Child Employment Act 2006
sec.8Meaning of work in relation to a child
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sec.8 Meaning of work in relation to a child
Work , in relation to a child, means— work under a contract of service; or work under a contract, whether or not the contract is a contract of service, or at piecework rates, to perform work, for labour only or substantially for labour only; or work under a contract to perform work, whether or not the contract is a contract of service, unless the child— is paid to achieve a stated result or outcome; and has to supply all, or substantially all, of the plant and equipment, or tools of trade, needed to perform the work; and is, or would be, liable for the cost of fixing a fault with the work performed; or work under a contract, whether or not the contract is a contract of service, to perform work, unless a personal services business determination is in effect for the child under the Income Tax Assessment Act 1997 (Cwlth) , section 87 -60; or work that includes the supervision of other workers, whether or not the child is known as a supervisor, leading hand or other title; or participating or assisting in any business carried on for profit, whether or not the child receives payment or other reward for the child’s participation or assistance; or unpaid or voluntary work. Work does not include the following— domestic chores; collections work; work that is part of— work experience; or an apprenticeship; or a traineeship. However, for sections 8A to 8C , work , in relation to a child, includes work that is part of work experience, an apprenticeship or a traineeship. Also, for parts 2A and 2B , work , in relation to a child, includes employment that is part of an apprenticeship or a traineeship. s 8 amd 2007 No. 23 s 43 ; 2013 No. 35 s 27 ; 2014 No. 25 s 223 sch 1 pt 2 (sec.8-ssec.1) Work , in relation to a child, means— work under a contract of service; or work under a contract, whether or not the contract is a contract of service, or at piecework rates, to perform work, for labour only or substantially for labour only; or work under a contract to perform work, whether or not the contract is a contract of service, unless the child— is paid to achieve a stated result or outcome; and has to supply all, or substantially all, of the plant and equipment, or tools of trade, needed to perform the work; and is, or would be, liable for the cost of fixing a fault with the work performed; or work under a contract, whether or not the contract is a contract of service, to perform work, unless a personal services business determination is in effect for the child under the Income Tax Assessment Act 1997 (Cwlth) , section 87 -60; or work that includes the supervision of other workers, whether or not the child is known as a supervisor, leading hand or other title; or participating or assisting in any business carried on for profit, whether or not the child receives payment or other reward for the child’s participation or assistance; or unpaid or voluntary work. (sec.8-ssec.2) Work does not include the following— domestic chores; collections work; work that is part of— work experience; or an apprenticeship; or a traineeship. (sec.8-ssec.3) However, for sections 8A to 8C , work , in relation to a child, includes work that is part of work experience, an apprenticeship or a traineeship. (sec.8-ssec.4) Also, for parts 2A and 2B , work , in relation to a child, includes employment that is part of an apprenticeship or a traineeship.