23Contravention of conditions

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.