(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.