Nothing in this Act prevents a person who is an employer representative for a licence holder having the supervision of a child employed under the licence.

7 Act binds the Crown

This Act binds the Crown in right of Victoria and, so far as the legislative power of Parliament permits, the Crown in all its other capacities.

Part 2—Employment of children

Division 1—When may children be employed?

S. 8
amended by No. 24/2006 s. 6.1.2(Sch. 7 item 4.3), substituted by No. 26/2010 s. 9.

8 When may a child be employed?

A child may be employed—

S. 8(a) amended by No. 27/2022 s. 50.

(a) in accordance with a licence and with the prior written consent of the parent or guardian of the child; or

(b) in a family business, in accordance with Division 4.

A child may also be employed in accordance with a work experience arrangement under Part 5.4 of the Education and Training Reform Act 2006—see section 5.4.11 of that Act.

S. 9 (Heading) amended by No. 27/2022 s. 51(1).

9 Employment without a licence

S. 9(1)
amended by Nos 26/2010 s. 10(a), 27/2022 s. 10, substituted by No. 27/2022 s. 51(2).

(1) A person must not employ a child unless the person holds a licence that authorises that employment.

S. 9(2) amended by No. 27/2022 s. 51(3).

(2) A parent or guardian of a child must not allow the child to engage in employment unless the person who employs the child holds a licence that authorises the employment.

1. 10 penalty units.

(3) Subsections (1) and (2) do not apply to the employment of a child in a family business.

Note to s. 9 substituted by No. 24/2006 s. 6.1.2(Sch. 7 item 4.4), amended by No. 26/2010 s. 10(b).

This section also does not apply to the employment of a child in accordance with a work experience arrangement under

Part 5.4 of the Education and Training Reform Act 2006—see section 5.4.11 of that Act.

10 Minimum age for employment

(1) Subject to subsection (2), the minimum age for the employment of a child is—

(a) 11 years of age for any of the following employment—

(i) delivering newspapers;

S. 10(1)(a)(ii) amended by No. 27/2022 s. 11(1)(a).

(ii) delivering pamphlets or other advertising material; and

S. 10(1)(a)(iii) repealed by No. 27/2022 s. 11(1)(b).

(b) 13 years of age for any other employment.

(2) There is no minimum age for the employment of a child in a family business or in entertainment.

S. 10(3) amended by No. 27/2022 s. 11(2).

(3) A person must not employ a child who is below the minimum age for employment.

11 Employment of children during school hours

S. 11(1) amended by Nos 58/2007 s. 50, 27/2022 s. 12.

(1) A person must not employ a child during school hours on any school day unless the Minister has granted the child an exemption from attendance at school under section 2.1.5 of the Education and Training Reform Act 2006.

(2) A parent or guardian of a child must not allow the child to engage in employment if the nature and extent of the employment is such as to prejudice the child's attendance at school or their capacity to benefit from instruction.

12 Prohibited employment

S. 12(1) amended by No. 27/2022 s. 13.

(1) A person must not employ a child in any of the following kinds of employment—

(a) door-to-door selling;

(b) employment on a fishing boat, other than a boat operating on inland waters;

(c) employment on a building or construction site (whether commercial or residential) at any time before the buildings on the site are at lock-up stage;

(d) any kind of employment declared under subsection (2) to be prohibited employment for the purposes of this subsection.

(2) The Governor in Council, by order published in the Government Gazette, may declare a kind of employment to be prohibited employment for the purposes of subsection (1).

(3) The Governor in Council, by order published in the Government Gazette, may from time to time amend or revoke a declaration made under subsection (2).

S. 12A inserted by No. 27/2022 s. 14.

12A Prohibited conduct in entertainment—employer obligations

(1) A person who employs a child in entertainment must take reasonable steps to ensure that, during the course of the employment, the child is not subjected to any behaviour—

(a) that unnecessarily socially isolates the child; or

(b) that is likely to intimidate, threaten, frighten or humiliate the child.

(2) For the purposes of subsection (1), a child is not unnecessarily socially isolated if isolation is required to perform the work for which the child has been engaged.

(3) A person who employs a child in entertainment must ensure that, during the course of the child's employment, the child is not—

(a) made distressed for the purposes of depicting an emotional reaction; or

(b) present while the genital region or buttocks of another person, or the breast area of a person who is female, are exposed; or

(c) otherwise exposed to acts or circumstances that depict or deal with adult themes, including nudity, sex, cruelty, violence or drug misuse.

Pt 2 Div. 2 (Heading) amended by No. 27/2022 s. 52.

Division 2—Licences for children to engage in employment

S. 13
substituted by No. 26/2010 s. 11, amended by No. 14/2021 s. 4, substituted by No. 27/2022 s. 53.

13 Application for a licence

S. 13(1) amended by No. 35/2025 s. 42.

(1) A person may apply to the Workforce Inspectorate Victoria for the issue of a licence authorising the person to employ children.

(2) The application must—

S. 13(2)(a) amended by No. 35/2025 s. 42.

(a) be made in writing and in the form approved by the Workforce Inspectorate Victoria; and

(b) state the name, telephone number and business address of the applicant, including any business or other trading name; and

(c) state whether the application is for—

(i) an entertainment licence; or

(ii) a general licence; and

(d) in the case of an application for a general licence, state whether the application is for a licence of a period of one year or two years; and

(e) contain the prescribed information (if any); and

S. 13(2)(f) amended by No. 35/2025 s. 42.

(f) contain any other information required by the Workforce Inspectorate Victoria.

(3) If an applicant for a licence is a body corporate—

(a) the applicant must nominate an employee or an officer of the applicant who, on behalf of the applicant—

(i) will make or participate in making decisions about the employment of children by the applicant (including whether or not to employ particular children); and

(ii) will have knowledge of the work of children employed by the applicant; and

(iii) will have responsibility for ensuring that, in relation to the work of children employed by the applicant, the applicant complies with the child employment laws and the conditions of the licence; and

(b) the application must state the full name, position description and contact details of that person.

(4) If an application is for an entertainment licence—

(a) the applicant must nominate one or more persons who—

(i) will have, on behalf of the applicant, the power to direct the work of any child employed by the applicant; and

(ii) will have, on behalf of the applicant, the power to ensure that, in relation to any child's work, the applicant complies with the child employment laws and the conditions of the licence; and

(iii) have a current WWC clearance or are exempt from the requirement to have a current WWC clearance under section 19B; and

(b) the application must state the full name, position description and contact details of each of those persons.

(5) The applicant must not nominate a person under subsection (3) or (4) who has been convicted or found guilty of an offence against a child employment law or a workplace law.

(6) An application for a licence must be accompanied by a declaration by the applicant or, if the applicant is a body corporate, by an officer of the body corporate—

(a) that to the applicant's or officer's knowledge the applicant will comply with the child employment laws and workplace laws; and

(b) that the applicant or officer knows that giving information which the applicant or officer knows to be false or misleading in a material particular in, or in relation to, the application is an offence with a maximum penalty of 120 penalty units.

(7) An application for an entertainment licence must also include a written undertaking that the applicant will engage persons who are suitably experienced or qualified to supervise each child that the applicant employs during the course of their employment.

(8) For the purposes of subsection (7)—

(a) a person is suitably experienced to supervise a child if the person is the child's parent or guardian; and

(b) a person is suitably qualified to supervise a child who is employed under an entertainment licence if the person satisfies the requirements to supervise the child set out in the mandatory code.

S. 13(9) amended by No. 35/2025 s. 42.

(9) An applicant for a licence may withdraw the application at any time before the Workforce Inspectorate Victoria determines the application.

S. 13A
inserted by No. 26/2010 s. 12, amended by No. 14/2021 s. 5, repealed by No. 27/2022 s. 54.

S. 14 (Heading) amended by No. 27/2022 s. 55(1).

14 Investigation of an application for a licence or renewal

S. 14(1) amended by Nos 14/2021 s. 6(a)(i), 27/2022 s. 55(2)(a), 35/2025 s. 43.

(1) On receiving an application for a licence or renewal of a licence, the Workforce Inspectorate Victoria—

S. 14(1)(a) amended by No. 14/2021 s. 6(a)(ii).

(a) must cause to be carried out all investigations and inquiries that it considers necessary to enable the proper consideration of the application; and

S. 14(1)(b) amended by Nos 26/2010 s. 13(1), 14/2021 s. 6(a)(i), 27/2022 s. 55(2)(b), 35/2025 s. 43.

(b) may require the applicant to provide further information relevant to the application in the form and manner required by the Workforce Inspectorate Victoria.

S. 14(2) amended by Nos 26/2010 s. 13(2), 14/2021 s. 6(b), 27/2022 s. 55(3), 35/2025 s. 43.

(2) The Workforce Inspectorate Victoria may refuse to consider an application if the applicant does not provide any further information required under subsection (1)(b) within a reasonable time after the requirement is made.

S. 15
repealed by No. 26/2010 s. 14, new s. 15 inserted by No. 27/2022 s. 56, amended by No. 35/2025 s. 44.

15 Fit and proper person

An applicant for a licence must satisfy the Workforce Inspectorate Victoria that the applicant is a fit and proper person to employ children.

S. 16 substituted by No. 26/2010 s. 15, amended by No. 14/2021 s. 7, substituted by No. 27/2022 s. 57, amended by No. 35/2025 s. 45.

16 Matters to be taken into account in assessing whether fit and proper person

In determining whether an applicant is a fit and proper person under this Division, the Workforce Inspectorate Victoria must have regard to the applicant's history of compliance with—

(a) the child employment laws; and

(b) other workplace laws.

S. 16A inserted by No. 26/2010 s. 16, amended by No. 14/2021 s. 8, repealed by No. 27/2022 s. 58.

S. 17 amended by Nos 14/2021 s. 9, 27/2022 s. 15, substituted by No. 27/2022 s. 59.

17 Determining application for licence

S. 17(1) amended by No. 35/2025 s. 46.

(1) On receiving an application under section 13, the Workforce Inspectorate Victoria may determine whether—

(a) to grant a licence; or

(b) refuse to grant a licence.

S. 17(2) amended by No. 35/2025 s. 46.

(2) The Workforce Inspectorate Victoria must not grant a licence unless it is satisfied that—

(a) the applicant is a fit and proper person; and

(b) in the case of an applicant that is a body corporate, the application includes a nomination of a nominated officer for the applicant; and

(c) in the case of an application for an entertainment licence—

(i) the application includes a nomination of one or more employer representatives for the applicant; and

(ii) the application is accompanied by the undertaking referred to in section 13(7).

S. 17(3) amended by No. 35/2025 s. 46.

(3) The Workforce Inspectorate Victoria must give written notice of a determination under subsection (1) to—

(a) the applicant; and

(b) any nominated officer for the applicant; and

(c) any employer representative for the applicant.

S. 18 substituted by No. 26/2010 s. 17, amended by No. 14/2021 s. 10, substituted by No. 27/2022 s. 60.

18 Licence conditions

S. 18(1) amended by No. 35/2025 s. 47.

(1) A licence is subject to any conditions determined by the Workforce Inspectorate Victoria and specified in the licence.

(2) Without limiting subsection (1), a licence may be subject to any of the following conditions—

(a) conditions limiting employment under the licence to particular activities or categories of work;

(b) conditions requiring employment under the licence to be carried out in a particular way;

(c) conditions in relation to educational requirements for children employed under an entertainment licence.

(3) Each licence is also subject to a condition that the licence holder must comply with the child employment laws.

(4) Each licence issued to a body corporate is also subject to a condition that the licence holder must ensure that, while the licence is in force, there is an employee or officer of the body corporate who is a nominated officer for the licence holder.

(5) A person who employs a child under a licence must not contravene a condition of the licence.

S. 18A inserted by No. 26/2010 s. 18, amended by No. 14/2021 s. 11, substituted by No. 27/2022 s. 61.

18A Issue of licence

S. 18A(1) amended by No. 35/2025 s. 48.

(1) If the Workforce Inspectorate Victoria grants a licence on an application, the Workforce Inspectorate Victoria must issue the licence to the applicant.

(2) A licence must state—

(a) whether it is—

(i) an entertainment licence; or

(ii) a general licence; and

(b) the period it remains in force; and

(c) the conditions of the licence; and

(d) if the licence holder is a body corporate, the full name, position description and contact details of the nominated officer for the licence holder; and

(e) if the licence is an entertainment licence, the full name, position description and contact details of each of the employer representatives for the licence holder.

S. 18AB inserted by No. 27/2022 s. 61.

18AB Duration of licence

(1) A licence comes into force on the date specified in the licence.

(2) A licence remains in force—

(a) until the expiry date specified in the licence, which must not be later than—

(i) in the case of an entertainment licence, one year after the day on which the licence came into force; or

(ii) in the case of a general licence, 2 years after the day on which the licence came into force; or

(b) if the licence is cancelled or otherwise ceases to be in force before the expiry date, until the licence is cancelled or otherwise ceases to be in force.

S. 18AC inserted by No. 27/2022 s. 61.

18AC Licence is not transferable

A licence is not transferable.

S. 18AD inserted by No. 27/2022 s. 61.

18AD Licence holder must give notice of certain changes

S. 18AD(1) amended by No. 35/2025 s. 49.

(1) A licence holder must give the Workforce Inspectorate Victoria notice each time the licence holder employs a child after the employment commences.

(2) A notice under subsection (1) must include the following information—

(a) the name, date of birth and home address of the child;

(b) the name and telephone number of the child's parent or guardian, and the home address of the child's parent or guardian if different from the home address of the child;

(c) details of—

(i) the intended workplace of the child and the business, trade or occupation carried on in the workplace; and

(ii) the duties it is intended the child will perform; and

(iii) the intended hours of employment of the child and the intended dates of commencement and completion of that employment; and

(iv) whether any of the employment will be within a school term and, if so, whether any of it will be within school hours;

(d) any other prescribed information.

S. 18AD(3) amended by No. 35/2025 s. 49.

(3) A licence holder must give the Workforce Inspectorate Victoria notice if there are any changes in the information provided to the Workforce Inspectorate Victoria in an application under this Division.

S. 18AD(4) amended by No. 35/2025 s. 49.

(4) The Workforce Inspectorate Victoria may require a licence holder to provide further information relevant to a notice under this section in the form and manner approved by the Workforce Inspectorate Victoria.

S. 18AD(5) amended by No. 35/2025 s. 49.

(5) A notice under this section must be in the form and manner approved by the Workforce Inspectorate Victoria.

S. 18AE inserted by No. 27/2022 s. 61.

18AE Renewal of licence

S. 18AE(1) amended by No. 35/2025 s. 50.

(1) A licence holder may apply to the Workforce Inspectorate Victoria for renewal of the licence.

(2) An application for renewal must be made before the expiry of the licence.

(3) An application for renewal must—

S. 18AE(3)(a) amended by No. 35/2025 s. 50.

(a) be made in writing and in the form approved by the Workforce Inspectorate Victoria; and

(b) be accompanied by the information referred to in section 13(2)(b) to (f); and

(c) if the applicant is a body corporate, include a nomination of a person who meets the requirements set out in section 13(3) and state the full name, position description and contact details of that person; and

(d) if the application is for the renewal of an entertainment licence—

(i) include a nomination of one or more persons who meet the requirements set out in section 13(4) and state the full name, position description and contact details of those persons; and

(ii) be accompanied by the undertaking referred to in section 13(7); and

(e) be accompanied by the declarations referred to in section 13(6).

S. 18AE(4) amended by No. 35/2025 s. 50.

(4) On receiving an application under subsection (1), the Workforce Inspectorate Victoria may determine whether—

(a) to renew a licence; or

(b) refuse to renew a licence.

S. 18AE(5) amended by No. 35/2025 s. 50.

(5) The Workforce Inspectorate Victoria must not renew a licence unless it is satisfied that—

(a) the applicant is a fit and proper person; and

(b) in the case of an applicant that is a body corporate, the application includes a nomination of a nominated officer for the applicant in relation to application; and

(c) in the case of an application for an entertainment licence—

(i) the application includes a nomination of one or more employer representatives for the applicant; and

(ii) the application is accompanied by the undertaking referred to in section 13(7).

(6) A licence may be renewed for—

(a) in the case of an entertainment licence, a period of not more than one year; or

(b) in the case of a general licence, a period of not more than 2 years.

(7) A licence may be renewed more than once.

S. 18AE(8) amended by No. 35/2025 s. 50.

(8) An applicant for a renewal of a licence may withdraw the application at any time before the Workforce Inspectorate Victoria determines the application.

S. 18AE(9) amended by No. 35/2025 s. 50.

(9) The Workforce Inspectorate Victoria must give written notice of a determination under subsection (4) to—

(a) the applicant; and

(b) any nominated officer for the applicant; and

(c) any employer representative for the applicant.

S. 18AF inserted by No. 27/2022 s. 61.

18AF Variation of licence

S. 18AF(1) amended by No. 35/2025 s. 51.

(1) The Workforce Inspectorate Victoria may vary a licence at any time.

S. 18AF(2) amended by No. 35/2025 s. 51.

(2) The Workforce Inspectorate Victoria may vary a licence—

(a) on its own initiative; or

(b) if an application is made by a licence holder to vary the licence holder's licence.

(3) A variation of a licence may include any of the following—

(a) variation of the period of the licence;

(b) variation of an existing condition on the licence;

(c) removal of a condition on the licence;

(d) addition of a condition or any further condition on the licence;

(e) variation of any particular of the employment specified in the licence;

(f) substitution of a nominated officer;

(g) addition or removal of an employer representative.

S. 18AF(4) amended by No. 35/2025 s. 51.

(4) In considering whether to vary a licence, the Workforce Inspectorate Victoria may cause to be carried out any investigation or inquiry that it considers necessary to enable the proper consideration of the variation.

S. 18AF(5) amended by No. 35/2025 s. 51.

(5) If the Workforce Inspectorate Victoria varies a licence, it must give written notice of the variation to the licence holder.

S. 18AG inserted by No. 27/2022 s. 61.

18AG Suspension and cancellation of licence

S. 18AG(1) amended by No. 35/2025 s. 52.

(1) The Workforce Inspectorate Victoria may suspend or cancel a licence by giving the licence holder written notice of the suspension or cancellation if—

S. 18AG(1)(a) amended by No. 35/2025 s. 52.

(a) the Workforce Inspectorate Victoria is satisfied that—

(i) the health, safety, wellbeing or development or education of a child is suffering or is likely to suffer from the employment; or

(ii) the child is being or is likely to be subjected to any form of exploitation in the course of the employment; or

(iii) the employment is prohibited employment; or

S. 18AG(1)(b) amended by No. 35/2025 s. 52.

(b) the Workforce Inspectorate Victoria believes on reasonable grounds that the licence holder has contravened the conditions of the licence.

S. 18AG(2) amended by No. 35/2025 s. 52.

(2) The Workforce Inspectorate Victoria must consider the response of the licence holder given within the time referred to in section 18AH(c), if any, before deciding whether to suspend or cancel the licence.

S. 18AG(3) amended by No. 35/2025 s. 52.

(3) In considering whether to suspend or cancel a licence, the Workforce Inspectorate Victoria may cause to be carried out any investigation or inquiry that it considers necessary to enable the proper consideration of the suspension or cancellation.

S. 18AG(4) amended by No. 35/2025 s. 52.

(4) If the Workforce Inspectorate Victoria decides to suspend or cancel a licence under subsection (1), the Workforce Inspectorate Victoria must give the licence holder a written notice stating—

(a) the decision and reasons for the decision; and

(b) in the case of a suspension, the period of suspension (which must not begin before the notice is given); and

(c) in the case of a cancellation, the date on which the cancellation takes effect; and

(d) that the licence holder may apply to VCAT for review of the decision to suspend or cancel the licence.

S. 18AH inserted by No. 27/2022 s. 61, amended by No. 35/2025 s. 53.

18AH Show cause notice before suspension or cancellation

If the Workforce Inspectorate Victoria proposes to suspend or cancel a licence under section 18AG, the Workforce Inspectorate Victoria must give the licence holder written notice stating—

S. 18AH(a) amended by No. 35/2025 s. 53.

(a) that the Workforce Inspectorate Victoria proposes to suspend or cancel the licence; and

(b) the reasons for the proposed suspension or cancellation; and

S. 18AH(c) amended by No. 35/2025 s. 53.

(c) that the licence holder may, within 14 days after the notice is given, give the Workforce Inspectorate Victoria a written response to the proposed suspension or cancellation.

S. 18AI inserted by No. 27/2022 s. 61.

18AI Application for review of certain licence decisions

S. 18AI(1) amended by No. 35/2025 s. 54.

(1) An eligible applicant for a licence may apply to VCAT for review of the following decisions by the Workforce Inspectorate Victoria—

(a) a decision to refuse to grant a licence under section 17;

(b) a decision to impose a licence condition under section 18;

(c) a decision to refuse to renew a licence under section 18AE;

(d) a decision to vary a licence under section 18AF;

(e) a decision to suspend or cancel a licence under section 18AG.

(2) An application under subsection (1) must be made within 28 days after—

(a) for a decision referred to in subsection (1)(a), (c), (d) or (e), the day the eligible applicant was given notice of that decision; or

(b) for a decision referred to in subsection (1)(b)—

(i) in the case of a condition imposed on the grant of a licence under section 17 or the renewal of a licence under section 18AE, the day the licence was issued to the eligible applicant; or

(ii) in the case of condition imposed as a variation of a licence under section 18AF, the day the eligible applicant was given notice of the variation.

eligible applicant means—

(a) in the case of a decision relating to an application for a licence or a renewal of a licence, the applicant for the licence or renewal of the licence; or

(b) in the case of any other decision relating to a licence, the licence holder.

S. 18AJ inserted by No. 27/2022 s. 61.

18AJ Offence to give false and misleading information in relation to licence applications, renewals and variations

A person must not, in or in relation to any of the following applications, give information that the person knows to be false or misleading in a material particular—

(a) an application for a licence;

(b) an application for the renewal of a licence;

(c) an application to vary a licence.

S. 18AK (Heading) amended by No. 35/2025 s. 55(1).

S. 18AK inserted by No. 27/2022 s. 61.

18AK Workforce Inspectorate Victoria must maintain the Child Employment Register

S. 18AK(1) amended by No. 35/2025 s. 55(2).

(1) The Workforce Inspectorate Victoria must establish and keep a register to be called the Child Employment Register.

(2) The purposes of the Register are—

(a) to record information about licence holders; and

(b) to record information about licences, including in respect of the following—

(i) conditions;

(ii) variations;

(iii) suspensions and cancellations; and

S. 18AK(2)(c) amended by No. 35/2025 s. 55(2).

(c) to record decisions of the Workforce Inspectorate Victoria under this Act; and

(d) to make the information collected for the purposes of the Register available to the public; and

S. 18AK(2)(e) amended by No. 35/2025 s. 55(2).

(e) to enable the Workforce Inspectorate Victoria to provide information to licence holders and other persons affected by this Act.

S. 18AK(3) amended by No. 35/2025 s. 55(2).

(3) The Workforce Inspectorate Victoria must record in the Register the following information in respect of each licence—

(a) the licence holder's name and contact details;

(b) the name and contact details of each nominated officer for the licence holder;

(c) the name and contact details of each employer representative for the licence holder;

(d) the date on which the licence came into force and its expiry date;

(e) details of any condition to which the licence is subject;

(f) any other prescribed matter.

(4) A person may search and take a copy of an extract from, or a copy of, the Register.

S. 18AK(5) amended by No. 35/2025 s. 55(2).

(5) The Workforce Inspectorate Victoria may keep and publish the Register in any form that the Workforce Inspectorate Victoria thinks fit.

S. 18B inserted by No. 26/2010 s. 18.

18B Record keeping by employers

(1) An employer must keep a record of the written consent of the parent or guardian of a child to the child's employment by that employer in accordance with subsection (3).

(2) An employer must keep a record of an exemption from attendance at school for a child employed by that employer in accordance with subsection (3).

(3) The employer must keep the written record—

S. 18B(3)(a) amended by Nos 14/2021 s. 12, 35/2025 s. 56.

(a) in a form approved by the Workforce Inspectorate Victoria; and

S. 18B(3)(b) amended by No. 27/2022 s. 62.

(b) for a period of 12 months after the expiry of the licence to which the record relates, or for any other prescribed period.

S. 18B(4) amended by No. 14/2021 s. 12, substituted by No. 27/2022 s. 16.

(4) An employer must keep a written record of the name of any person who supervises a child in the course of the child's employment and the number of any current WWC clearance for that person in accordance with subsection (5).

S. 18B(5) amended by No. 14/2021 s. 12, substituted by No. 27/2022 s. 16.

(5) The employer must keep the written record—

(a) for a period of 5 years after the person who supervised the child last supervised any child in the course of the child's employment by the employer; or

(b) for any other prescribed period.

S. 19
substituted by No. 26/2010 s. 19.

19 Supervision of children in employment

S. 19(1) amended by No. 27/2022 s. 17(2).

(1) An employer of a child must ensure that the child is—

S. 19(1)(a) amended by Nos 34/2020 s. 165(1), 27/2022 s. 17(1).

(a) supervised at all times by an adult who has a current WWC clearance or is exempt from the requirement to have a current WWC clearance under section 19B; and

S. 19(1)(b) amended by No. 27/2022 s. 17(1).

(b) directly and adequately supervised by an adult referred to in paragraph (a) at all times in the employment, having regard to the following—

(i) the nature and environment of the workplace, including the number of children employed at any one time in the workplace; and

(ii) the nature of the work performed by the child; and

(iii) the child's age, sex and physical and emotional development and maturity.

Note to s. 19(1) substituted by No. 34/2020 s. 165(2), substituted as Notes by No. 27/2022 s. 17(3).

Notes

1 Section 19A of this Act extends and applies the Worker Screening Act 2020 (with modifications) to the supervision of children in employment under this Act.

2 The supervisor of a child is required to hold a current WWC clearance—see section 121 of the Worker Screening Act 2020, as applied and modified by section 19A(1) and (2)(f) and (g) of this Act.

3 It is an offence for a person to engage another person to supervise a child in employment without a current WWC clearance—see section 123 of the Worker Screening Act 2020, as applied and modified by section 19A(1) and (2)(j) and (k) of this Act.

4 Exemptions from the requirement for supervisors of child employees to hold a current WWC clearance are set out in section 19B of this Act. The exemptions in Chapter 5 of the Worker Screening Act 2020 from a requirement to hold a current WWC clearance do not apply to the supervisors of child employees—see section 19A(1) and (2)(f) of this Act.

S. 19(2) amended by No. 34/2020 s. 165(3), repealed by No. 27/2022 s. 17(4).

S. 19(3) repealed by No. 27/2022 s. 17(4).

S. 19(4) amended by Nos 34/2020 s. 165(3), 27/2022 s. 17(5)(6).

(4) A prospective employer or employer of a child must, on request by the parent or guardian of a child or an authorised officer, provide to the parent or guardian or the authorised officer the name of any person who supervises, or that the employer knows will supervise or has supervised, the child in the course of the child's employment and the number of the person's current WWC clearance.

S. 19(5) amended by No. 27/2022 s. 17(7).

(5) Subsection (4) does not apply to an employer who does not have a written record of the information requested because of the expiry of the period set out in section 18B(5).

(6) Nothing in this section applies to the employment of a child in a family business.

S. 19AA inserted by No. 27/2022 s. 18.

19AA Supervision of children during auditions etc.

(1) A person who conducts a casting process for the purposes of employing a child to perform a role must ensure that any child who participates in the casting process is supervised by a person specified in subsection (2) during the casting process.

(2) For the purposes of subsection (1), the following persons are specified—

(a) an adult who—

(i) has a current WWC clearance; or

(ii) is exempt from the requirement to have a current WWC clearance under section 19B;

(b) the parent or guardian of the child.

casting process means any audition or other trial hearing or viewing of an actor for any role in a television, film, live music, theatre or dance production and includes screen tests and walk-ons.

Pt 2 Div. 2A (Heading) substituted by No. 34/2020 s. 166.

Pt 2 Div. 2A (Heading and ss 19A, 19B) inserted by No. 26/2010 s. 20.

Division 2A—Worker Screening Act 2020

S. 19A inserted by No. 26/2010 s. 20, amended by Nos 51/2010 s. 25(1), 43/2012 s. 3(Sch. item 4.2), 70/2013 s. 4(Sch. 2 item 8.2), substituted by No. 34/2020 s. 167.

19A Application of Worker Screening Act 2020

S. 19A(1) amended by Nos 27/2022 s. 63, 58/2025 s. 125(Sch. 2 item 2.1).

(1) The Worker Screening Act 2020, as in force immediately before the commencement of Part 3.2 of the Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025, extends and applies to the supervision of a child in employment that requires a licence under this Act as if that supervision were child-related work for the purposes of the Worker Screening Act 2020.

S. 19A(2) amended by No. 58/2025 s. 125(Sch. 2 item 2.1).

(2) The Worker Screening Act 2020, as in force immediately before the commencement of Part 3.2 of the Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025, applies to the supervision of a child referred to in subsection (1) with the following modifications—

(a) section 7(1)(b) and (8)(b) do not apply to exclude work experience arrangements referred to in section 5.4.11(4) of the Education and Training Reform Act 2006 from the operation of the Act as applied by the Child Employment Act 2003;

(b) section 66(5)(a) applies as if the reference to "this Act" were a reference to "this Act or the Child Employment Act 2003";

(c) section 72(1) applies as if the following paragraph were inserted after paragraph (b)—

"(ba) if the person supervises a child referred to in section 19A(1) of the Child Employment Act 2003, the employer of the child;";

(d) section 78 applies as if the following subsection were substituted for section 78(3)—

"(3) For the purposes of Chapter 6, a person supervising a child referred to in section 19A(1) of the Child Employment Act 2003 who has been given an interim WWC exclusion under section 66 is not to be regarded as having a current WWC clearance in respect of that supervision.";

(e) section 89(1) applies as if "Despite section 78(3)," were omitted;

(f) Chapter 5 does not apply;

Note to s. 19A(2)(f) inserted by No. 27/2022 s. 19.

Chapter 5 of the Worker Screening Act 2020 contains a number of exemptions from the requirement to hold a current WWC clearance which do not apply in relation to the supervisors of child employees. For exemptions from the requirement for supervisors of child employees to hold a current WWC clearance see section 19B of this Act instead.

(g) section 121(2)(b) applies as if the reference to "Chapter 5" were a reference to "section 19B of the Child Employment Act 2003";

(h) section 121(2)(a), (2)(c) and (3) do not apply to a person who is supervising a child referred to in section 19A(1) of the Child Employment Act 2003;

(i) section 122(3) does not apply;

S. 19A(2)(j) amended by No. 41/2025 s. 3(Sch. 1 item 9.1(a)).

(j) section 123(2)(b) applies as if the reference to "Chapter 5" were a reference to "section 19B of the Child Employment Act 2003";

(k) section 123(2)(a), (2)(c), (3) and (4) do not apply to a person who is supervising a child referred to in section 19A(1) of the Child Employment Act 2003;

(l) section 124(2)(b) applies as if the reference to "Chapter 5" were a reference to "section 19B of the Child Employment Act 2003";

(m) section 124(2)(a) and (4) do not apply to a person who is supervising a child referred to in section 19A(1) of the Child Employment Act 2003;

(n) section 126 applies as if a reference to "work" were a reference to "work or the employment of a child referred to in section 19A(1) of the Child Employment Act 2003";

(o) section 130(3)(h) applies as if the reference to "this Act" were a reference to "this Act or the Child Employment Act 2003";

S. 19A(2)(p) amended by Nos 14/2021 s. 13, 41/2025 s. 3(Sch. 1 item 9.1(b)), 35/2025 s. 57.

(p) section 130(3) applies as if the following paragraph were inserted after paragraph (a)—

"(aa) to the Workforce Inspectorate Victoria for considering an application under the Child Employment Act 2003 or determining compliance with that Act;".

S. 19A(3) amended by Nos 41/2025 s. 3(Sch. 1 item 9.2), 58/2025 s. 125(Sch. 2 item 2.2).

(3) Sections 121, 123, 124 and 125 of the Worker Screening Act 2020, as in force immediately before the commencement of Part 3.2 of the Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025, apply to the supervision of a child referred to in subsection (1) in or at a service, body, place or activity as if it were child‑related work despite the supervision occurring before the relevant date in relation to that service, body, place or activity under that Act.

S. 19B (Heading) amended by No. 34/2020 s. 168(1).

S. 19B inserted by No. 26/2010 s. 20.

19B Exemptions from WWC check

S. 19B(1) amended by No. 34/2020 s. 168(2).

(1) The following persons are exempt from the requirements of the Worker Screening Act 2020 as applied and modified by this Act to have a current WWC clearance under the Worker Screening Act 2020 and to undergo a WWC check under Chapter 3 of that Act in respect of their supervision of a child referred to in section 19A(1)—

(a) a person who supervises a child who is closely related to him or her;

S. 19B(1)(b) amended by No. 19/2014 s. 90(1).

(b) a person who is a registered teacher or registered early childhood teacher under the Education and Training Reform Act 2006;

Section 2.6.28 of the Education and Training Reform Act 2006 provides that a teacher whose registration is suspended is deemed not to be registered for the period of that suspension.

S. 19B(1)(c) substituted by No. 37/2014 s. 10(Sch. item 16.2(a)), amended by No. 27/2022 s. 20(1).

(c) a person who is a police officer or protective services officer (other than a police officer or protective services officer who is suspended from duty under the Victoria Police Act 2013);

S. 19B(1)(caa) inserted by No. 2/2024 s. 4(1).

(caa) a person who is a police custody officer supervisor or a police custody officer (other than a person whose authorisation to act as a police custody officer supervisor or a police custody officer has been suspended under the Victoria Police Act 2013);

S. 19B(1)(ca) inserted by No. 51/2010 s. 25(2).

(ca) a person who is a member of the Australian Federal Police within the meaning of the Australian Federal Police Act 1979 of the Commonwealth (other than a member who is suspended from duty under that Act);

(d) a person who is not an Australian citizen and not ordinarily resident in Australia in respect of the supervision of a child if he or she does not ordinarily engage in that work in Victoria.

(2) For the purposes of subsection (1)(a), a person is closely related to a child if the person is the child's—

(a) parent, step-parent or guardian;

(b) grandparent;

(c) uncle or aunt;

(d) brother or sister (including half-brother, half‑sister, step-brother, step-sister, brother‑in-law or sister-in-law)—

and includes, in the case of domestic partners, a person who would be closely related to the child if the domestic partners were married to each other.

S. 19B(3) amended by No. 19/2014 s. 90(2).

(3) A person who supervises a child in employment (other than teaching in a school) and who relies on an exemption under subsection (1)(b) in respect of that supervision must notify any person by whom he or she is employed in that supervision in writing of the suspension or cancellation of the person's registration as a teacher or an early childhood teacher under the Education and Training Reform Act 2006 within 7 days after receiving notice of the suspension or cancellation.

S. 19B(4) amended by Nos 37/2014 s. 10(Sch. item 16.2(b)), 27/2022 s. 20(2).

(4) A person referred to in subsection (1)(c) who supervises a child in employment (other than as a police officer or protective services officer) and who relies on an exemption under subsection (1)(c) in respect of that supervision must notify any person by whom he or she is employed in that supervision in writing of the suspension or dismissal of the person as a police officer or protective services officer under the Victoria Police Act 2013 within 7 days after receiving notice of the suspension or dismissal.

S. 19B(4A) inserted by No. 2/2024 s. 4(2).

(4A) A person referred to in subsection (1)(caa) who supervises a child in employment (other than as a police custody officer supervisor or a police custody officer) and who relies on an exemption under subsection (1)(caa) in respect of that supervision must notify any person by whom they are employed in that supervision in writing of the suspension or revocation of their authorisation to act as a police custody officer supervisor or a police custody officer under the Victoria Police Act 2013 within 7 days after receiving notice of the suspension or revocation.

S. 19B(5) inserted by No. 51/2010 s. 25(3).

(5) A person referred to in subsection (1)(ca) who supervises a child in employment (other than as a member of the Australian Federal Police) and who relies on an exemption under subsection (1)(ca) in respect of that supervision must notify any person by whom he or she is employed in that supervision in writing of the suspension or termination of the employment of the person as a member of the Australian Federal Police within 7 days after receiving notice of the suspension or termination.

Division 3—General conditions of employment

20 Condition 1—light work

A child may only be employed to perform light work.

21 Condition 2—hours of work

(1) A child may be employed—

(a) for a maximum of 3 hours per day and 12 hours per week at any time during school term; and

(b) for a maximum of 6 hours per day and 30 hours per week at any time outside school term.

A child must not be employed during school hours—see section 11.

(2) The hours in subsection (1)(b) are inclusive of rest breaks.

(3) A child must not be employed to perform work on any day—

(a) earlier than 6 a.m. or sunrise (whichever is later) or later than 6 p.m. or sunset (whichever is earlier) if the child is employed in street trading;

(b) earlier than 6 a.m. or later than 9 p.m. in any other case.

This section does not apply to the employment of a child in a family business or in entertainment—see sections 25(a) and 28(1)(a).

S. 21(4) inserted by No. 27/2022 s. 21.

(4) This section does not apply to a child who is exempted from enrolment at school, attendance at school, or both enrolment and attendance at school, in accordance with section 2.1.5 of the Education and Training Reform Act 2006.

22 Condition 3—rest breaks

(1) A child who is employed must be given a rest break of at least 30 minutes after every 3 hours of work.

(2) The rest break may be paid or unpaid.

(3) A child who is employed must be given a break of at least 12 hours between finishing one shift of work and commencing the next.

This section does not apply to the employment of a child in a family business or in entertainment—see sections 25(b) and 28(1)(b).

S. 23
amended by No. 26/2010 s. 21 (ILA s. 39B(1)).

23 Contravention of conditions

S. 23(1) amended by No. 27/2022 s. 22.

(1) A person who employs a child must not contravene a condition set out in this Division that applies to that employment.

S. 23(2) inserted by No. 26/2010 s. 21, amended by Nos 14/2021 s. 14(a), 27/2022 s. 64, 35/2025 s. 58.

(2) A condition in section 21 or 22 does not apply to the employment of a child to the extent that the Workforce Inspectorate Victoria specifies in the licence for that employment or by notice in writing to the employer.

S. 23(3) inserted by No. 26/2010 s. 21, amended by Nos 14/2021 s. 14(b), 35/2025 s. 58.

(3) The Workforce Inspectorate Victoria must not specify that a condition does not apply unless it has regard—

(a) to the effect of the proposed change on the child's health or safety or moral or material welfare or development or the child's attendance at school or capacity to benefit from instruction; and

(b) the views of the parent or guardian of the child and the employer or prospective employer of the child.

Section 5.4.11 of the Education and Training Reform Act 2006 has the effect that conditions in this Division do not apply to a child employed in certain work experience arrangements.

Division 4—Employment in family businesses

24 When may a child be employed in a family business?

S. 24(1) amended by No.27/2022 s. 65.

(1) A child may be employed in or in relation to a family business without a licence.

(2) Nothing in subsection (1) allows a child to be employed in prohibited employment.

Also, the child can only be employed to perform light work and cannot be employed during school hours—see sections 11 and 20.

25 Provisions that do not apply to employment in family businesses

The following provisions of this Act do not apply to the employment of a child in or in relation to a family business—

(a) section 21 (hours of work);

(b) section 22 (rest breaks).

There is also no minimum age for the employment of children in a family business—see section 10(2).

S. 26 substituted by No. 27/2022 s. 23.

26 Supervision in family businesses

(1) A person who employs a child in or in relation to a family business must ensure the child is directly supervised in that employment by—

(a) a parent of the child or a person who has parental responsibility for the child; or

(b) an adult—

(i) who works in the family business; and

(ii) who is an appropriate person, in all the circumstances, to have direct supervision of the child in that employment.

(2) A person who employs a child in or in relation to a family business must ensure the child is not left in the supervision of a person referred to in subsection (1)(b) for an unreasonable period.

Division 5—Employment in entertainment

S. 27 amended by Nos 26/2010 s. 22, 27/2022 s. 66.

27 When may a child be employed in entertainment?

A child may be employed in entertainment in accordance with a licence and with the prior written consent of the parent or guardian of the child.

28 Provisions that do not apply to employment in entertainment

(1) The following provisions of this Act do not apply to the employment of a child in entertainment—

(a) section 21 (hours of work);

(b) section 22 (rest breaks).

There is also no minimum age for the employment of children in entertainment—see section 10(2).

S. 28(2) amended by Nos 14/2021 s. 15, 27/2022 s. 67, 35/2025 s. 59.

(2) Despite subsection (1), the Workforce Inspectorate Victoria may take into account any provision referred to in that subsection in determining the conditions (if any) to be imposed on a licence for the employment of a child in entertainment.

29 Mandatory code of practice

(1) The Minister must make a mandatory code of practice for the employment of children in entertainment.

(2) The Minister is to make all reasonable efforts to make the code within 12 months after the commencement of this section.

(3) Before making the code, the Minister must consult—

(a) representatives of employers and employees in the entertainment industry; and

(b) any government agencies that the Minister considers have an interest in the entertainment industry.

30 What will the mandatory code contain?

(1) The mandatory code is to contain provisions regulating the employment of children in entertainment.

(2) The code may apply, adopt or incorporate (with or without modification) any document as in force at a particular time or as in force from time to time.

31 How is the mandatory code made?

(1) The Minister makes the mandatory code by order published in the Government Gazette.

(2) The code takes effect on the day the order is published or the later day specified in the order.

S. 32 amended by No. 27/2022 s. 24.

32 Effect of the mandatory code

A person who employs a child in entertainment must not contravene the mandatory code.

33 Variation and revocation of the mandatory code

(1) The Minister may, by order published in the Government Gazette, vary or revoke the mandatory code at any time.

(2) If the Minister revokes the mandatory code, he or she must make another mandatory code within 6 months.

S. 34 substituted by No. 14/2021 s. 16, amended by No. 35/2025 s. 60.

34 Availability of the mandatory code

The Workforce Inspectorate Victoria must ensure that—

(a) the mandatory code, as varied from time to time, is published on its website; and

(b) copies of the mandatory code, as varied from time to time, are made available for public inspection, without charge, at its principal office during ordinary office hours.

Pt 3 (Heading and ss 35, 36) amended by No. 26/2010 ss 23, 24, substituted as Pt 3 (Heading and ss 35–36I) by No. 27/2022 s. 68.

Part 3—Criminal liability of employer representatives and nominated officers

S. 35 amended by No. 26/2010 s. 23, substituted by No. 27/2022 s. 68.

35 Contravention of minimum age for employment

(a) the licence holder engaged in conduct that would constitute a contravention of section 10(3); and

(2) A nominated officer who commits an offence against subsection (1) is liable to a penalty not exceeding 240 penalty units.

S. 36 amended by No. 26/2010 s. 24, substituted by No. 27/2022 s. 68.

36 Contravention of employment of children during school hours

(a) the licence holder engaged in conduct that would constitute a contravention of section 11(1); and

(2) A nominated officer who commits an offence against subsection (1) is liable to a penalty not exceeding 240 penalty units.

S. 36A inserted by No. 27/2022 s. 68.

36A Contravention in relation to prohibited employment

(a) the licence holder engaged in conduct that would constitute a contravention of section 12(1); and

(2) A nominated officer who commits an offence against subsection (1) is liable to a penalty not exceeding 240 penalty units.

S. 36B inserted by No. 27/2022 s. 68.

36B Contravention in relation to prohibited conduct in entertainment

(1) An employer representative for a licence holder commits an offence if—

(a) the licence holder engaged in conduct that would constitute a contravention of section 12A(1) or (3); and

(b) the employer representative—

(2) An employer representative who commits an offence against subsection (1) is liable to a penalty not exceeding 240 penalty units.

S. 36C inserted by No. 27/2022 s. 68.

36C Contravention of licence conditions

(a) the licence holder engaged in conduct that would constitute a contravention of section 18(5); and

(2) An employer representative or a nominated officer who commits an offence against subsection (1) is liable to a penalty not exceeding 120 penalty units.

S. 36D inserted by No. 27/2022 s. 68.

36D Contravention of adequate supervision of children in employment

(a) the licence holder engaged in conduct that would constitute a contravention of section 19(1); and

(2) An employer representative or a nominated officer who commits an offence against subsection (1) is liable to a penalty not exceeding 240 penalty units.

S. 36E inserted by No. 27/2022 s. 68.

36E Contravention of condition of employment

(a) the licence holder engaged in conduct that would constitute a contravention of section 23(1); and

(2) An employer representative or a nominated officer who commits an offence against subsection (1) is liable to a penalty not exceeding 120 penalty units.

S. 36F inserted by No. 27/2022 s. 68.

36F Contravention of the mandatory code

(a) the licence holder engaged in conduct that would constitute a contravention of section 32; and

(2) An employer representative or a nominated officer who commits an offence against subsection (1) is liable to a penalty not exceeding 120 penalty units.

S. 36G inserted by No. 27/2022 s. 68.

36G Contravention of directions

(a) the licence holder engaged in conduct that would constitute a contravention of section 43A(2); and

(2) An employer representative or a nominated officer who commits an offence against subsection (1) is liable to a penalty not exceeding 120 penalty units.

S. 36H inserted by No. 27/2022 s. 68.

36H Contraventions in relation to producing documents and giving information

(a) the licence holder engaged in conduct that would constitute a contravention of section 47(1) or (2); and

(2) An employer representative or a nominated officer who commits an offence against subsection (1) is liable to a penalty not exceeding 120 penalty units.

S. 36I inserted by No. 27/2022 s. 68.

36I Employer representatives or nominated officers may commit offences regardless of whether licence holders prosecuted

An employer representative or a nominated officer for a licence holder may be prosecuted for or convicted or found guilty under a provision in this Part whether or not the licence holder has been prosecuted for or convicted or found guilty of a contravention of an offence referred to in that provision.

Part 4—Compliance

Pt 4 Div. 1 (Heading) substituted by No. 27/2022 s. 25.

Division 1—Authorised officers

S. 37 amended by No. 26/2010 s. 25, repealed by No. 27/2022 s. 26.

S. 38 amended by No. 108/2004 s. 117(1) (Sch. 3 item 28), substituted by No. 26/2010 s. 26, amended by No. 14/2021 s. 17, substituted by No. 27/2022 s. 27.

38 Appointment of authorised officers

S. 38(1) amended by No. 35/2025 s. 61.

(1) The Workforce Inspectorate Victoria, by instrument, may appoint a person employed under Part 3 of the Public Administration Act 2004 to be an authorised officer for the purposes of this Act.

S. 38(2) amended by No. 35/2025 s. 61.

(2) The Workforce Inspectorate Victoria must give an authorised officer a certificate of appointment signed by the Commissioner of the Workforce Inspectorate Victoria.

(3) A certificate of appointment given to an authorised officer under subsection (2) is conclusive proof of the valid appointment of the authorised officer.

S. 38(4) amended by No. 35/2025 s. 61.

(4) An authorised officer is subject to the Workforce Inspectorate Victoria's directions in the exercise of the authorised officer's powers under this Act or the regulations.

(5) A direction under subsection (4) may be of a general nature or may relate to a specified matter or to a specified class of matter.

S. 38(6) amended by No. 35/2025 s. 61.

(6) The Workforce Inspectorate Victoria, by instrument, may revoke an appointment under subsection (1) at any time.

39 Identity cards

S. 39(1) amended by No. 14/2021 s. 18, substituted by No. 27/2022 s. 28(1), amended by No. 35/2025 s 62.

(1) The Workforce Inspectorate Victoria must issue an identity card to each authorised officer—

(a) containing a photograph of the authorised officer and the authorised officer's signature; and

S. 39(1)(b) amended by No. 35/2025 s. 62.

(b) in the form approved by the Workforce Inspectorate Victoria.

S. 39(2) repealed by No. 27/2022 s. 28(1).

S. 39(3) amended by No. 27/2022 s. 28(2)(a)(b).

(3) An authorised officer must produce the authorised officer's identity card for inspection—

S. 39(3)(a) amended by No. 27/2022 s. 28(2)(c).

(a) before exercising a power under this Part other than a requirement made by, or a power exercised by way of, post, fax, e-mail or other electronic communication; and

(b) at any time during the exercise of a power under this Part, if asked to do so.

1. 10 penalty units.

S. 40 (Heading) amended by No. 27/2022 s. 29(1).

40 Police to assist authorised officers

S. 40(1) amended by Nos 37/2014 s. 10(Sch. item 16.3), 27/2022 s. 29(2)(a).

(1) An authorised officer may request the assistance of a police officer.

S. 40(2) amended by Nos 37/2014 s. 10(Sch. item 16.3), 27/2022 s. 29(2)(b).

(2) A police officer may assist an authorised officer to take any action authorised by this Part.

41 When may powers be exercised?

S. 41(1) substituted by No. 27/2022 s. 30(1).

(1) An authorised officer may exercise powers under this Part only to the extent that it is reasonably necessary to do so for the purposes of—

S. 41(1)(a) amended by No. 27/2022 s. 69.

(a) investigating an application for a licence or an application to renew or vary a licence; or

(b) monitoring or determining compliance with the child employment laws; or

(c) investigating contraventions or possible contraventions of this Act and the regulations.

S. 41(2) amended by No. 27/2022 s. 30(2).

(2) In exercising powers under this Part, an authorised officer must—

(a) cause as little inconvenience as possible; and

(b) not remain on premises any longer than is reasonably necessary.

42 Power of entry

S. 42(1) amended by No. 27/2022 s. 31(1)(a).

(1) At any time during ordinary working hours, an authorised officer may without force enter—

S. 42(1)(a) amended by No. 27/2022 s. 70(1).

(a) any premises identified in an application for a licence or an application to renew or vary a licence as an intended workplace of a child; or

S. 42(1)(b) amended by No. 27/2022 s. 31(1)(b).

(b) any premises at which the officer has reasonable grounds for believing that work is being or has been performed or engaged in by a child; or

S. 42(1)(c) substituted by No. 27/2022 s. 31(1)(c).

(c) any premises, being a place of business at which the officer has reasonable grounds for believing that there are documents relevant to the purpose of—

S. 42(1)(c)(i) amended by No. 27/2022 s. 70(2).

(i) investigating an application for a licence or an application to renew or vary a licence; or

(ii) monitoring or determining compliance with the child employment laws; or

(iii) investigating contraventions or possible contraventions of this Act and the regulations.

S. 42(2) amended by No. 27/2022 s. 31(2)(a).

(2) If an owner or occupier of premises is present when an authorised officer exercises a power of entry under this section, the officer must—

S. 42(2)(a) amended by No. 27/2022 s. 31(2)(b).

(a) produce the authorised officer's identity card for inspection; and

(b) inform the owner or occupier of the purpose of the entry.

S. 42(3) amended by No. 27/2022 s. 31(3).

(3) If an authorised officer exercises a power of entry under this section without the owner or occupier being present, the officer must—

(a) on leaving the premises, leave a notice setting out—

(i) the time of entry; and

(ii) the purpose of entry; and

(iii) a description of all things done while on the premises; and

(iv) the time of departure; and

(v) the procedure for contacting the officer for further details of the entry; and

(b) post a copy of that notice—

(i) to the owner of the premises, if the identity and address of the owner are known to the officer; and

(ii) to the occupier of the premises, if the identity and address of the occupier are known to the officer.

S. 42(4) amended by No. 27/2022 s. 31(4)(a).

(4) An authorised officer does not have authority to enter any part of premises used for residential purposes, unless—

S. 42(4)(a) amended by No. 27/2022 s. 31(4)(b).

(a) the officer has, before the entry and in addition to complying with subsection (2), informed the occupier that the occupier may refuse to consent to the entry; and

(b) the occupier has consented to the entry.

S. 42(5) amended by No. 27/2022 s. 31(5)(a).

(5) If an occupier consents to an entry under subsection (4), the authorised officer who requested consent must before entering the premises ask the occupier to sign an acknowledgment in the prescribed form stating—

(a) that the occupier has been informed of the purpose of the entry; and

S. 42(5)(b) amended by No. 27/2022 s. 31(5)(b).

(b) that the occupier has been informed that the occupier may refuse to consent to the entry; and

(c) that the occupier has consented to the entry; and

(d) the date and time that the occupier consented.

S. 42(6) amended by No. 27/2022 s. 31(6).

(6) An occupier who signs an acknowledgment must be given a copy of the signed acknowledgment before the authorised officer leaves the premises.

(7) If, in any proceeding, an acknowledgment is not produced to the court or a tribunal, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry.

S. 42(8) amended by No. 27/2022 s. 31(7).

(8) Subsection (4) does not apply to any part of premises used both for residential purposes and for work. However, an authorised officer may only enter such premises under this section if an owner or occupier is present.

43 Powers on entry

S. 43 amended by No. 27/2022 s. 32(a).

On exercising a power of entry under section 42, an authorised officer may—

(a) inspect any work, material, machinery, appliance, article, facility or other thing;

(b) take samples of any goods or substances in accordance with the regulations;

S. 43(ba) inserted by No. 27/2022 s. 32(b).

(ba) make—

(i) any still or moving image of the premises; or

(ii) any audio or audio visual recording of the premises;

S. 43(c) substituted by No. 26/2010 s. 27.

(c) interview the employer or any person who purports to have authority to act on behalf of the employer or any person who is employed or working at the workplace, and to require answers to questions put in the interview;

S. 43(d) substituted by No. 27/2022 s. 32(c).

(d) require a person who has custody or control of, or access to, a document that is relevant to any of the following purposes to produce that document to the authorised officer within a reasonable period specified by the authorised officer—

S. 43(d)(i) amended by No. 27/2022 s. 71.

(i) the purpose of investigating an application for a licence or an application to renew or vary a licence;

(ii) the purpose of monitoring or determining compliance with the child employment laws;

(iii) the purpose of investigating contraventions or possible contraventions of this Act and the regulations;

S. 43(e) amended by No. 27/2022 s. 32(d).

(e) inspect, and make copies of or take extracts from, a document produced to the authorised officer.

S. 43A inserted by No. 26/2010 s. 28.

43A Power to give directions

S. 43A(1) substituted by No. 27/2022 s. 33(1).

(1) An authorised officer may give a direction (either orally or in writing) to a person at premises referred to in section 42(1) if the authorised officer reasonably believes that it is necessary to do so because of an immediate or serious risk to the health, safety, wellbeing or development of any child employed at the premises.

S. 43(2) amended by No. 27/2022 s. 33(2).

(2) A person must not, without reasonable excuse, refuse or fail to comply with a direction given to the person under subsection (1).

S. 44
substituted by No. 26/2010 s. 29.

44 Power to require information or documents

S. 44(1) substituted by No. 27/2022 s. 34(1).

(1) For a purpose specified in subsection (1A), an authorised officer, by written notice, may require a person, within a reasonable period specified in the notice, to—

(a) give to the authorised officer any information that the authorised officer requires; or

(b) produce to the authorised officer any relevant document in the person's custody or control.

S. 44(1A) inserted by No. 27/2022 s. 34(1).

(1A) The following purposes are specified—

S. 44(1A)(a) amended by No. 27/2022 s. 72.

(a) investigating an application for a licence or an application to renew or vary a licence;

(b) monitoring or determining compliance with the child employment laws;

(c) investigating contraventions or possible contraventions of this Act and the regulations.

S. 44(2) amended by No. 27/2022 s. 34(2).

(2) An authorised officer may inspect, and make copies of or take extracts from, a document produced to the authorised officer under subsection (1).

45 Retention of documents

S. 45(1) amended by No. 27/2022 s. 35(1).

(1) An authorised officer may retain a document produced to the authorised officer for the period necessary for the purpose of performing functions and exercising powers as an authorised officer.

S. 45(2) amended by No. 27/2022 s. 35(2).

(2) During the period that the authorised officer retains a document, the authorised officer must permit the person otherwise entitled to its possession to inspect it and make copies of or take extracts from it.

S. 45A inserted by No. 27/2022 s. 36.

45A Infringement notices

(1) An authorised officer may issue to or serve an infringement notice on any person that the authorised officer has reason to believe has committed a prescribed offence.

(2) An offence referred to in subsection (1) for which an infringement notice may be issued or served is an infringement offence within the meaning of the Infringements Act 2006.

(3) The infringement penalty for an offence referred to in subsection (1) is the prescribed penalty for the offence.

46 Confidentiality

S. 46(1) substituted by No. 27/2022 s. 37(1).

(1) An authorised officer must not, except to the extent necessary to exercise the authorised officer's powers under this Act, give to any other person, whether directly or indirectly, any information acquired by the authorised officer in exercising those powers.

(2) Subsection (1) does not apply to the giving of information—

(a) to a court or tribunal in the course of legal proceedings; or

(b) pursuant to an order of a court or tribunal; or

(c) to the extent reasonably required to enable the investigation or the enforcement of a law of Victoria or of any other State or Territory or of the Commonwealth; or

S. 46(2)(d) amended by Nos 14/2021 s. 19, 35/2025 s. 63.

(d) with the written authority of the Workforce Inspectorate Victoria; or

S. 46(2)(e) substituted by No. 27/2022 s. 37(2).

(e) to the Department; or

S. 46(2)(f) inserted by No. 27/2022 s. 37(2).

(f) to the Secretary; or

S. 46(2)(g) inserted by No. 27/2022 s. 37(2).

(g) to the Minister; or

S. 46(2)(h) inserted by No. 27/2022 s. 37(2).

(h) to a person or body prescribed by the regulations; or

S. 46(2)(i) inserted by No. 27/2022 s. 37(2).

(i) with the written authority of the person to whom the information relates.

Pt 4 Div. 1A (Heading and ss 46A–46D) inserted by No. 27/2022 s. 38.

Division 1A—Compliance notices

S. 46A inserted by No. 27/2022 s. 38, amended by No. 35/2025 s. 64.

46A Compliance notices

The Workforce Inspectorate Victoria may issue a compliance notice to a person if the Workforce Inspectorate Victoria reasonably believes that the person has contravened this Act.

S. 46B inserted by No. 27/2022 s. 38.

46B Form and content of compliance notices

(1) A compliance notice must—

S. 46B(1)(a) amended by No. 35/2025 s. 65.

(a) specify the provision of this Act that the Workforce Inspectorate Victoria reasonably believes has been or is being contravened; and

S. 46B(1)(b) amended by No. 35/2025 s. 65.

(b) state the basis for the Workforce Inspectorate Victoria's belief regarding the alleged contravention to which the compliance notice relates; and

(c) state the action that the person must take to remedy the alleged contravention; and

(d) specify a date by which the person is required to take the action referred to in paragraph (c); and

(e) state the penalty for contravening the compliance notice; and

The penalty for the contravention of a compliance notice is set out in section 46C.

(f) state the effect of section 46D; and

The effect of a compliance notice is set out in section 46D.

S. 46B(1)(g) amended by No. 35/2025 s. 65.

(g) specify any further action that the Workforce Inspectorate Victoria may take if the contravention is not remedied.

(2) A compliance notice must be in writing.

S. 46B(3) amended by No. 35/2025 s. 65.

(3) The Workforce Inspectorate Victoria, by further written notice, may extend the date specified in the compliance notice for up to 24 months.

S. 46C inserted by No. 27/2022 s. 38.

46C Person must comply with a compliance notice

A person to whom a compliance notice is issued must take the action specified in the notice by—

(a) the date specified in the notice; or

S. 46C(b) amended by No. 35/2025 s. 66.

(b) if the Workforce Inspectorate Victoria extended the date under section 46B(3), by that later date.

S. 46D inserted by No. 27/2022 s. 38.

46D Effect of compliance notice

S. 46D(1) amended by No. 35/2025 s. 67.

(1) On or before the date specified in a compliance notice or, if the Workforce Inspectorate Victoria has extended the date under section 46B(3), on or before that extended date—

(a) no proceeding may be commenced for an offence against this Act that is constituted by the alleged contravention to which the compliance notice relates; and

(b) no other enforcement action may be taken in respect of the alleged contravention to which the compliance notice relates.

S. 46D(2) amended by No. 35/2025 s. 67.

(2) If a person fulfils all of the requirements of a compliance notice, after the date specified in the notice or, if the Workforce Inspectorate Victoria has extended the date under section 46B(3), after that extended date—

(a) no proceeding may be commenced for an offence against this Act that is constituted by the alleged contravention to which the compliance notice related; and

(b) no other enforcement action may be taken in respect of the alleged contravention to which the compliance notice related.

(3) The fulfillment of the requirements of a compliance notice by a person is not and must not be taken to be—

(a) if the provision of this Act specified in the notice is an offence, an admission of guilt in relation to the offence; or

(b) an admission that the person has contravened the provision of this Act specified in the notice for the purposes of any enforcement action, and the fulfillment of the requirements does not in any way affect or prejudice any such enforcement action.

S. 46D(4) substituted by No. 27/2022 s. 73.

(4) In this section—

S. 46D(4) def. of enforcement action amended by No. 35/2025 s. 67.

enforcement action means the variation, suspension or cancellation of the person's licence by the Workforce Inspectorate Victoria.

Division 2—Offences

S. 47 (Heading) substituted by No. 27/2022 s. 39(1).

47 Offences relating to failing to produce documents, hindering authorised officers and giving false or misleading information

S. 47(1)
substituted by No. 26/2010 s. 30(1), amended by No. 27/2022 s. 39(3).

(1) A person must not, without reasonable excuse—

(a) fail to comply with a request to produce documents or answer questions under section 43; or

(b) fail to comply with a notice to produce documents or provide information under section 44; or

S. 47(1)(c) amended by No. 27/2022 s. 39(2).

(c) otherwise obstruct or hinder an authorised officer performing functions or exercising powers under this Act.

S. 47(2)
amended by Nos 26/2010 s. 30(2), 27/2022 s. 39(5).

(2) A person must not—

S. 47(2)(a) amended by No. 27/2022 s. 39(4).

(a) give information to an authorised officer that the person knows to be false or misleading in a material particular; or

S. 47(2)(b) amended by No. 27/2022 s. 39(4).

(b) produce a document to an authorised officer that the person knows to be false or misleading in a material particular without indicating the respect in which it is false or misleading and, if practicable, providing correct information.

48 Protection against self-incrimination

(1) It is a reasonable excuse for a natural person to refuse or fail to give information, produce a document or do any other thing that the person is required to do by or under this Act, if the giving of the information, production of the document or doing of the thing would tend to incriminate the person.

(2) Despite subsection (1), it is not a reasonable excuse for a natural person to refuse or fail to produce a record or other document that the person is required to keep by this Act or the regulations, if the production of the record or other document would tend to incriminate the person.

S. 48(3)
inserted by No. 26/2010 s. 31, amended by No. 27/2022 s. 40(a).

(3) Before requiring a person to produce a document or answer questions under section 43 an authorised officer must—

(a) warn the person that a refusal or failure to comply with the requirement, without reasonable excuse, is an offence; and

(b) inform the person, if a natural person, that the person may refuse or fail to produce documents (other than a document referred to in subsection (2)) or to answer questions if providing the information would tend to incriminate the person.

(4) A notice under section 44 must—

(a) warn the person that a refusal or failure to comply with the notice, without reasonable excuse, is an offence; and

(b) if directed to a natural person, inform the person that the person may refuse or fail to produce documents (other than a document referred to in subsection (2)) or to provide information if producing the document or providing the information would tend to incriminate the person.

S. 48(5) amended by No. 27/2022 s. 40(b).

(5) A person is not liable to be prosecuted for an offence against section 47 if the authorised officer concerned failed to comply with section 39 or subsection (3) or (4).

S. 49 (Heading) amended by No. 27/2022 s. 41(1).

S. 49 amended by No. 27/2022 s. 41(2).

49 Impersonating authorised officers

A person must not impersonate an authorised officer.

S. 49A
inserted by No. 26/2010 s. 32.

49A Who can prosecute under this Act?

S. 49A(1) substituted by No. 14/2021 s. 20.

(1) A prosecution for an offence against this Act may only be brought by—

S. 49A(1)(a) amended by No. 35/2025 s. 68.

(a) the Workforce Inspectorate Victoria; or

S. 49A(1)(b) amended by No. 35/2025 s. 68.

(b) a person employed under Part 3 of the Public Administration Act 2004 who is authorised by the Workforce Inspectorate Victoria to bring a prosecution.

(2) An authorisation—

(a) must be in writing; and

(b) may be given generally, or only in relation to a particular case or cases, or a particular class of cases; and

(c) may be revoked by the person who gave it at any time by notice in writing.

(3) The revocation of an authorisation does not affect any proceedings started by a person before that person's authorisation was revoked unless the notice of revocation states otherwise.

(4) In a prosecution for an offence under this Act, a Court must presume, in the absence of evidence to the contrary, that the prosecutor is authorised to bring the prosecution.

(5) A prosecution may only be conducted by—

(a) a person authorised by or under subsection (1) to bring the prosecution; or

S. 49A(5)(b) amended by No. 17/2014 s. 160(Sch. 2 item 13).

(b) an Australian lawyer briefed by the person authorised to bring the prosecution.

S. 49B (Heading) amended by No. 14/2021 s. 21(1).

S. 49B
inserted by No. 26/2010 s. 32, amended by No. 14/2021 s. 21(3) (ILA s. 39B(1)).

49B Judicial notice

(1) All courts must take judicial notice of—

S. 49B(a) amended by Nos 14/2021 s. 21(2), 35/2025 s. 69.

(a) the signature of a person who is, or was at the time the signature purports to have been made, the Minister, the Secretary, the Commissioner of the Workforce Inspectorate Victoria or an employee to whom section 49A(1) applies; and

(b) the fact that a person listed in paragraph (a) held the position he or she purported to hold at the time the signature purports to have been made.

S. 49B(2) inserted by No. 14/2021 s. 21(3), amended by No. 35/2025 s. 69.

(2) All courts must take judicial notice of the official seal of the Workforce Inspectorate Victoria affixed to a document and, until the contrary is proved, must presume that it was duly affixed.

50 Proceedings for offences to be brought in Industrial Division of the Magistrates' Court

If a person is charged with an offence against this Act, the charge must be heard, and all penalties recovered, before the Magistrates' Court sitting as the Industrial Division.

S. 50A inserted by No. 26/2010 s. 33.

50A Offences by bodies corporate

(1) If a body corporate contravenes any provision of this Act, each person who is an officer of the body corporate is to be taken to have contravened the same provision if the person knew of, or knowingly authorised or permitted, the contravention.

(2) A natural person may be proceeded against and convicted or found guilty under a provision in accordance with subsection (1) whether or not the body corporate has been proceeded against or convicted or found guilty under that provision.

(3) Nothing in subsection (1) or (2) affects any liability imposed on a body corporate for an offence committed by the body corporate against this Act.

S. 50B inserted by No. 26/2010 s. 33.

50B Conduct by officers, employees or agents

(1) For the purposes of any proceedings under this Act, any conduct engaged in on behalf of a body corporate is deemed to have been engaged in also by the body corporate if the conduct was engaged in by an employee, agent or officer of the body corporate within the scope of the actual or apparent authority of the employee, agent or officer.

(2) If, in any proceedings under this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show—

(a) that the conduct was engaged in by an officer or employee of the body corporate within the scope of the officer's or employee's actual or apparent authority and the officer or employee had that state of mind; or

(b) that the conduct was engaged in by an agent of the body corporate and—

(i) the agent acted at the specific direction or with the specific consent or agreement of the body corporate; or

(ii) the agent had that state of mind; or

(iii) the body corporate was aware of the agent's state of mind when the conduct was engaged in.

(3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person's reasons for the intention, opinion, belief or purpose.

51 Offences by unincorporated associations

Proceedings for an offence against this Act by an unincorporated association may be brought against any or all members of the committee of management or other governing body of the association.

Pt 4 Div. 3 (Heading) amended by No. 35/2025 s. 70.

Pt 4 Div. 3 (Heading and s. 51A) inserted by No. 27/2022 s. 42.

Division 3—Additional compliance functions of Workforce Inspectorate Victoria

S. 51A (Heading) amended by No. 35/2025 s. 71(1).

S. 51A inserted by No. 27/2022 s. 42, amended by No. 35/2025 s. 71(2).

51A Additional compliance functions of the Workforce Inspectorate Victoria

The Workforce Inspectorate Victoria has the following functions under this Act—

(a) to investigate contraventions or possible contraventions of this Act and the regulations;

(b) to monitor and ensure compliance with the child employment laws;

S. 51A(c) amended by No. 27/2022 s. 74.

(c) to conduct audits in relation to work performed by a child under a licence;

S. 51A(d) amended by No. 27/2022 s. 74.

(d) to review and evaluate the safety of work performed by a child under a licence;

(e) to provide information about the operation of this Act, the mandatory code and regulations to employers, schools, children, parents and other interested members of the community.

Part 5—General

S. 52 amended by Nos 14/2021 s. 22, 27/2022 s. 43(a), 35/2025 s. 72.

52 Delegation

The Workforce Inspectorate Victoria may, by instrument, delegate to an authorised officer any power of the Workforce Inspectorate Victoria under this Act except—

S. 52(a) amended by No. 27/2022 s. 43(b).

(a) a power under section 38 or 39 (appointment of authorised officers and their identity cards); or

(b) a power under section 46(2)(d) (authority to give information); or

(c) this power of delegation.

53 Regulations

(1) The Governor in Council may make regulations for or with respect to—

(a) requiring employers to keep records in relation to the employment of children;

S. 53(1)(aa) inserted by No. 26/2010 s. 34.

(aa) prescribing an activity or arrangement not to be employment;

S. 53(1)(ab) inserted by No. 26/2010 s. 34.

(ab) prescribing a person or class or classes of persons not to be employers;

S. 53(1)(ac) inserted by No. 26/2010 s. 34.

(ac) prescribing the periods for which employers must keep records in relation to the employment of children;

S. 53(1)(ad) inserted by No. 26/2010 s. 34, amended by No. 27/2022 s. 75(a).

(ad) providing for the imposition of fees for an application for a licence or renewal of a licence;

S. 53(1)(ae) inserted by No. 26/2010 s. 34.

(ae) prescribing a sporting activity to be a sporting activity with a high risk of injury;

S. 53(1)(af) inserted by No. 27/2022 s. 44(1).

(af) prescribing an infringement offence;

S. 53(1)(ag) inserted by No. 27/2022 s. 75(b).

(ag) prescribing information for the purposes of applications for licences, including information about the types or categories of work to be undertaken by children;

(b) prescribing any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2) The regulations—

(a) may be of general or limited application;

(b) may differ according to differences in time, place or circumstances;

S. 53(2)(c) substituted by No. 27/2022 s. 44(2).

(c) may impose a penalty for a contravention of the regulations not exceeding 20 penalty units;

S. 53(2)(d) inserted by No. 27/2022 s. 44(2).

(d) may impose an infringement penalty for a contravention of this Act not exceeding 12 penalty units for an individual or 24 penalty units for a body corporate;

S. 53(2)(e) inserted by No. 27/2022 s. 44(2).

(e) may impose an infringement penalty for a contravention of the regulations not exceeding 4 penalty units.

Part 6—Repeals, amendments and transitional provisions

Pt 6 Div. 1 (Heading) inserted by No. 27/2022 s. 78(1).

Division 1—Child Employment Amendment Act 2010

S. 54
repealed by No. 28/2007 s. 3(Sch. item 5),
new s. 54 inserted by No. 26/2010 s. 35.

54 Existing permits and applications

(1) If a permit has been issued under section 16 before the commencement of section 15 of the Child Employment Amendment Act 2010 the permit continues in force after that commencement in accordance with its terms and subject to this Act as in force after that commencement.

(2) If an application for a permit under section 13 was received and not determined before the commencement of section 11 of the Child Employment Amendment Act 2010, that application must be determined in accordance with section 16, as amended by the Child Employment Amendment Act 2010, as if—

(a) the employer were the applicant; and

(b) the parent or guardian who made the application had consented to the application and the employer had provided a copy of the written consent of the parent or guardian to the Secretary together with the application for the permit.

S. 55
repealed by No. 28/2007 s. 3(Sch. item 5), new s. 55 inserted by No. 26/2010 s. 35.

55 Existing police checks and declarations

(1) Despite the commencement of section 20 of the Child Employment Amendment Act 2010—

(a) a person who was named on a permit or a declaration of suitability in force immediately before that commencement as a person permitted to employ or supervise a child in employment is not liable to an offence under section 19(1)(a) of this Act or section 33 of the Working with Children Act 2005 in respect of the supervision of that child for 12 months after the date the police check for that permit or declaration was issued for that employment or supervision;

(b) a person who was named on a permit or a declaration of suitability in force immediately before that commencement as a person permitted to employ or supervise a child in employment is not liable to an offence under section 19(1)(a) of this Act or section 33 of the Working with Children Act 2005 in respect of the supervision of the employment of any other child within 12 months after the date the police check for that permit or declaration was issued in respect of that employment or supervision if—

(i) the police check was issued within one month before the supervision of that other child commenced; or

(ii) in the case where the police check was issued more than one month before the supervision of that other child commenced, within one month before that supervision commenced the person made a statutory declaration—

(A) under section 13(2)(d)(ii) as in force immediately before the commencement of section 20 of the Child Employment Amendment Act 2010; or

(B) setting out the matters in subsection (2) and, in the case of an employer who supervises a child, provided the statutory declaration to the Secretary before the supervision of that other child commenced or, in the case of a supervisor who is employed, provided the statutory declaration to the employer before the supervision of that other child commenced.

(2) A statutory declaration under subsection (1)(b)(ii)(B) must state—

(a) that the person consented to a police check in connection with a permit referred to in subsection (1) within 12 months before the statutory declaration; and

(b) since the date of that consent the person has not been charged with any offence; and

(c) the name or business or trading name of the employer of that other child who is to be supervised.

(3) An employer who receives a statutory declaration under subsection (1)(b)(ii)(B) from a supervisor must forward the statutory declaration to the Secretary before the supervision of that other child commences.

(4) A person is not liable to an offence under section 35 of the Working with Children Act 2005 in respect of the engagement of a personreferred to in subsection (1) to supervise the child for the period of 12 months specified inthat section.

(5) A person is not liable to an offence under section 36 of the Working with Children Act 2005 in respect of offering the services of a person referred to in subsection (1) to supervise the child for the period of 12 months specified in that section.

(6) Section 46(1) does not apply to a child employment officer who, at the request of an employer referred to in this section, provides advice to the employer as to whether subsection(1)(b) applies to a person referred to in that paragraph who is, or is to be, employed by that employer to supervise a child.

Pt 6 Div. 2 (Heading) inserted by No. 27/2022 s. 78(2).

Division 2—Industrial Relations Legislation Amendment Act 2021

S. 56 repealed by No. 28/2007 s. 3(Sch. item 5), new s. 56 inserted by No. 14/2021 s. 23.

56 Transitional provisions—Industrial Relations Legislation Amendment Act 2021

(1) An application under section 13 that was pending immediately before the commencement of section 4 of the amending Act is taken, on and after that commencement, to be an application to the Wage Inspectorate Victoria under section 13 as amended by the amending Act.

(2) An application under section 13A that was pending immediately before the commencement of section 5 of the amending Act is taken, on and after that commencement, to be an application to the Wage Inspectorate Victoria under section 13A as amended by the amending Act.

(3) In determining an application referred to in subsection (1) or (2), the Wage Inspectorate Victoria may have regard to any investigations and inquiries carried out by the Secretary under section 14 in relation to the application before the commencement of section 6 of the amending Act.

(4) A permit granted under section 16 that was in force immediately before the commencement of section 7 of the amending Act remains in force on and after that commencement as if it had been granted by the Wage Inspectorate Victoria under section 16 as amended by the amending Act.

(5) A permit granted under section 16A that was in force immediately before the commencement of section 8 of the amending Act remains in force on and after that commencement as if it had been granted by the Wage Inspectorate Victoria under section 16A as amended by the amending Act.

(6) Any conditions to which a permit referred to in subsection (4) or (5) was subject immediately before the commencement of section 9 of the amending Act remain in force on and after that commencement as if they had been determined by the Wage Inspectorate Victoria under section 17 as amended by the amending Act.

(7) The approval of a form under section 18B(3)(a) that was in force immediately before the commencement of section 12 of the amending Act remains in force on and after that commencement until a form is approved by the Wage Inspectorate Victoria under that section as amended by the amending Act.

(8) If an employer provided a copy of an exemption to the Secretary under section 18B(5)(b) before the commencement of section 12 of the amending Act, the copy is taken, on and after that commencement, to have been provided to the Wage Inspectorate Victoria.

(9) A person who was a child employment officer immediately before the commencement of section 17 of the amending Act remains a child employment officer on and after that commencement as if the person had been appointed by the Wage Inspectorate Victoria under section 38 as amended by the amending Act.

(10) Any directions in force under section 38(2) immediately before the commencement of section 17 of the amending Act remain in force on and after that commencement as if they were directions issued by the Wage Inspectorate Victoria under section 38(2) as amended by the amending Act.

(11) An identity card issued to a child employment officer under section 39 that was in force immediately before the commencement of section 18 of the amending Act remains in force on and after that commencement as if it had been issued by the Wage Inspectorate Victoria under section 39 as amended by the amending Act.

(12) A written authority that was in force under section 46(2)(d) immediately before the commencement of section 19 of the amending Act remains in force on and after that commencement in accordance with its tenor as if it had been given by the Wage Inspectorate Victoria under section 46(2)(d) as amended by the amending Act.

(13) An authorisation by the Secretary that was in force under section 49A(1) immediately before the commencement of section 20 of the amending Act remains in force on and after that commencement as if it had been given by the Wage Inspectorate Victoria under section 49A(1) as amended by the amending Act.

(14) A delegation by the Secretary under section 52 that was in force immediately before the commencement of section 22 of the amending Act remains in force on and after that commencement as if it were a delegation by the Wage Inspectorate Victoria under section 52 as amended by the amending Act.

(15) In this section—

amending Act means the Industrial Relations Legislation Amendment Act 2021.

Pt 6 Div. 3 (Heading and ss 57–63) inserted by No. 27/2022 s. 79.

Division 3—Child Employment Amendment Act 2022

S. 57 inserted by No. 27/2022 s. 79.

57 Information and documents required

(a) a notice was given to a person under section 44, as in force immediately before the commencement of section 34 of the Child Employment Amendment Act 2022; and

(b) the person to whom the notice was given has not complied with the notice before that commencement.

(2) The person must, within the period specified in the notice—

(a) give an authorised officer any information required by the child employment officer who gave the notice; and

(b) produce to an authorised officer any document required by the child employment officer who gave the notice.

(3) An authorised officer may inspect, and make copies or take extracts from, a document produced to the authorised officer under subsection (2).

S. 58 inserted by No. 27/2022 s. 79.

58 Retention of documents

(a) a child employment officer retained a document under section 45, as it was in force immediately before the commencement of section 35 of the Child Employment Amendment Act 2022; and

(b) the child employment officer did not return the document to the person otherwise entitled to its possession before that commencement.

(2) An authorised officer may retain the document for the period necessary for the purpose of performing the authorised officer's functions and exercising the authorised officer's powers.

(3) During the period that the authorised officer retains the document under subsection (2), the authorised officer must permit the person otherwise entitled to its possession to inspect it and to make copies of it or take extracts from it.

S. 59 inserted by No. 27/2022 s. 79.

59 Work experience arrangements

Section 5.4.11(3) of the Education and Training Reform Act 2006, as in force immediately before the commencement of section 45 of the Child Employment Amendment Act 2022, continues to apply in respect of a work experience arrangement that—

(a) began before that commencement; and

(b) has not finished before that commencement.

S. 60 inserted by No. 27/2022 s. 79.

60 Applications for permits that are on foot

(a) a person makes an application for a permit under Part 2, as that Part was in force immediately before the commencement of Part 3 of the Child Employment Amendment Act 2022; and

(b) before that commencement, the Wage Inspectorate Victoria did not grant the permit or refuse to grant the permit.

(2) This Act, as in force immediately before the commencement of Part 3 of the Child Employment Amendment Act 2022, continues to apply in respect of the application for the permit.

S. 61 inserted by No. 27/2022 s. 79.

61 Application of this Act to certain permits

(1) A permit granted on an application referred to in section 60—

(a) continues in force on and from the commencement of Part 3 of the Child Employment Amendment Act 2022 in accordance with its terms; and

(b) this Act, as in force immediately before that commencement, continues to apply in respect of the permit.

(2) An old permit that is in force immediately before the commencement of Part 3 of the Child Employment Amendment Act 2022—

(a) continues in force on and from that commencement in accordance with its terms; and

(b) this Act, as in force immediately before that commencement, continues to apply in respect of the permit.

old permit means a permit within the meaning of this Act, as this Act was in force immediately before the commencement of Part 3 of the Child Employment Amendment Act 2022.

S. 62 inserted by No. 27/2022 s. 79.

62 Compliance notices that are on foot

(a) the Wage Inspectorate Victoria issued a compliance notice before the commencement of Part 3 of the Child Employment Amendment Act 2022; and

(b) the date specified in the notice or, if the Wage Inspectorate Victoria has extended the date under section 46B(3), the extended date, is on or after that commencement.

(2) The compliance notice—

(a) continues in force on and from the commencement of Part 3 of the Child Employment Amendment Act 2022 in accordance with its terms; and

(b) this Act, as in force immediately before that commencement, continues to apply in respect of the compliance notice.

S. 63 inserted by No. 27/2022 s. 79, repealed by No. 81/2003 s. 63(4).

S. 57 repealed by No. 28/2007 s. 3(Sch. item 5).

S. 58
repealed by No. 26/2010 s. 35.

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 9 April 2003

Legislative Council: 16 September 2003

The long title for the Bill for this Act was "to reform the law relating to the employment of children under the age of 15, to repeal Division 9 of Part III of the Community Services Act 1970 and consequentially amend that Act and the Education Act 1958 and for other purposes."

The Child Employment Act 2003 was assented on 11 November 2003 and came into operation on 12 June 2004: Special Gazette (No. 61) 15 March 2004 page 1.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Child Employment Act 2003 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Child Employment Act 2003, No. 81/2003

| Assent Date: | 11.11.03 | | Commencement Date: | S. 63(4) inserted on 1.7.23 by No. 27/2022 s. 79: s. 2(2) | | Note: | S. 63(4) repealed s. 63 on 1.7.25 |

Pharmacy Practice Act 2004, No. 80/2004

| Assent Date: | 16.11.04 | | Commencement Date: | S. 150(Sch. 2 item 1) on 1.7.05: s. 2(3) |

Public Administration Act 2004, No. 108/2004

| Assent Date: | 21.12.04 | | Commencement Date: | S. 117(1)(Sch. 3 item 28) on 5.4.05: Government Gazette 31.3.05 p. 602 |

Health Professions Registration Act 2005, No. 97/2005

| Assent Date: | 7.12.05 | | Commencement Date: | S. 182(Sch. 4 item 8) on 1.7.07: s. 2(3) |

Education and Training Reform Act 2006, No. 24/2006

| Assent Date: | 16.5.06 | | Commencement Date: | S. 6.1.2(Sch. 7 item 4) on 1.07.07: Government Gazette 28.6.07 p. 1304 |

Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006

| Assent Date: | 15.8.06 | | Commencement Date: | S. 42(Sch. item 5) on 23.4.07: s. 2(3) |

Statute Law Revision Act, No. 28/2007

| Assent Date: | 26.6.07 | | Commencement Date: | S.3(Sch. item 5) on 27.6.07: s. 2(1) |

Education and Training Reform Miscellaneous Amendments Act 2007,
No. 58/2007

| Assent Date: | 27.11.07 | | Commencement Date: | S. 50 on 1.7.07: s. 2(2) |

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

| Assent Date: | 30.3.10 | | Commencement Date: | S. 51(Sch. item 10) on 1.7.10: s. 2(2) |

Child Employment Amendment Act 2010, No. 26/2010

| Assent Date: | 8.6.10 | | Commencement Date: | Ss 4–35 on 31.12.10: s. 2(2) |

Working with Children Amendment Act 2010, No. 51/2010

| Assent Date: | 24.8.10 | | Commencement Date: | S. 25 on 31.12.10: s. 2(4) |

Fair Trading Amendment (Australian Consumer Law) Act 2010, No. 72/2010

| Assent Date: | 19.10.10 | | Commencement Date: | S. 48(Sch. item 4) on 1.1.11: Special Gazette (No. 502) 20.12.10 p. 1 |

Statute Law Revision Act 2012, No. 43/2012

| Assent Date: | 27.6.12 | | Commencement Date: | S. 3(Sch. item 4) on 28.6.12: s. 2(1) |

Statute Law Revision Act 2013, No. 70/2013

| Assent Date: | 19.11.13 | | Commencement Date: | S. 4(Sch. 2 item 8) on 1.12.13: s. 2(1) |

Legal Profession Uniform Law Application Act 2014, No. 17/2014

| Assent Date: | 25.3.14 | | Commencement Date: | S. 160(Sch. 2 item 13) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 |

Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014, No. 19/2014

| Assent Date: | 1.4.14 | | Commencement Date: | S. 90 on 30.9.15: Special Gazette (No. 278) 22.9.15 p. 1 |

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

| Assent Date: | 3.6.14 | | Commencement Date: | S. 10(Sch. item 16) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |

Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014, No. 61/2014

| Assent Date: | 9.9.14 | | Commencement Date: | S. 163 on 1.3.16: s. 2(3) |

Worker Screening Act 2020, No. 34/2020

| Assent Date: | 4.11.20 | | Commencement Date: | Ss 163–168 on 1.2.21: Special Gazette (No. 647) 8.12.20 p. 1 |

Industrial Relations Legislation Amendment Act 2021, No. 14/2021

| Assent Date: | 11.5.21 | | Commencement Date: | Ss 3–23 on 1.7.21: s. 2(1) |

Child Employment Amendment Act 2022, No. 27/2022

| Assent Date: | 28.6.22 | | Commencement Date: | Ss 4–44, 46–75, 78, 79 on 1.7.23: s. 2(2) |

Justice Legislation Amendment (Police and Other Matters) Act 2024, No. 2/2024

| Assent Date: | 20.2.24 | | Commencement Date: | Ss 3, 4 on 21.2.24: s. 2(1) |

Wage Theft Amendment Act 2025, No. 35/2025

| Assent Date: | 2.9.25 | | Commencement Date: | Ss 41–72 on 12.12.25: Special Gazette (No. 689) 9.12.25 p. 1 |

Statute Law Revision Act 2025, No. 41/2025

| Assent Date: | 21.10.25 | | Commencement Date: | S. 3(Sch. 1 item 9) on 22.10.25: s. 2 |

Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025, No. 58/2025

| Assent Date: | 16.12.25 | | Commencement Date: | S. 125(Sch. 2 item 2) on 9.2.26: Special Gazette (No. 50) 3.2.26 p. 1 |

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3 Explanatory details

No entries at date of publication.