sec.8CProhibition on inappropriate roles and situations

sec.8C Prohibition on inappropriate roles and situations

An employer must not require or permit a child to work in a role or situation that is inappropriate for the child, having regard to the child’s age, emotional and psychological development, maturity and sensitivity. Maximum penalty—100 penalty units. This provision is an executive liability provision—see section 33 . Without limiting subsection (1) , the child may not— be exposed to scenes or situations that are likely to distress or embarrass the child; or be made distressed to obtain a more realistic depiction of a particular emotional reaction; or perform an act of an explicit sexual nature or be present in an area while another person performs an act of an explicit sexual nature; or be present while another person is— nude; or clothed or covered in another way so— the person’s sexual organs or anus are visible; or if the person is a female who is at least 5 years—her breasts are visible. Subsection (2) (d) does not apply if— the child is under 12 months; and a parent of the child, who is not the employer of the child, has given the employer written consent to whichever of the following is relevant— the child being present while the other person is nude; the child being present while the other person is clothed or covered in another way so the person’s sexual organs or anus are visible; the child being present while the other person is clothed or covered in another way so the person’s breasts are visible; and a parent of the child is present while the child is present and the other person is as mentioned in subsection (2) (d) (i) or (ii) . However, a consent under subsection (3) (b) (ii) or (iii) need not cover all matters mentioned in the subsection so long as all matters in the subsection relevant to the work the child is to do are covered. s 8C ins 2013 No. 35 s 28 amd 2013 No. 51 s 229 sch 1 (sec.8C-ssec.1) An employer must not require or permit a child to work in a role or situation that is inappropriate for the child, having regard to the child’s age, emotional and psychological development, maturity and sensitivity. Maximum penalty—100 penalty units. This provision is an executive liability provision—see section 33 . (sec.8C-ssec.2) Without limiting subsection (1) , the child may not— be exposed to scenes or situations that are likely to distress or embarrass the child; or be made distressed to obtain a more realistic depiction of a particular emotional reaction; or perform an act of an explicit sexual nature or be present in an area while another person performs an act of an explicit sexual nature; or be present while another person is— nude; or clothed or covered in another way so— the person’s sexual organs or anus are visible; or if the person is a female who is at least 5 years—her breasts are visible. (sec.8C-ssec.3) Subsection (2) (d) does not apply if— the child is under 12 months; and a parent of the child, who is not the employer of the child, has given the employer written consent to whichever of the following is relevant— the child being present while the other person is nude; the child being present while the other person is clothed or covered in another way so the person’s sexual organs or anus are visible; the child being present while the other person is clothed or covered in another way so the person’s breasts are visible; and a parent of the child is present while the child is present and the other person is as mentioned in subsection (2) (d) (i) or (ii) . (sec.8C-ssec.4) However, a consent under subsection (3) (b) (ii) or (iii) need not cover all matters mentioned in the subsection so long as all matters in the subsection relevant to the work the child is to do are covered.