This regulation sets age-based limits on who may work and when, prescribes working-hour caps, supervision ratios, welfare measures (food, rest, accommodation), parental access and record-keeping, and detailed rules for children working in the entertainment industry. Employers carry the compliance costs and face penalties for breaches; parents have access and consent rights. Limited exceptions exist (medical advice, special-circumstances certificates, family business or volunteer work).
The Child Employment Regulation 2016 sets out detailed, mostly prescriptive rules about when children may work, the conditions under which they must be supervised, the records employers must keep, and various welfare-related obligations for employers where children are employed. It commenced on 1 September 2016 (s 2) and repeals the earlier Child Employment Regulation 2006 (s 47). The regulation operates as subordinate law that repeatedly references and implements provisions of the parent Act (frequent references to s 9 and s 12 of the Act appear throughout the Regulation). The Regulation also cross-references other statutory instruments, including the Education (General Provisions) Act 2006, the Industrial Relations Act 1999 and the Education (Queensland College of Teachers) Act 2005 (see, e.g., ss 25(1)(f), 16(3), 33(3)).
Mechanically, the instrument:
Establishes age-based prohibitions and exceptions: employers must not require or permit a child under 13 years to work except in specified circumstances (volunteer work, entertainment industry, delivery work for children aged at least 11) and subject to special-circumstances certificates (s 4).
Sets prohibited hours and weekly/daily caps for different child categories (young child, school-aged child) and cross-employer counting rules (ss 7-10, 25, 26-28).
Prescribes supervision standards including who qualifies as a supervisor and required supervisor-to-child ratios for on-set and similar environments (ss 11, 29-30).
Imposes welfare duties on employers including notice to parents when children are injured or ill, communication rights for children, induction training, protection against particular harms, and minimum facilities (ss 12-15, 31-45).
Requires specific records to be kept, and for defined periods, with offences and maximum penalties expressed in penalty units for many breaches (ss 16, 46; see “Penalties and enforcement” below).
Current sections
Direct links to the current provisions in Child Employment Regulation 2016.
62
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This regulation may be cited as the Child Employment Regulation 2016 .
sec.2
Commencement
sec.2 Commencement
This regulation commences on 1 September 2016.
sec.3
Dictionary
sec.3 Dictionary
The dictionary in schedule 3 defines particular words used in this regulation.
pt.2
General provisions for work performed by children
General provisions for work performed by children
pt.2-div.1
General restrictions on children working
General restrictions on children working
sec.4
Restrictions on work for children under 13 years
sec.4 Restrictions on work for children under 13 years
Generally, for section 9 (1) of the Act , an employer must not require or permit a child under 13 years to do any work.
However, a child of any age may do volunteer work or work in the entertainment industry.
Also, a child who is at least 11 years may do delivery work.
A special circumstances certificate may provide an exception to requirements under this section. See, however, section 9 (5) of the Act .
(sec.4-ssec.1) Generally, for section 9 (1) of the Act , an employer must not require or permit a child under 13 years to do any work.
(sec.4-ssec.2) However, a child of any age may do volunteer work or work in the entertainment industry.
(sec.4-ssec.3) Also, a child who is at least 11 years may do delivery work.
pt.2-div.2
General restrictions on working hours for children
General restrictions on working hours for children
sec.5
Purpose of division
sec.5 Purpose of division
This division states, for section 9 (3) of the Act , when a child may not work.
A special circumstances certificate may provide an exception to requirements under this division. See, however, section 9 (5) of the Act .
sec.6
Application of division
sec.6 Application of division
This division does not apply in relation to work done by a child—
that is work in the entertainment industry; or
See part 3 , divisions 2 and 3 for provisions about restrictions on the working hours for a child in the entertainment industry.
in a family business.
(a) that is work in the entertainment industry; or Note— See part 3 , divisions 2 and 3 for provisions about restrictions on the working hours for a child in the entertainment industry.
(b) in a family business.
sec.7
Prohibited working hours
sec.7 Prohibited working hours
A school-aged or young child may not work between 10.p.m. and 6.a.m.
A child who is 11 or 12 years may not do delivery work between 6.p.m. and 6.a.m.
(sec.7-ssec.1) A school-aged or young child may not work between 10.p.m. and 6.a.m.
(sec.7-ssec.2) A child who is 11 or 12 years may not do delivery work between 6.p.m. and 6.a.m.
sec.8
Working hours for young children
sec.8 Working hours for young children
A young child may not work if—
the child has already worked 12 hours during a week; or
the child has already worked 4 hours during a day; or
the child has already worked for the same employer for a period of time that ended within the previous 12 hours.
(sec.8-ssec) A young child may not work if— the child has already worked 12 hours during a week; or the child has already worked 4 hours during a day; or the child has already worked for the same employer for a period of time that ended within the previous 12 hours.
(a) the child has already worked 12 hours during a week; or
(b) the child has already worked 4 hours during a day; or
(c) the child has already worked for the same employer for a period of time that ended within the previous 12 hours.
sec.9
Working hours for school-aged children
sec.9 Working hours for school-aged children
A school-aged child may not work if—
it is a school week and the child has already worked 12 hours during the week; or
it is a week that is not a school week and the child has already worked 38 hours during the week; or
it is a school day and the child has already worked 4 hours on the day; or
it is a day that is not a school day and the child has already worked 8 hours on the day; or
the child has already worked for the same employer for a period of time that ended within the previous 12 hours.
Unless a relevant industrial instrument provides otherwise, a school-aged child may not continue to work on a particular day if—
the child has worked 4 consecutive hours on the day and not had at least 1 hour rest at the end of the fourth hour; or
the child has already worked for a period of time on the day.
In this section—
school day means a day on which the school-aged child is required to attend school.
school week means a week, starting on a Sunday, during which the school-aged child is required to attend school.
(sec.9-ssec.1) A school-aged child may not work if— it is a school week and the child has already worked 12 hours during the week; or it is a week that is not a school week and the child has already worked 38 hours during the week; or it is a school day and the child has already worked 4 hours on the day; or it is a day that is not a school day and the child has already worked 8 hours on the day; or the child has already worked for the same employer for a period of time that ended within the previous 12 hours.
(sec.9-ssec.2) Unless a relevant industrial instrument provides otherwise, a school-aged child may not continue to work on a particular day if— the child has worked 4 consecutive hours on the day and not had at least 1 hour rest at the end of the fourth hour; or the child has already worked for a period of time on the day.
(sec.9-ssec.3) In this section— school day means a day on which the school-aged child is required to attend school. school week means a week, starting on a Sunday, during which the school-aged child is required to attend school.
(a) it is a school week and the child has already worked 12 hours during the week; or
(b) it is a week that is not a school week and the child has already worked 38 hours during the week; or
(c) it is a school day and the child has already worked 4 hours on the day; or
(d) it is a day that is not a school day and the child has already worked 8 hours on the day; or
(e) the child has already worked for the same employer for a period of time that ended within the previous 12 hours.
(a) the child has worked 4 consecutive hours on the day and not had at least 1 hour rest at the end of the fourth hour; or
(b) the child has already worked for a period of time on the day.
sec.10
Calculating hours worked
sec.10 Calculating hours worked
For the purpose of calculating the hours worked by a school-aged or young child during a particular period, the hours worked by the child for any employer during the period must be counted.
(sec.10-ssec) For the purpose of calculating the hours worked by a school-aged or young child during a particular period, the hours worked by the child for any employer during the period must be counted.
pt.2-div.3
Supervision
Supervision
sec.11
Supervision
sec.11 Supervision
This section applies while a school-aged or young child does—
delivery work; or
work that involves the exchange of money.
For section 9 (6) of the Act , the prescribed way for the employer to supervise the child for the work is to ensure an adult is near the child and in regular contact with the child.
(sec.11-ssec.1) This section applies while a school-aged or young child does— delivery work; or work that involves the exchange of money.
(sec.11-ssec.2) For section 9 (6) of the Act , the prescribed way for the employer to supervise the child for the work is to ensure an adult is near the child and in regular contact with the child.
(a) delivery work; or
(b) work that involves the exchange of money.
pt.2-div.4
Working conditions related to children’s safety, health and wellbeing
Working conditions related to children’s safety, health and wellbeing
sec.12
Notice to parents
sec.12 Notice to parents
This section does not apply to—
an employer of a child if the employer is a parent of the child; or
an employer of a young child if the child works in the entertainment industry.
If a child is injured or becomes ill while at work and is no longer able to work, an employer of the child must ensure all reasonable steps are taken to notify a parent of the child about the injury or illness or, if it is not practicable to notify a parent, a nominated person for the child.
Maximum penalty—40 penalty units.
(sec.12-ssec.1) This section does not apply to— an employer of a child if the employer is a parent of the child; or an employer of a young child if the child works in the entertainment industry.
(sec.12-ssec.2) If a child is injured or becomes ill while at work and is no longer able to work, an employer of the child must ensure all reasonable steps are taken to notify a parent of the child about the injury or illness or, if it is not practicable to notify a parent, a nominated person for the child. Maximum penalty—40 penalty units.
(a) an employer of a child if the employer is a parent of the child; or
(b) an employer of a young child if the child works in the entertainment industry.
sec.13
Protection against particular harm
sec.13 Protection against particular harm
An employer of a child must take reasonable steps to ensure the child is not subject to deliberate or unnecessary social isolation or any behaviour likely to intimidate, threaten, frighten or humiliate the child.
Maximum penalty—40 penalty units.
(sec.13-ssec) An employer of a child must take reasonable steps to ensure the child is not subject to deliberate or unnecessary social isolation or any behaviour likely to intimidate, threaten, frighten or humiliate the child. Maximum penalty—40 penalty units.
sec.14
Communication with parents
sec.14 Communication with parents
An employer of a child must take reasonable steps to ensure that, while the child is at work, the child is able to contact a parent or, if it is not practicable to contact a parent, a nominated person for the child.
Maximum penalty—40 penalty units.
An employer of a child must, while the child is at work and if it is reasonable in the circumstances, allow the child to contact a parent or, if a parent can not be contacted, a nominated person for the child.
Maximum penalty—40 penalty units.
(sec.14-ssec.1) An employer of a child must take reasonable steps to ensure that, while the child is at work, the child is able to contact a parent or, if it is not practicable to contact a parent, a nominated person for the child. Maximum penalty—40 penalty units.
(sec.14-ssec.2) An employer of a child must, while the child is at work and if it is reasonable in the circumstances, allow the child to contact a parent or, if a parent can not be contacted, a nominated person for the child. Maximum penalty—40 penalty units.
sec.15
Induction training
sec.15 Induction training
An employer of a child must ensure the child is given induction training appropriate to the child’s age, including workplace health and safety training.
Maximum penalty—40 penalty units.
(sec.15-ssec) An employer of a child must ensure the child is given induction training appropriate to the child’s age, including workplace health and safety training. Maximum penalty—40 penalty units.
pt.2-div.5
Other working conditions
Other working conditions
sec.16
Records to be kept
sec.16 Records to be kept
An employer of a child must keep a record about the child’s employment with the employer that includes the following information—
the full name, date of birth and address of the child;
the name, address and phone number of—
the employer; and
a parent of the child; and
a nominated person for the child;
the address of the child’s workplace;
if the child is a school-aged or young child, particulars of the work done by the child, including—
the days and times when the child worked, including the time the child started work and the time the child finished work on a day; and
the rest periods for the child, including meal breaks;
if the child is not a school-aged or young child—a copy of an identification document issued under an Act or by the child’s school showing the child’s date of birth;
passport, birth certificate, school identification card
a copy of any of the following relevant to the child’s employment—
special circumstances certificate;
work limitation notice;
parent’s consent form.
Maximum penalty—40 penalty units.
The employer must keep the record at the employer’s place of business for 2 years after the last day the child worked for the employer.
Maximum penalty—40 penalty units.
This section applies in addition to the record-keeping requirements under the Industrial Relations Act 1999 .
(sec.16-ssec.1) An employer of a child must keep a record about the child’s employment with the employer that includes the following information— the full name, date of birth and address of the child; the name, address and phone number of— the employer; and a parent of the child; and a nominated person for the child; the address of the child’s workplace; if the child is a school-aged or young child, particulars of the work done by the child, including— the days and times when the child worked, including the time the child started work and the time the child finished work on a day; and the rest periods for the child, including meal breaks; if the child is not a school-aged or young child—a copy of an identification document issued under an Act or by the child’s school showing the child’s date of birth; passport, birth certificate, school identification card a copy of any of the following relevant to the child’s employment— special circumstances certificate; work limitation notice; parent’s consent form. Maximum penalty—40 penalty units.
(sec.16-ssec.2) The employer must keep the record at the employer’s place of business for 2 years after the last day the child worked for the employer. Maximum penalty—40 penalty units.
(sec.16-ssec.3) This section applies in addition to the record-keeping requirements under the Industrial Relations Act 1999 .
(a) the full name, date of birth and address of the child;
(b) the name, address and phone number of— (i) the employer; and (ii) a parent of the child; and (iii) a nominated person for the child;
(i) the employer; and
(ii) a parent of the child; and
(iii) a nominated person for the child;
(c) the address of the child’s workplace;
(d) if the child is a school-aged or young child, particulars of the work done by the child, including— (i) the days and times when the child worked, including the time the child started work and the time the child finished work on a day; and (ii) the rest periods for the child, including meal breaks;
(i) the days and times when the child worked, including the time the child started work and the time the child finished work on a day; and
(ii) the rest periods for the child, including meal breaks;
(e) if the child is not a school-aged or young child—a copy of an identification document issued under an Act or by the child’s school showing the child’s date of birth; Examples— passport, birth certificate, school identification card
(f) a copy of any of the following relevant to the child’s employment— (i) special circumstances certificate; (ii) work limitation notice; (iii) parent’s consent form.
(i) special circumstances certificate;
(ii) work limitation notice;
(iii) parent’s consent form.
(i) the employer; and
(ii) a parent of the child; and
(iii) a nominated person for the child;
(i) the days and times when the child worked, including the time the child started work and the time the child finished work on a day; and
(ii) the rest periods for the child, including meal breaks;
(i) special circumstances certificate;
(ii) work limitation notice;
(iii) parent’s consent form.
sec.17
Child employment guide
sec.17 Child employment guide
An employer of a school-aged or young child must ensure a copy of the child employment guide is displayed conspicuously in the child’s workplace and can be easily accessed by the child to read.
Maximum penalty—20 penalty units.
(sec.17-ssec) An employer of a school-aged or young child must ensure a copy of the child employment guide is displayed conspicuously in the child’s workplace and can be easily accessed by the child to read. Maximum penalty—20 penalty units.
sec.18
Special circumstances certificate
sec.18 Special circumstances certificate
An application under section 12 of the Act for a special circumstances certificate must be made at least 21 days before the certificate is needed.
(sec.18-ssec) An application under section 12 of the Act for a special circumstances certificate must be made at least 21 days before the certificate is needed.
pt.3
Provisions for work performed by children in entertainment industry
Provisions for work performed by children in entertainment industry
pt.3-div.1
Preliminary
Preliminary
sec.19
Application of part
sec.19 Application of part
This part applies in relation to a school-aged or young child working in the entertainment industry.
This part applies in addition to the requirements relating to school-aged or young children who work in the entertainment industry under part 2 , divisions 3 , 4 and 5 .
(sec.19-ssec) This part applies in relation to a school-aged or young child working in the entertainment industry.
pt.3-div.2
General restrictions on children under 12 weeks working
General restrictions on children under 12 weeks working
sec.20
Purpose of division
sec.20 Purpose of division
This division states, for section 9 (1) (b) of the Act , when a child under 12 weeks is permitted to work in the entertainment industry.
(sec.20-ssec) This division states, for section 9 (1) (b) of the Act , when a child under 12 weeks is permitted to work in the entertainment industry.
sec.21
Working 1 hour or less
sec.21 Working 1 hour or less
A child who is under 12 weeks is permitted to work for 1 hour or less on a day if—
a parent of the child is present while the child is at work; and
the employer is satisfied on advice from a parent of the child that—
the child was born at full term and in good health; and
the child’s birth weight was at least 3 kilograms; and
the child has not had a health problem since birth; and
the child is feeding properly; and
the child’s weight gain from birth has been satisfactory.
(sec.21-ssec) A child who is under 12 weeks is permitted to work for 1 hour or less on a day if— a parent of the child is present while the child is at work; and the employer is satisfied on advice from a parent of the child that— the child was born at full term and in good health; and the child’s birth weight was at least 3 kilograms; and the child has not had a health problem since birth; and the child is feeding properly; and the child’s weight gain from birth has been satisfactory.
(a) a parent of the child is present while the child is at work; and
(b) the employer is satisfied on advice from a parent of the child that— (i) the child was born at full term and in good health; and (ii) the child’s birth weight was at least 3 kilograms; and (iii) the child has not had a health problem since birth; and (iv) the child is feeding properly; and (v) the child’s weight gain from birth has been satisfactory.
(i) the child was born at full term and in good health; and
(ii) the child’s birth weight was at least 3 kilograms; and
(iii) the child has not had a health problem since birth; and
(iv) the child is feeding properly; and
(v) the child’s weight gain from birth has been satisfactory.
(i) the child was born at full term and in good health; and
(ii) the child’s birth weight was at least 3 kilograms; and
(iii) the child has not had a health problem since birth; and
(iv) the child is feeding properly; and
(v) the child’s weight gain from birth has been satisfactory.
sec.22
Working more than 1 hour
sec.22 Working more than 1 hour
A child who is under 12 weeks is permitted to work for more than 1 hour on a day if—
a parent of the child, and a midwife or registered nurse, are present while the child is at work; and
the midwife or registered nurse advises the employer that the work environment is unlikely to distress the child and that the child is suitable to perform the work; and
the employer follows the advice of the midwife or registered nurse about the welfare of the child.
(sec.22-ssec) A child who is under 12 weeks is permitted to work for more than 1 hour on a day if— a parent of the child, and a midwife or registered nurse, are present while the child is at work; and the midwife or registered nurse advises the employer that the work environment is unlikely to distress the child and that the child is suitable to perform the work; and the employer follows the advice of the midwife or registered nurse about the welfare of the child.
(a) a parent of the child, and a midwife or registered nurse, are present while the child is at work; and
(b) the midwife or registered nurse advises the employer that the work environment is unlikely to distress the child and that the child is suitable to perform the work; and
(c) the employer follows the advice of the midwife or registered nurse about the welfare of the child.
pt.3-div.3
General restrictions on working hours for school-aged or young children
General restrictions on working hours for school-aged or young children
sec.23
Purpose of division
sec.23 Purpose of division
This division states, for section 9 (3) of the Act , when a school-aged or young child may not work in the entertainment industry.
(sec.23-ssec) This division states, for section 9 (3) of the Act , when a school-aged or young child may not work in the entertainment industry.
sec.24
Application of division
sec.24 Application of division
This division does not apply in relation to work done by a school-aged or young child in a family business.
sec.25
Working hours generally
sec.25 Working hours generally
A school-aged or young child may not work if—
for a child who started work before 8a.m. on a day—the child has not been given at least 1 hour rest at the end of the fifth hour; or
for a child who started work between 8a.m. and 10a.m. on a day—the child has not been given at least 1 hour rest starting before 1p.m. on the day; or
for a child under 13 years who has worked for 50 minutes—the child has not been given at least 10 minutes rest, unless the child is starting a rest period under paragraph (a) or (b) ; or
the child has already worked for the same employer for a period of time that ended within the previous 12 hours; or
if it is a school day and the child is required to attend school for at least 3 hours—the child has already worked for 4 hours on the day; or
if, in the previous 7 days, the total of the following is more than 40 hours—
the hours the child has worked for any employer;
the hours the child is required to attend school, including the hours (if any) the child is required to participate in an external program under the Education (General Provisions) Act 2006 .
Under the Education (General Provisions) Act 2006 , schedule 4 , external program is defined to include a program under arrangements approved under section 182 or 183 of that Act, including programs under flexible arrangements.
Also, if a child has worked for an employer for a period of time on a particular day, the child may not work again for the employer on the day unless—
the child left work to attend school; and
the child works for the employer for only 1 further period of time on the day.
(sec.25-ssec.1) A school-aged or young child may not work if— for a child who started work before 8a.m. on a day—the child has not been given at least 1 hour rest at the end of the fifth hour; or for a child who started work between 8a.m. and 10a.m. on a day—the child has not been given at least 1 hour rest starting before 1p.m. on the day; or for a child under 13 years who has worked for 50 minutes—the child has not been given at least 10 minutes rest, unless the child is starting a rest period under paragraph (a) or (b) ; or the child has already worked for the same employer for a period of time that ended within the previous 12 hours; or if it is a school day and the child is required to attend school for at least 3 hours—the child has already worked for 4 hours on the day; or if, in the previous 7 days, the total of the following is more than 40 hours— the hours the child has worked for any employer; the hours the child is required to attend school, including the hours (if any) the child is required to participate in an external program under the Education (General Provisions) Act 2006 . Under the Education (General Provisions) Act 2006 , schedule 4 , external program is defined to include a program under arrangements approved under section 182 or 183 of that Act, including programs under flexible arrangements.
(sec.25-ssec.2) Also, if a child has worked for an employer for a period of time on a particular day, the child may not work again for the employer on the day unless— the child left work to attend school; and the child works for the employer for only 1 further period of time on the day.
(a) for a child who started work before 8a.m. on a day—the child has not been given at least 1 hour rest at the end of the fifth hour; or
(b) for a child who started work between 8a.m. and 10a.m. on a day—the child has not been given at least 1 hour rest starting before 1p.m. on the day; or
(c) for a child under 13 years who has worked for 50 minutes—the child has not been given at least 10 minutes rest, unless the child is starting a rest period under paragraph (a) or (b) ; or
(d) the child has already worked for the same employer for a period of time that ended within the previous 12 hours; or
(e) if it is a school day and the child is required to attend school for at least 3 hours—the child has already worked for 4 hours on the day; or
(f) if, in the previous 7 days, the total of the following is more than 40 hours— (i) the hours the child has worked for any employer; (ii) the hours the child is required to attend school, including the hours (if any) the child is required to participate in an external program under the Education (General Provisions) Act 2006 . Note— Under the Education (General Provisions) Act 2006 , schedule 4 , external program is defined to include a program under arrangements approved under section 182 or 183 of that Act, including programs under flexible arrangements.
(i) the hours the child has worked for any employer;
(ii) the hours the child is required to attend school, including the hours (if any) the child is required to participate in an external program under the Education (General Provisions) Act 2006 . Note— Under the Education (General Provisions) Act 2006 , schedule 4 , external program is defined to include a program under arrangements approved under section 182 or 183 of that Act, including programs under flexible arrangements.
(i) the hours the child has worked for any employer;
(ii) the hours the child is required to attend school, including the hours (if any) the child is required to participate in an external program under the Education (General Provisions) Act 2006 . Note— Under the Education (General Provisions) Act 2006 , schedule 4 , external program is defined to include a program under arrangements approved under section 182 or 183 of that Act, including programs under flexible arrangements.
(a) the child left work to attend school; and
(b) the child works for the employer for only 1 further period of time on the day.
sec.26
Working hours in recorded entertainment
sec.26 Working hours in recorded entertainment
A school-aged or young child may not work in recorded entertainment—
after 9p.m. on a day if the child is required to attend school before 9a.m. on the next day; or
outside the hours during which a child may work stated in schedule 1 , column 2 for the child’s age group; or
if the child has worked for the maximum working hours for a day stated in schedule 1 , column 3 for the child’s age group; or
if, in the previous 7 days, the child has worked on the maximum number of days a child may work in a 7 day period stated in schedule 1 , column 4 for the child’s age group.
In this section—
age group , for a child, means the age group stated in schedule 1 , column 1 that corresponds to the child’s age.
(sec.26-ssec.1) A school-aged or young child may not work in recorded entertainment— after 9p.m. on a day if the child is required to attend school before 9a.m. on the next day; or outside the hours during which a child may work stated in schedule 1 , column 2 for the child’s age group; or if the child has worked for the maximum working hours for a day stated in schedule 1 , column 3 for the child’s age group; or if, in the previous 7 days, the child has worked on the maximum number of days a child may work in a 7 day period stated in schedule 1 , column 4 for the child’s age group.
(sec.26-ssec.2) In this section— age group , for a child, means the age group stated in schedule 1 , column 1 that corresponds to the child’s age.
(a) after 9p.m. on a day if the child is required to attend school before 9a.m. on the next day; or
(b) outside the hours during which a child may work stated in schedule 1 , column 2 for the child’s age group; or
(c) if the child has worked for the maximum working hours for a day stated in schedule 1 , column 3 for the child’s age group; or
(d) if, in the previous 7 days, the child has worked on the maximum number of days a child may work in a 7 day period stated in schedule 1 , column 4 for the child’s age group.
sec.27
Working hours in live entertainment
sec.27 Working hours in live entertainment
A school-aged or young child may not work in live entertainment—
outside the hours during which a child may work stated in schedule 2 , column 2 for the child’s age group; or
if the child has worked for the maximum working hours for a day stated in schedule 2 , column 3 for the child’s age group; or
if, in the previous 7 days, the child has worked on the maximum number of days a child may work in a 7 day period stated in schedule 2 , column 4 for the child’s age group.
In this section—
age group , for a child, means the age group stated in schedule 2 , column 1 that corresponds to the child’s age.
(sec.27-ssec.1) A school-aged or young child may not work in live entertainment— outside the hours during which a child may work stated in schedule 2 , column 2 for the child’s age group; or if the child has worked for the maximum working hours for a day stated in schedule 2 , column 3 for the child’s age group; or if, in the previous 7 days, the child has worked on the maximum number of days a child may work in a 7 day period stated in schedule 2 , column 4 for the child’s age group.
(sec.27-ssec.2) In this section— age group , for a child, means the age group stated in schedule 2 , column 1 that corresponds to the child’s age.
(a) outside the hours during which a child may work stated in schedule 2 , column 2 for the child’s age group; or
(b) if the child has worked for the maximum working hours for a day stated in schedule 2 , column 3 for the child’s age group; or
(c) if, in the previous 7 days, the child has worked on the maximum number of days a child may work in a 7 day period stated in schedule 2 , column 4 for the child’s age group.
sec.28
Calculating hours worked
sec.28 Calculating hours worked
For the purpose of calculating the hours worked by a child under this division, the following must be counted—
the time the child is at work, other than a rest period for the child under section 25 (1) (a) and (b) ; and
if the child spent more than 45 minutes travelling from home to a workplace—the time starting 45 minutes after the child left home and ending when the child arrived at the place; and
if the child spent more than 45 minutes travelling from the day’s final workplace to home—the time starting 45 minutes after the child left the place and ending when the child arrived home; and
if the employer brings the child to a workplace—the time starting when the child arrives at the place and ending when the child starts work; and
if the employer takes the child home from a workplace—the time starting when the child finishes work and ending when the child starts the journey home.
(sec.28-ssec) For the purpose of calculating the hours worked by a child under this division, the following must be counted— the time the child is at work, other than a rest period for the child under section 25 (1) (a) and (b) ; and if the child spent more than 45 minutes travelling from home to a workplace—the time starting 45 minutes after the child left home and ending when the child arrived at the place; and if the child spent more than 45 minutes travelling from the day’s final workplace to home—the time starting 45 minutes after the child left the place and ending when the child arrived home; and if the employer brings the child to a workplace—the time starting when the child arrives at the place and ending when the child starts work; and if the employer takes the child home from a workplace—the time starting when the child finishes work and ending when the child starts the journey home.
(a) the time the child is at work, other than a rest period for the child under section 25 (1) (a) and (b) ; and
(b) if the child spent more than 45 minutes travelling from home to a workplace—the time starting 45 minutes after the child left home and ending when the child arrived at the place; and
(c) if the child spent more than 45 minutes travelling from the day’s final workplace to home—the time starting 45 minutes after the child left the place and ending when the child arrived home; and
(d) if the employer brings the child to a workplace—the time starting when the child arrives at the place and ending when the child starts work; and
(e) if the employer takes the child home from a workplace—the time starting when the child finishes work and ending when the child starts the journey home.
pt.3-div.4
Supervision
Supervision
sec.29
Meaning of supervisor
sec.29 Meaning of supervisor
A supervisor , for a child aged 6 years to 15 years, is—
a parent of the child; or
a person who holds a certificate III level education and care qualification or approved diploma level education and care qualification under the Education and Care Services Regulation 2013 .
A supervisor , for a child under 6 years, is—
a person mentioned in subsection (1) ; or
a registered nurse; or
a midwife.
(sec.29-ssec.1) A supervisor , for a child aged 6 years to 15 years, is— a parent of the child; or a person who holds a certificate III level education and care qualification or approved diploma level education and care qualification under the Education and Care Services Regulation 2013 .
(sec.29-ssec.2) A supervisor , for a child under 6 years, is— a person mentioned in subsection (1) ; or a registered nurse; or a midwife.
(a) a parent of the child; or
(b) a person who holds a certificate III level education and care qualification or approved diploma level education and care qualification under the Education and Care Services Regulation 2013 .
(a) a person mentioned in subsection (1) ; or
(b) a registered nurse; or
(c) a midwife.
sec.30
Supervisor to child ratios
sec.30 Supervisor to child ratios
For section 9 (6) of the Act , this section prescribes the ways for an employer of a school-aged or young child to supervise the child.
The child is to be directly supervised by at least the following number of supervisors—
if the child is under 3 years—1 supervisor for every 2 children under 3 years;
for 1 child under 3 years there must be at least 1 supervisor directly supervising the child
for 3 children under 3 years there must be at least 2 supervisors directly supervising the children
if the child is a young child who is 3 years or over—1 supervisor for every 4 young children who are 3 years or over;
if the child is a school-aged child—1 supervisor for every 8 school-aged children.
For working out the number of supervisors required under subsection (2) —
if the number of children under 3 years is not a multiple of 2—the number is taken to be the next highest multiple of 2; and
if the number of young children who are 3 years or over is not a multiple of 4—the number is taken to be the next highest multiple of 4; and
if the number of school-aged children is not a multiple of 8—the number is taken to be the next highest multiple of 8.
(sec.30-ssec.1) For section 9 (6) of the Act , this section prescribes the ways for an employer of a school-aged or young child to supervise the child.
(sec.30-ssec.2) The child is to be directly supervised by at least the following number of supervisors— if the child is under 3 years—1 supervisor for every 2 children under 3 years; for 1 child under 3 years there must be at least 1 supervisor directly supervising the child for 3 children under 3 years there must be at least 2 supervisors directly supervising the children if the child is a young child who is 3 years or over—1 supervisor for every 4 young children who are 3 years or over; if the child is a school-aged child—1 supervisor for every 8 school-aged children.
(sec.30-ssec.3) For working out the number of supervisors required under subsection (2) — if the number of children under 3 years is not a multiple of 2—the number is taken to be the next highest multiple of 2; and if the number of young children who are 3 years or over is not a multiple of 4—the number is taken to be the next highest multiple of 4; and if the number of school-aged children is not a multiple of 8—the number is taken to be the next highest multiple of 8.
(a) if the child is under 3 years—1 supervisor for every 2 children under 3 years; Examples— 1 for 1 child under 3 years there must be at least 1 supervisor directly supervising the child 2 for 3 children under 3 years there must be at least 2 supervisors directly supervising the children
1 for 1 child under 3 years there must be at least 1 supervisor directly supervising the child
2 for 3 children under 3 years there must be at least 2 supervisors directly supervising the children
(b) if the child is a young child who is 3 years or over—1 supervisor for every 4 young children who are 3 years or over;
(c) if the child is a school-aged child—1 supervisor for every 8 school-aged children.
1 for 1 child under 3 years there must be at least 1 supervisor directly supervising the child
2 for 3 children under 3 years there must be at least 2 supervisors directly supervising the children
(a) if the number of children under 3 years is not a multiple of 2—the number is taken to be the next highest multiple of 2; and
(b) if the number of young children who are 3 years or over is not a multiple of 4—the number is taken to be the next highest multiple of 4; and
(c) if the number of school-aged children is not a multiple of 8—the number is taken to be the next highest multiple of 8.
pt.3-div.5
Working conditions related to children’s safety, health and wellbeing
Working conditions related to children’s safety, health and wellbeing
sec.31
Notice to parents
sec.31 Notice to parents
This section does not apply to an employer of a school-aged or young child if the employer is a parent of the child.
An employer of a young child must ensure that, if the child is injured or becomes ill while at work, all reasonable steps are taken to notify a parent of the child or, if a parent can not be notified, a nominated person for the child.
Maximum penalty—40 penalty units.
If an employer of a young child knows, or reasonably ought to know, the child has been exposed to a contagious medical condition while at work, the employer must ensure all reasonable steps are taken to notify a parent of the child or, if a parent can not be notified, a nominated person for the child.
Maximum penalty—40 penalty units.
(sec.31-ssec.1) This section does not apply to an employer of a school-aged or young child if the employer is a parent of the child.
(sec.31-ssec.2) An employer of a young child must ensure that, if the child is injured or becomes ill while at work, all reasonable steps are taken to notify a parent of the child or, if a parent can not be notified, a nominated person for the child. Maximum penalty—40 penalty units.
(sec.31-ssec.3) If an employer of a young child knows, or reasonably ought to know, the child has been exposed to a contagious medical condition while at work, the employer must ensure all reasonable steps are taken to notify a parent of the child or, if a parent can not be notified, a nominated person for the child. Maximum penalty—40 penalty units.
sec.32
Access for parents
sec.32 Access for parents
An employer of a school-aged or young child must allow a parent of the child to be at the child’s workplace while the child is at work.
Maximum penalty—40 penalty units.
An employer does not commit an offence against subsection (1) if the employer excludes a parent of a school-aged or young child from an area of the workplace where the child is working, or from contacting the child directly, if—
the parent is excluded for a limited time; and
the reason for excluding the parent is—
to ensure the employer’s production is not disrupted; or
to protect the health and safety of a person in the workplace.
Subsection (2) does not apply if a parent is present under section 8A (2) (c) or 8C (3) (c) of the Act .
(sec.32-ssec.1) An employer of a school-aged or young child must allow a parent of the child to be at the child’s workplace while the child is at work. Maximum penalty—40 penalty units.
(sec.32-ssec.2) An employer does not commit an offence against subsection (1) if the employer excludes a parent of a school-aged or young child from an area of the workplace where the child is working, or from contacting the child directly, if— the parent is excluded for a limited time; and the reason for excluding the parent is— to ensure the employer’s production is not disrupted; or to protect the health and safety of a person in the workplace.
(sec.32-ssec.3) Subsection (2) does not apply if a parent is present under section 8A (2) (c) or 8C (3) (c) of the Act .
(a) the parent is excluded for a limited time; and
(b) the reason for excluding the parent is— (i) to ensure the employer’s production is not disrupted; or (ii) to protect the health and safety of a person in the workplace.
(i) to ensure the employer’s production is not disrupted; or
(ii) to protect the health and safety of a person in the workplace.
(i) to ensure the employer’s production is not disrupted; or
(ii) to protect the health and safety of a person in the workplace.
sec.33
Engaging teachers
sec.33 Engaging teachers
This section applies if—
an arrangement has been approved for a school-aged child under the Education (General Provisions) Act 2006 , section 182 or 183 ; and
under the arrangement—
a registered teacher must provide a program to the child; and
the hours when the program must be provided are during a period of time when the child is to work for an employer.
The employer of the child must not require or permit the child to work unless—
the employer engages a qualified teacher to provide the program during the program hours; and
the employer provides an area and facilities that the qualified teacher reasonably considers are needed to provide the program.
Maximum penalty—40 penalty units.
In this section—
qualified teacher means a registered teacher who is able to provide the program.
registered teacher means a registered teacher under the Education (Queensland College of Teachers) Act 2005 .
(sec.33-ssec.1) This section applies if— an arrangement has been approved for a school-aged child under the Education (General Provisions) Act 2006 , section 182 or 183 ; and under the arrangement— a registered teacher must provide a program to the child; and the hours when the program must be provided are during a period of time when the child is to work for an employer.
(sec.33-ssec.2) The employer of the child must not require or permit the child to work unless— the employer engages a qualified teacher to provide the program during the program hours; and the employer provides an area and facilities that the qualified teacher reasonably considers are needed to provide the program. Maximum penalty—40 penalty units.
(sec.33-ssec.3) In this section— qualified teacher means a registered teacher who is able to provide the program. registered teacher means a registered teacher under the Education (Queensland College of Teachers) Act 2005 .
(a) an arrangement has been approved for a school-aged child under the Education (General Provisions) Act 2006 , section 182 or 183 ; and
(b) under the arrangement— (i) a registered teacher must provide a program to the child; and (ii) the hours when the program must be provided are during a period of time when the child is to work for an employer.
(i) a registered teacher must provide a program to the child; and
(ii) the hours when the program must be provided are during a period of time when the child is to work for an employer.
(i) a registered teacher must provide a program to the child; and
(ii) the hours when the program must be provided are during a period of time when the child is to work for an employer.
(a) the employer engages a qualified teacher to provide the program during the program hours; and
(b) the employer provides an area and facilities that the qualified teacher reasonably considers are needed to provide the program.
sec.34
Exposure of children under 12 weeks to particular harm
sec.34 Exposure of children under 12 weeks to particular harm
An employer of a child who is under 12 weeks must ensure the child is not—
exposed to harmful lights; or
exposed to cosmetics that may cause irritation or be contaminated; or
exposed to, or touched by, a person the employer knows, or reasonably ought to know, has a contagious medical condition that can be transmitted by touch.
(sec.34-ssec) An employer of a child who is under 12 weeks must ensure the child is not— exposed to harmful lights; or exposed to cosmetics that may cause irritation or be contaminated; or exposed to, or touched by, a person the employer knows, or reasonably ought to know, has a contagious medical condition that can be transmitted by touch.
(a) exposed to harmful lights; or
(b) exposed to cosmetics that may cause irritation or be contaminated; or
(c) exposed to, or touched by, a person the employer knows, or reasonably ought to know, has a contagious medical condition that can be transmitted by touch.
sec.35
Illness or injury
sec.35 Illness or injury
An employer must not require or permit a school-aged or young child to work if the employer knows, or reasonably ought to know, the child is injured or ill, and is not able to work.
Maximum penalty—40 penalty units.
An employer must not require or permit a school-aged or young child to work if the employer knows, or reasonably ought to know, the child has been exposed to a contagious medical condition.
Maximum penalty—40 penalty units.
(sec.35-ssec.1) An employer must not require or permit a school-aged or young child to work if the employer knows, or reasonably ought to know, the child is injured or ill, and is not able to work. Maximum penalty—40 penalty units.
(sec.35-ssec.2) An employer must not require or permit a school-aged or young child to work if the employer knows, or reasonably ought to know, the child has been exposed to a contagious medical condition. Maximum penalty—40 penalty units.
sec.36
Leaving a workplace—children under 13 years
sec.36 Leaving a workplace—children under 13 years
An employer of a child under 13 years must take reasonable steps to ensure the child does not leave the child’s workplace unless the child is in the care of a parent or an authorised person.
Maximum penalty—40 penalty units.
(sec.36-ssec) An employer of a child under 13 years must take reasonable steps to ensure the child does not leave the child’s workplace unless the child is in the care of a parent or an authorised person. Maximum penalty—40 penalty units.
sec.37
Leaving a workplace—children 13 years or older
sec.37 Leaving a workplace—children 13 years or older
An employer of a school-aged child who is 13 years or older must take reasonable steps to ensure the child does not leave the child’s workplace unless—
the child is in the care of a parent or an authorised person; or
all of the following apply—
the child’s home is less than 10km from the child’s workplace;
the child’s journey home will ordinarily have the child arriving home before 6p.m.;
the employer has taken reasonable steps to ensure the child starts the journey home within 30 minutes after the child finishes work; or
all of the following apply—
a parent of the child has given the employer written consent to allow the child to travel home alone;
the child’s journey will ordinarily have the child arriving home before 8:30p.m.;
the employer has taken reasonable steps to ensure the child starts the journey home within 30 minutes after the child finishes work.
Maximum penalty—40 penalty units.
(sec.37-ssec) An employer of a school-aged child who is 13 years or older must take reasonable steps to ensure the child does not leave the child’s workplace unless— the child is in the care of a parent or an authorised person; or all of the following apply— the child’s home is less than 10km from the child’s workplace; the child’s journey home will ordinarily have the child arriving home before 6p.m.; the employer has taken reasonable steps to ensure the child starts the journey home within 30 minutes after the child finishes work; or all of the following apply— a parent of the child has given the employer written consent to allow the child to travel home alone; the child’s journey will ordinarily have the child arriving home before 8:30p.m.; the employer has taken reasonable steps to ensure the child starts the journey home within 30 minutes after the child finishes work.
(a) the child is in the care of a parent or an authorised person; or
(b) all of the following apply— (i) the child’s home is less than 10km from the child’s workplace; (ii) the child’s journey home will ordinarily have the child arriving home before 6p.m.; (iii) the employer has taken reasonable steps to ensure the child starts the journey home within 30 minutes after the child finishes work; or
(i) the child’s home is less than 10km from the child’s workplace;
(ii) the child’s journey home will ordinarily have the child arriving home before 6p.m.;
(iii) the employer has taken reasonable steps to ensure the child starts the journey home within 30 minutes after the child finishes work; or
(c) all of the following apply— (i) a parent of the child has given the employer written consent to allow the child to travel home alone; (ii) the child’s journey will ordinarily have the child arriving home before 8:30p.m.; (iii) the employer has taken reasonable steps to ensure the child starts the journey home within 30 minutes after the child finishes work.
(i) a parent of the child has given the employer written consent to allow the child to travel home alone;
(ii) the child’s journey will ordinarily have the child arriving home before 8:30p.m.;
(iii) the employer has taken reasonable steps to ensure the child starts the journey home within 30 minutes after the child finishes work.
(i) the child’s home is less than 10km from the child’s workplace;
(ii) the child’s journey home will ordinarily have the child arriving home before 6p.m.;
(iii) the employer has taken reasonable steps to ensure the child starts the journey home within 30 minutes after the child finishes work; or
(i) a parent of the child has given the employer written consent to allow the child to travel home alone;
(ii) the child’s journey will ordinarily have the child arriving home before 8:30p.m.;
(iii) the employer has taken reasonable steps to ensure the child starts the journey home within 30 minutes after the child finishes work.
pt.3-div.6
Other working conditions
Other working conditions
sec.38
Application of division
sec.38 Application of division
This division applies to an employer of a school-aged or young child.
sec.39
Child employment guide
sec.39 Child employment guide
This section does not apply to an employer of a child if the employer is a parent of the child.
The employer must ensure the following are given to a parent of the child—
information about the child employment guide;
if requested by the parent—a copy of the guide.
Maximum penalty for subsection (2) —20 penalty units.
(sec.39-ssec.1) This section does not apply to an employer of a child if the employer is a parent of the child.
(sec.39-ssec.2) The employer must ensure the following are given to a parent of the child— information about the child employment guide; if requested by the parent—a copy of the guide. Maximum penalty for subsection (2) —20 penalty units.
(a) information about the child employment guide;
(b) if requested by the parent—a copy of the guide.
sec.40
Food and drink
sec.40 Food and drink
The employer must provide the child with safe drinking water at all times and provide food and beverages appropriate to the needs of the child on a regular basis while the child is at work.
Maximum penalty—40 penalty units.
The employer must ensure food or beverages provided for the child are nutritious, adequate in quantity and chosen having regard to the child’s age, culture, dietary requirements and taste.
Maximum penalty—40 penalty units.
(sec.40-ssec.1) The employer must provide the child with safe drinking water at all times and provide food and beverages appropriate to the needs of the child on a regular basis while the child is at work. Maximum penalty—40 penalty units.
(sec.40-ssec.2) The employer must ensure food or beverages provided for the child are nutritious, adequate in quantity and chosen having regard to the child’s age, culture, dietary requirements and taste. Maximum penalty—40 penalty units.
sec.41
Protection from weather
sec.41 Protection from weather
The employer must ensure the child is adequately clothed and protected from illness or injury caused by the weather.
sunburn
Maximum penalty—40 penalty units.
(sec.41-ssec) The employer must ensure the child is adequately clothed and protected from illness or injury caused by the weather. sunburn Maximum penalty—40 penalty units.
sec.42
Dressing facilities
sec.42 Dressing facilities
The employer must provide adequate and appropriate changing facilities for the child to use while at work that allow the child to change clothes in private.
Maximum penalty—40 penalty units.
(sec.42-ssec) The employer must provide adequate and appropriate changing facilities for the child to use while at work that allow the child to change clothes in private. Maximum penalty—40 penalty units.
sec.43
Rest facilities
sec.43 Rest facilities
The employer must provide adequate and appropriate rest facilities for the child to use while at work that take into account the child’s age and development needs.
Maximum penalty—40 penalty units.
(sec.43-ssec) The employer must provide adequate and appropriate rest facilities for the child to use while at work that take into account the child’s age and development needs. Maximum penalty—40 penalty units.
sec.44
Recreational materials
sec.44 Recreational materials
The employer must provide adequate and appropriate recreational materials for the child to use while at work that take into account the child’s age and development needs.
Maximum penalty—40 penalty units.
(sec.44-ssec) The employer must provide adequate and appropriate recreational materials for the child to use while at work that take into account the child’s age and development needs. Maximum penalty—40 penalty units.
sec.45
Accommodation
sec.45 Accommodation
This section applies if the employer requires the child to be away from home for 1 or more nights.
The employer must provide, and pay for, appropriate accommodation for the child while the employer requires the child to be away from home.
Maximum penalty—40 penalty units.
The employer must provide, and pay for, appropriate accommodation for a parent of the child while the employer requires the child to be away from home if—
the parent asks the employer to provide, and pay for, the accommodation; and
the parent accompanies the child.
Maximum penalty—40 penalty units.
(sec.45-ssec.1) This section applies if the employer requires the child to be away from home for 1 or more nights.
(sec.45-ssec.2) The employer must provide, and pay for, appropriate accommodation for the child while the employer requires the child to be away from home. Maximum penalty—40 penalty units.
(sec.45-ssec.3) The employer must provide, and pay for, appropriate accommodation for a parent of the child while the employer requires the child to be away from home if— the parent asks the employer to provide, and pay for, the accommodation; and the parent accompanies the child. Maximum penalty—40 penalty units.
(a) the parent asks the employer to provide, and pay for, the accommodation; and
(b) the parent accompanies the child.
sec.46
Records to be kept
sec.46 Records to be kept
The employer must keep a record about the child that includes the following information—
particulars of any medical conditions or allergies suffered by the child;
particulars of any medical needs of the child;
particulars of any dietary needs of the child;
the name, address and phone number of an authorised person;
the address of the child’s workplace or, if there is no address, particulars of the workplace to ensure it can be located.
Maximum penalty—40 penalty units.
The employer must keep the record at the employer’s place of business for 2 years after the last day the child worked for the employer.
(sec.46-ssec.1) The employer must keep a record about the child that includes the following information— particulars of any medical conditions or allergies suffered by the child; particulars of any medical needs of the child; particulars of any dietary needs of the child; the name, address and phone number of an authorised person; the address of the child’s workplace or, if there is no address, particulars of the workplace to ensure it can be located. Maximum penalty—40 penalty units.
(sec.46-ssec.2) The employer must keep the record at the employer’s place of business for 2 years after the last day the child worked for the employer.
(a) particulars of any medical conditions or allergies suffered by the child;
(b) particulars of any medical needs of the child;
(c) particulars of any dietary needs of the child;
(d) the name, address and phone number of an authorised person;
(e) the address of the child’s workplace or, if there is no address, particulars of the workplace to ensure it can be located.
pt.4
Repeal
Repeal
sec.47
Repeal
sec.47 Repeal
The Child Employment Regulation 2006 SL No. 143 is repealed.
(sec.47-ssec) The Child Employment Regulation 2006 SL No. 143 is repealed.
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This regulation may be cited as the Child Employment Regulation 2016 .
sec.2 Commencement
sec.2 Commencement
This regulation commences on 1 September 2016.
sec.3 Dictionary
sec.3 Dictionary
The dictionary in schedule 3 defines particular words used in this regulation.
pt.2 General provisions for work performed by children
General provisions for work performed by children
pt.2-div.1 General restrictions on children working
General restrictions on children working
sec.4 Restrictions on work for children under 13 years
sec.4 Restrictions on work for children under 13 years
Generally, for section 9 (1) of the Act , an employer must not require or permit a child under 13 years to do any work.
However, a child of any age may do volunteer work or work in the entertainment industry.
Also, a child who is at least 11 years may do delivery work.
A special circumstances certificate may provide an exception to requirements under this section. See, however, section 9 (5) of the Act .
(sec.4-ssec.1) Generally, for section 9 (1) of the Act , an employer must not require or permit a child under 13 years to do any work.
(sec.4-ssec.2) However, a child of any age may do volunteer work or work in the entertainment industry.
(sec.4-ssec.3) Also, a child who is at least 11 years may do delivery work.
pt.2-div.2 General restrictions on working hours for children
General restrictions on working hours for children
sec.5 Purpose of division
sec.5 Purpose of division
This division states, for section 9 (3) of the Act , when a child may not work.
A special circumstances certificate may provide an exception to requirements under this division. See, however, section 9 (5) of the Act .
sec.6 Application of division
sec.6 Application of division
This division does not apply in relation to work done by a child—
that is work in the entertainment industry; or
See part 3 , divisions 2 and 3 for provisions about restrictions on the working hours for a child in the entertainment industry.
in a family business.
(a) that is work in the entertainment industry; or Note— See part 3 , divisions 2 and 3 for provisions about restrictions on the working hours for a child in the entertainment industry.
Requires display and provision of a child employment guide in workplaces and to parents in some circumstances (ss 17, 39).
Sets procedural detail for special circumstances certificates, notably an application lead time of 21 days (s 18).
The Regulation differentiates general employment (Part 2) from work in the entertainment industry (Part 3) and provides additional, sometimes stricter, conditions for entertainment work, including special rules for children under 12 weeks (ss 20-22) and detailed time-counting rules (s 28). It also expressly excludes certain rules for family businesses and makes multiple carve-outs where the employer is a parent (see, e.g., ss 6, 12(1), 31(1), 39(1)).
The instrument therefore translates higher-level prohibitions and exceptions in the parent Act into concrete operational obligations for employers and supervisors, sets out compliance mechanics (records, display, contact), and prescribes criminal penalties in penalty units for failing to meet many of those duties.
Main concepts
The Regulation organises obligations around age categories (not all definitions are in the text supplied; the dictionary in schedule 3 is referenced in s 3), types of work, hours, supervision and welfare. The main legal concepts used by the instrument are:
Prohibition and permission by age category. Section 4 provides a default prohibition on employment of children under 13 years, subject to enumerated exceptions (volunteer work, entertainment industry, delivery work if at least 11) and the possibility of a special circumstances certificate (s 4). Part 3 then applies specialised regimes to school-aged and young children working in the entertainment industry (s 19).
Time limits and caps. Sections 7-10 and 25-28 define prohibited working hours and maximum shifts and weekly totals. The Regulation distinguishes “young child” and “school-aged child” limits, sets night-time prohibitions (s 7), daily/weekly maximum hours, rest break rules (s 9(2), s 25(1)(a)-(b)), and special counting rules for entertainment work including travel and employer-provided transport times (s 28).
Cross-employer aggregation. The Regulation requires counting hours worked for any employer when calculating whether caps are exceeded (s 10; s 25(1)(f) references hours worked for any employer in a seven-day total). This imposes an aggregation obligation on employers (and de facto a compliance obligation on parents/children to disclose other work).
Supervision as an enforceable standard. The Regulation prescribes both qualitative requirements (an adult near the child in regular contact , s 11) and quantitative ratios by age group and rounding rules (s 29-30). Different qualifications for supervisors apply depending on the child’s age (parents, certificate III/diploma education qualifications, registered nurse or midwife for under 6s , s 29).
Welfare and safety duties. Employers must take “reasonable steps” to notify parents where a child is injured or ill and must ensure contactability, induction training, protection from social isolation and intimidation, and other protections (ss 12-15, 13-15). Many of these duties attract maximum penalties expressed as penalty units (see “Penalties and enforcement”).
Parental access and consent. Part 3 includes an express right for parents to be at a child’s workplace (s 32), subject to limited exclusions where production would be disrupted or health and safety require it, and where specified sections of the Act apply (s 32(2)-(3)). Employers must provide material to parents about the child employment guide and supply it on request (s 39).
Record-keeping and display duties. Employers must maintain detailed records about children including identity, contact details for parents/nominated persons, workplace address, particulars of hours and rest breaks for school-aged/young children, and copies of documents such as special circumstances certificates, work limitation notices and parent consent forms (ss 16, 46). Records must be retained at the place of business for two years after the child’s last working day (s 16(2), s 46(2)). The child employment guide must be conspicuously displayed and accessible to the child (s 17).
Interaction with other statutory frameworks. The Regulation expressly operates alongside other instruments: it applies “in addition to” particular parts of the Act (s 19), requires adherence to the Industrial Relations Act 1999 record-keeping duties (s 16(3)), links with the Education (General Provisions) Act 2006 in calculating school attendance hours for tradeoffs with permitted work hours (s 25(1)(f)), and requires registered teachers under the Education (Queensland College of Teachers) Act 2005 to be engaged in certain approved arrangements (s 33).
Special circumstances and exemptions. Multiple duties may be overridden by a special circumstances certificate or a work limitation notice where authorised under the Act; the Regulation prescribes procedural detail (notably a minimum 21-day application timeframe for a special circumstances certificate , s 18).
These concepts translate statutory policy into operational compliance rules that specify who must act, the minimum standards for action (often in express numeric terms), and documentation and proof burdens for employers.
Who it affects
The Regulation primarily imposes obligations on employers who engage children, and secondarily on supervisors, parents and qualified professionals who may be engaged in supervisory or welfare roles. Key affected parties include:
Employers of children (general). Throughout Parts 2 and 3 the text addresses “an employer of a child”, “an employer of a school‑aged or young child” and similar formulations and imposes duties such as not requiring under‑13s to work (s 4), supervision obligations (s 11), notification and communication duties (ss 12, 14), induction training (s 15), record-keeping (s 16), display and provision of the child employment guide (ss 17, 39), and a suite of welfare, facilities and accommodation duties in Part 3 (ss 40-46). Employers who are parents are sometimes excluded from particular duties (see ss 12(1), 31(1), 39(1)).
Employers in the entertainment industry. Part 3 applies additional or different rules to school‑aged and young children in entertainment work (s 19). Entertainment employers face additional time-counting rules (s 28), qualifications and supervisor ratios tailored to on-set conditions (ss 29-30), parental access obligations (s 32), requirements for engaging qualified teachers when schooling arrangements are in place (s 33), and a number of child‑welfare obligations including food, rest, dressing and recreational facilities, suitable accommodation and payment for travel/accommodation (ss 40-46). Specific provisions address neonates under 12 weeks (ss 20-22) and harmful exposures (s 34).
Supervisors and qualified professionals. The Regulation defines who may act as a supervisor and prescribes minimum qualifications for supervisors for different age groups (s 29). For children under 6, supervisors may include registered nurses and midwives in addition to parents and early childhood-qualified persons (s 29(2)). For under‑12‑week infants, the presence of a midwife or registered nurse is required for work exceeding one hour (s 22).
Parents and nominated persons. Parents are a point of contact and decision-making: employers must notify parents of injury/illness and allow parental access, subject to limited exclusions (ss 12, 14, 31, 32). Parents can give written consent for a 13+ child to travel home alone under defined conditions (s 37).
Teachers. Where an approved flexible arrangement requires a registered teacher to deliver a program during hours the child would otherwise be working, the employer must engage a qualified (registered) teacher and provide suitable facilities (s 33).
Children themselves. The Regulation imposes rights and protections for children, including rest breaks, access to parents, supervision, and welfare guarantees such as nutritious food and rest facilities (ss 11, 14, 40-44).
Employers operating family businesses. The Regulation provides carve-outs where work is in a family business (s 6, s 24). Those employers may be exempt from certain parts of the working hours/division rules.
Record auditors and regulators. While the Regulation lists maximum penalties for breaches (see “Penalties and enforcement”), it also requires records to be maintained for two years and displayed documentation that regulators or inspectors would use to assess compliance (ss 16, 17, 46).
In practice the Regulation affects hiring decisions, rostering, rostering across multiple employers because of cross‑employer counting rules (s 10, s 25(1)(f)), recruitment of supervisors with particular qualifications (s 29), provisioning of facilities and food (ss 40-44), logistic arrangements for parental access and travel home (ss 32, 36-37), and administrative burdens such as maintaining and storing records (ss 16, 46). The employer bears most of the direct operational costs and decision authority under the instrument; parents and teachers are implicated in consent, attendance and provision of professional advice or services.
Key duties and rights
This section summarises enforceable duties placed on employers, the specific rights the Regulation gives to children and parents, and the procedural requirements that allocate decision-making and information burdens.
Primary duties on employers
Age‑based work prohibition: Do not require or permit a child under 13 years to work except where expressly permitted (volunteer work, entertainment industry, delivery work for children 11 or older) or a special circumstances certificate allows it (s 4).
Hours and rest limits: Observe prohibited hours and caps for young and school‑aged children (s 7 prohibits work between 10 p.m. and 6 a.m. for school‑aged or young children; s 8 caps young children at 4 hours/day and 12 hours/week; s 9 caps school‑aged children at 4 hours/day in school weeks up to 12 hours, and 8/38 hours in non-school days/weeks, with rest break requirements and aggregation rules).
Cross-employer counting: Count hours worked for any employer when calculating totals (s 10; s 25(1)(f) for seven-day totals including school attendance).
Supervision: Ensure adult proximity and regular contact when a child is doing delivery work or work involving exchange of money (s 11). For entertainment work, comply with supervisor definitions and numeric ratios (ss 29-30).
Welfare and communication: Take reasonable steps to notify parents/nominated persons if the child is injured or ill, ensure the child can contact a parent while at work and permit contact when reasonable (ss 12, 14). Provide induction training appropriate to the child’s age, including workplace health and safety training (s 15).
Protection from particular harms: Take reasonable steps to prevent deliberate social isolation and behaviour likely to intimidate, threaten, frighten or humiliate the child (s 13).
Child employment guide: Display the guide conspicuously where school-aged or young children work, and provide information and copies to parents on request (ss 17, 39).
Records: Keep specified records (child ID, parent/contact details, workplace address, particulars of days/times worked and rest periods for school-aged and young children, copies of certificates and notices) and retain them at the business for two years (s 16).
Entertainment‑specific duties: Additional protective duties for child performers including food, water, protection from weather and harmful lights, changing and rest facilities, recreational materials, accommodation (with employers required to pay for accommodation when the child is required away from home), and medical/allergy/dietary records (ss 20-46). For infants under 12 weeks there are special physical condition checks and supervisory presence conditions (ss 21-22, 34).
Rights and protections
Right of a child to contact parent: Employers must take reasonable steps to ensure the child can contact a parent or nominated person while at work and allow contact when reasonable (s 14).
Parental presence and access: Parents have a right to be at a child’s workplace while the child works, subject to limited exclusions to prevent disruption or protect health and safety (s 32).
Parental consent: The Regulation recognises parent-written consent for specific allowances (for example, a 13+ child travelling home alone under conditions in s 37).
Access to the child employment guide: Children must have the child employment guide displayed and accessible at workplaces where school-aged or young children work (s 17); parents can request a copy (s 39).
Procedural and documentary duties
Special circumstances certificate: Applications must be made at least 21 days before the certificate is needed (s 18).
Engagement of teachers: If a statutory education arrangement requires a registered teacher to provide a program during work hours, the employer must engage a qualified teacher and provide appropriate facilities (s 33).
Supervisor qualifications and ratios: Employers must ensure supervisors meet the qualification thresholds and ratios set out in s 29-30.
Penalty-bearing duties are frequent: many contraventions attract maximum penalties expressed as penalty units, often 40 penalty units for welfare and supervision failures and 20 penalty units for some guide/display failures (see “Penalties and enforcement”).
Decision allocation and discretion
Terms such as “reasonable steps”, “satisfied on advice” and “follow the advice of a midwife or registered nurse” allocate judgement to employers and in some cases to professionals whose advice the employer must follow (ss 21-22, 12, 15, 34). These standards create areas of employer discretion but impose documentary and evidentiary burdens (for instance, keeping advice or consent forms in the records required by s 16).
Overall, the Regulation moves policy into day-to-day operational duties on employers, prescribes rights to parental access and child contact, and places evidentiary burdens on employers through records, displays and retention periods.
Penalties and enforcement
The Regulation specifies maximum penalties for breaches of many of its provisions; those penalties are expressed in penalty units. The instrument does not itself specify an enforcement agency or detailed enforcement procedure in the text provided, but it attaches monetary (penalty unit) maxima to specific contraventions and makes repeated reference to offences under the parent Act (for example by drafting certain rules “for section 9” of the Act). The key penalty-related features are:
Penalty quantum where stated. Many duties attract a maximum of 40 penalty units. Examples include:
Notice to parents on injury/illness in general employment (s 12(2) , max 40 penalty units).
Protection against deliberate social isolation or intimidating behaviour (s 13 , max 40 penalty units).
Communication obligations to enable child-parent contact and permitting contact where reasonable (s 14(1)-(2) , each max 40 penalty units).
Induction training duty (s 15 , max 40 penalty units).
Record-keeping duty for employer (s 16(1)-(2) , max 40 penalty units).
Parental notification and exposure-to-contagion duties for young children in entertainment (s 31(2)-(3) , max 40 penalty units).
Parental access obligation (s 32(1) , max 40 penalty units), with limited exceptions in s 32(2).
Duty to engage a qualified teacher and provide facilities where required (s 33(2) , max 40 penalty units).
Illness/injury and exposure-to-contagion prohibitions in entertainment work (s 35(1)-(2) , each max 40 penalty units).
Leaving-workplace duties for children under 13/13+ (ss 36-37 , each max 40 penalty units).
Welfare and facilities duties (food and drink s 40(1)-(2); protection from weather s 41; dressing, rest and recreational facilities ss 42-44; accommodation s 45; records s 46) , many of these carry a maximum penalty of 40 penalty units.
Lower penalty on specified items. The child employment guide display and supply obligations carry smaller maxima:
Display of the child employment guide (s 17 , max 20 penalty units).
Giving information about and supplying the child employment guide to parents on request (s 39(2) , max 20 penalty units).
Some obligations in the Regulation are phrased as prohibitions without an explicit penalty set out in the clause as supplied (for example s 34 concerning harm to under‑12‑week infants does not in the text include a penalty). Where the Regulation is silent as to a penalty the parent Act may provide the enforcement mechanism or penalty; the Regulation as provided does not specify that link in every instance.
Record retention and evidentiary implications. The two‑year retention period for employment records (s 16(2), s 46(2)) means that regulators assessing compliance will be able to require production of records for that period. Several duties require employers to maintain copies of special circumstances certificates, work limitation notices or parent consent forms (s 16(1)(f)), so absence of records can itself expose employers to contravention findings where a record is mandated.
Relationship with other enforcement frameworks. The Regulation expressly states that the record-keeping requirement in s 16 applies in addition to record obligations under the Industrial Relations Act 1999 (s 16(3)). The Regulation repeatedly operates “for section 9(1) of the Act” or “for section 9(3) of the Act”, indicating the Regulation enforces or gives practical effect to offences and restrictions contained in the parent Act; enforcement mechanisms for contraventions that are framed as offences under the Act will therefore ultimately depend on the Act’s enforcement provisions, which are outside the Regulation text provided.
Enforcement risk and compliance exposure
The regulation’s use of “reasonable steps”, “satisfied on advice”, “follow the advice”, and other standards makes many duties fact‑sensitive and reliant on documentary proof, increasing evidentiary burdens on employers in enforcement proceedings.
Numeric and documentary requirements (supervisor ratios, supervisor qualifications, record retention, display obligations) create discrete compliance items that regulators can test objectively.
Because many provisions require aggregation of hours across employers (s 10 and s 25(1)(f)), employers can be exposed where a child’s multiple employers are not coordinating or where records are incomplete.
The Regulation therefore attaches relatively high maximum penalties to a broad swathe of welfare and supervision obligations; it frames many obligations as offences and supplies operational evidence requirements that will affect how regulators seek to establish contraventions.
How it interacts with other laws
The Regulation is structured to be read alongside a parent Act and other statutory instruments. The primary cross-references in the text supplied are:
The parent Act. Numerous provisions are expressed as filling out or operationalising sections of the parent Act (for example the Regulation states that certain provisions are “for section 9(1) of the Act” or “for section 9(3) of the Act” , see ss 4, 5, 20, 23). The Regulation therefore does not stand alone; it implements the Act’s substantive prohibitions and exemptions. The Act appears to contain the foundational offence provisions and the special circumstances and work limitation certificate regimes referred to in the Regulation (s 4 references exceptions and s 18 requires applications “under section 12 of the Act” for special circumstances certificates).
Industrial Relations Act 1999. Section 16(3) states that the record-keeping obligations in the Regulation apply in addition to record-keeping requirements under the Industrial Relations Act 1999. Employers must therefore comply with both sets of obligations, and inspectors or industrial authorities may use both instruments’ requirements when reviewing compliance.
Education (General Provisions) Act 2006. Section 25(1)(f) requires counting hours a child is required to attend school, including participation in external programs defined under the Education (General Provisions) Act 2006, in the seven-day limit allocation; schedule 4 of that Act is explicitly mentioned. That creates a direct interaction between schooling obligations and permissible work hours, forcing employers to take account of statutory school requirements when rostering children.
Education (Queensland College of Teachers) Act 2005. Section 33(3) defines “registered teacher” by reference to that Act; when a statutory schooling arrangement under the Education (General Provisions) Act requires teacher-delivered programs during work hours, the employer must engage a “qualified teacher” who is a registered teacher under the Education (Queensland College of Teachers) Act (s 33).
Education and Care Services Regulation 2013. Section 29(1) and (2) require certain supervisor qualifications described as “certificate III level education and care qualification or approved diploma level education and care qualification under the Education and Care Services Regulation 2013”. Employers using supervisors without those qualifications may therefore conflict with that regulation even if it applies in another context; the Regulation ties supervisor qualifications to that external instrument.
Schedules within the Regulation. Schedules 1-3 and references to schedule 3’s dictionary are integral for operationalising the Regulation. For example, s 26 and s 27 require reference to schedules 1 and 2 for age groups, permissible hours and maximum working days. The Regulation in many places defers to schedule definitions and numerical tables that are not contained in the body text reproduced here, which means practical compliance requires consulting those schedules.
Parent Act provisions referenced by number. The Regulation relies on parent Act sections beyond s 9 and s 12 , for example ss 8A and 8C are referenced in s 32(3) as exceptions to the parental access exclusion in s 32(2). Employers must therefore check the parent Act for full scope and for enforcement mechanics, where the Regulation omits to specify an enforcement agency or penalty for certain provisions.
Practical implications of interactions
Employers must coordinate compliance across multiple regimes: the child employment rules here, industrial-record obligations under the Industrial Relations Act, schooling obligations under the Education (General Provisions) Act and teacher‑registration rules, plus qualification regulations for education and care supervisors. That increases administrative complexity.
Counting school attendance hours as part of a seven-day cap (s 25(1)(f)) creates an operational interface between schools and employers: employers need information about statutory school attendance obligations and approved external programs to calculate lawful working time.
The Regulation prescribes qualifications by reference to another regulation (Education and Care Services Regulation 2013) and describes teacher engagement by reference to the teacher registration Act. Employers in entertainment and childcare settings will need to confirm qualifications against external registers and instruments.
Overall, the Regulation is not self-contained and mandates employers consult and, in many cases, obtain documents or services that are governed elsewhere. The cross-references concentrate practical compliance risk where coordination between employers, parents, schools, registered professionals and external regulatory registers is necessary.
Amendment history
The Regulation’s explicit historical markers in the text provided are limited but clear:
Commencement. The Regulation commences on 1 September 2016 (s 2). That is the operative date for these provisions.
Repeal of prior regulation. Section 47 expressly repeals the Child Employment Regulation 2006 SL No. 143. That is the only repeal or substitution event recorded in the Regulation text provided.
No other amendments recorded in the supplied text. The body of the Regulation as provided does not include a schedule of amendments, commencement of particular parts at different times, or transitional provisions except for the general commencement provision in s 2. Any subsequent amendments post‑commencement, or historical amendments prior to the provided consolidation, are not included in the text available here.
Internal cross-references to other acts and schedules. The Regulation depends on schedules within itself (s 3 refers to the dictionary in schedule 3; s 26-27 refer to schedules 1 and 2 for hours by age groups) which determine the detailed numeric limits and definitions. Those schedules form part of the Regulation’s operative content and would be part of any amendment history if they were changed, but the text provided does not include the schedules themselves nor an amendment log.
Implication for compliance and research
To obtain a complete amendment history, practitioners must consult the official legislative database or the publication that records the Regulation’s chronological amendments and any subsequent repeals, variations or transitional arrangements beyond s 47’s repeal of the 2006 instrument.
Because the Regulation ties to definitions and numerical tables in schedules, checking whether those schedules have been amended since commencement is critical; the central text references those schedules for age groups, hours and definitions (ss 3, 26-27).
The 2016 commencement and repeal of the 2006 regulation mean that employers operating across the 2016 transition point would need to apply the pre- and post-2016 regimes accordingly; the Regulation as supplied does not include transitional provisions, so the parent Act or the repeal instrument would need to be consulted for transitional arrangements at the time.
In short, the document supplied shows a single major historical action (repeal of the 2006 regulation and commencement 1 September 2016) but does not contain a detailed amendment chronology. Users must consult the official legislative record for any changes after commencement.
Litigation history
The Regulation text supplied contains no references to judicial decisions, tribunal determinations, or administrative rulings interpreting its provisions. There are no cases named in the Regulation and no footnotes or marginal notes referring to litigation or precedent.
Consequently:
There is no litigated interpretation recorded in this instrument itself. Any legal interpretation questions raised by ambiguous standards in the Regulation (for example, what constitutes “reasonable steps”, or how a regulator should determine whether an employer “followed the advice” of a midwife or nurse for under‑12‑week infants) would need to be resolved by courts or tribunals in actual disputes; those decisions are not present in the Regulation.
Practitioners seeking case law on how particular provisions have been applied will need to search court and tribunal databases for decisions that cite this Regulation or the parent Act. The Regulation’s cross-references to the parent Act and other statutes mean that litigation concerning child employment in many cases will involve multiple instruments; none of that body of case law is included here.
Administrative enforcement outcomes and decisions (for example, prosecutions, infringement notices, or compliance notices) are not recorded in this Regulation text. Information about prosecutions or regulatory action would come from enforcement agency announcements or court records, which are beyond the instrument itself.
For any compliance advice or dispute preparation, counsel should treat the Regulation’s text as the starting point and undertake targeted case-law research and regulatory records searches to find interpretative decisions or enforcement patterns, since the Regulation does not itself supply litigation history.
Gotchas
The Regulation contains numerous provisions that can create practical traps for employers who do not read closely or who assume simple compliance. The following points are practical “gotchas” drawn directly from the text:
Cross‑employer counting of hours. Sections 10 and 25(1)(f) require employers to count hours a child works for any employer when calculating permitted hours and weekly totals. Employers who only track hours they roster will be exposed where another employer has already used some of the child’s allowable hours. This creates an information‑sharing problem: absence of coordinated records can result in inadvertent contraventions.
Rounding-up rules for supervisor ratios. Section 30(3) requires that when the number of children in a category is not a multiple of the ratio denominator, the number is taken to the next highest multiple. For example, three children under 3 years require two supervisors. Employers relying on approximate ratios or on aggregating across mixed age groups can miscalculate required supervisor numbers.
Undefined terms and reliance on schedules/dictionary. The Regulation repeatedly depends on definitions and tables in schedule 3 (s 3) and schedules 1-2 (s 26-27). The body text uses terms like “young child”, “school-aged child”, and “age group” without inline definitions. Employers who do not consult the schedules risk applying the wrong age thresholds or permitted hours.
“Reasonable steps” and “satisfied on advice”. Multiple clauses require employers to take “reasonable steps” (ss 12, 13, 14, 36-37) or be “satisfied on advice” from a parent or midwife (ss 21-22). These are fact‑sensitive standards that shift evidential burden onto employers. Absent contemporaneous documentation (signed advice, written notes of attempts to contact a parent, etc.) employers will have difficulty demonstrating compliance.
Transport and travel time counting in entertainment work. Section 28 requires counting certain travel time beyond a 45-minute threshold, and to count time when the employer brings/takes the child to/from the workplace. Employers that cover transport for minor performers must track these times precisely; failure to include them may mean breaches of maximum hours.
Parental access exceptions are narrow. Section 32(2) allows exclusion of a parent only for a limited time and for specific reasons (to prevent production disruption or protect health and safety). Employers who attempt broader exclusions without documenting the limited time and precise reasons risk breaching s 32(1). Additionally, s 32(3) excludes the operation of s 32(2) where the parent is present under other specified sections of the Act (8A(2)(c) or 8C(3)(c)), so employers must check the parent Act before applying exclusions.
Special rules for very young infants. Sections 21-22 impose different conditions for infants under 12 weeks. Work for up to 1 hour can proceed only with a parent present and on parental advice about health and feeding (s 21). Working more than 1 hour requires parental presence and a midwife/registered nurse who must advise the employer the environment is unlikely to distress the child and that the child is suitable to perform the work, and the employer must follow that advice (s 22). Employers who engage infants must plan to secure appropriate professionals and retain documentary proof of the advice.
Dual obligations where employer is parent. Several duties are disapplied when the employer is a parent (ss 12(1), 31(1), 39(1)). But other duties still apply. Employers who are also parents may therefore misread the extent of their exemptions.
Teacher engagement and facilities. Section 33 requires employers to engage a registered teacher and provide appropriate facilities when an approved arrangement under the Education (General Provisions) Act demands teacher-delivered programs during work hours. Employers who fail to engage the teacher or provide the facilities expose themselves to the s 33(2) max 40 penalty units.
Document retention and evidence. Records must be kept at the place of business for two years after the last day the child worked for the employer (s 16(2), s 46(2)). Employers who rely on off-site storage without accessible copies risk failing to produce records in enforcement actions.
Penalty unit amounts not converted to monetary sums in the Regulation. The Regulation uses “penalty units” but does not state their monetary value. Practitioners should note the maximums in penalty units but must consult the penalty unit monetary conversion as set elsewhere to quantify exposure.
Interaction with schooling obligations. Section 25(1)(f) counts school attendance and participation in approved external programs towards the weekly limit. Employers scheduling work during school time or flexible program hours must coordinate with schools and parents to avoid exceeding the combined seven-day cap.
Addressing these “gotchas” requires careful record systems, procedural templates (consent forms, signed professional advice), rostering coordination across employers, precise timekeeping (including travel times where applicable), and cross-checking definitions and schedules that the Regulation references.
How to comply
This section provides a practical compliance checklist and operational measures that follow directly from the Regulation’s provisions. Each recommended action is traceable to the cited section numbers.
Establish age verification processes (s 16(1)(e))
Collect and retain a copy of a reliable ID showing date of birth (passport, birth certificate, school ID) for any child not classed as school‑aged or young in the Regulation’s terms (s 16(1)(e)).
Record the child’s full name, date of birth, and address (s 16(1)(a)).
Pre‑hire eligibility and special‑circumstances handling (ss 4, 18)
Do not require or permit a child under 13 to work unless a permitted exception applies (volunteer, entertainment, delivery from age 11) or a special circumstances certificate has been obtained (s 4).
If a special circumstances certificate will be necessary, apply at least 21 days before the date it is needed (s 18).
Rostering and hour tracking (ss 7-10, 25-28)
Implement a rostering system that tracks hours worked across all of an individual child’s employers because s 10 and s 25(1)(f) require counting work for any employer and school attendance.
Ensure the system enforces nightly prohibitions (e.g., no work between 10 p.m. and 6 a.m. for school‑aged/young children; s 7) and daily/weekly caps (s 8 for young children; s 9 for school‑aged children; use schedules 1-2 for entertainment hours per ss 26-27).
For entertainment work, record time at location, travel times exceeding 45 minutes per journey (s 28), periods when employer transports the child (s 28(d)-(e)), and rest periods excluded from work time per s 28(a).
Supervision compliance (ss 11, 29-30)
For delivery work or work involving exchange of money, ensure an adult is near the child and in regular contact (s 11).
For entertainment and on‑set work, verify supervisors meet qualification thresholds (parent, certificate III or approved diploma under the Education and Care Services Regulation 2013 for ages 6-15; registered nurse or midwife may additionally supervise under-6s) (s 29).
Calculate and roster supervisors to meet numeric ratios and rounding rules in s 30; adopt a policy that rounds up partial groups as required.
Welfare, facilities and health protections (ss 12-15; 31, 34-45)
Draft a notification protocol for incidents: ensure reasonable steps are taken to notify a parent or nominated person if the child is injured or ill (s 12; s 31 for young children in entertainment).
Allow children to contact a parent while at work and adopt a policy for permitting contact where reasonable (s 14).
Provide induction training suited to the child’s age including health and safety training (s 15).
For entertainment work, provide safe drinking water and appropriate food/beverages with attention to nutrition and dietary needs (s 40); provide adequate shelter from weather and clothing suitable to protect against illness (s 41); ensure private changing facilities (s 42); rest facilities appropriate to age and development (s 43); and recreational materials (s 44).
If children must stay away from home, provide and pay for appropriate accommodation; provide and pay for parental accommodation if requested and the parent accompanies the child (s 45).
Parental access, consent and teacher engagement (ss 32-33, 37, 39)
Implement procedures to allow parents to be at the workplace while the child is working (s 32(1)), and document any brief exclusions that are justified under s 32(2).
Obtain and retain written parental consent where the employer intends to rely on the s 37 category permitting a 13+ child to travel home alone; ensure the trip conditions (distance <10 km or arrival times and employer steps to ensure the child starts home within 30 minutes) are satisfied and documented (s 37).
When an Education (General Provisions) Act arrangement requires a registered teacher to provide a program during working hours, contract a qualified/registered teacher and provide the area and facilities the teacher requires, documenting the teacher’s registration (s 33).
Record-keeping and display obligations (ss 16, 17, 46)
Maintain a child employment record that includes contact details for parent and nominated person, workplace address, days/times worked and rest periods for school-aged/young children, copies of special circumstances certificates, work limitation notices and parental consent forms, and any ID copy required (s 16(1)(a)-(f)).
Keep records at the employer’s place of business for two years after the child’s last working day (s 16(2), s 46(2)).
Conspicuously display the child employment guide where school-aged or young children work and ensure the child can easily access it to read (s 17). Provide parents with information on the guide and a copy on request (s 39).
Medical, allergy and dietary documentation (s 46)
For entertainment work, record any medical conditions, allergies, medical needs and dietary needs, and the name/address/phone of an authorised person (s 46(1)(a)-(d)) and retain for two years (s 46(2)).
Special-procedure for infants under 12 weeks (ss 20-22, 34)
For infants under 12 weeks who will work up to 1 hour, ensure a parent is present and collect parental assurance about full term birth, birth weight ≥3 kg, no post‑birth health problems, proper feeding and satisfactory weight gain (s 21).
For work exceeding 1 hour, ensure a parent and a midwife/registered nurse are present, obtain written or recorded professional advice that the environment is unlikely to distress the infant and that the infant is suitable to perform the work, and follow that advice (s 22).
Avoid exposing under‑12‑week infants to harmful lights, irritating/contaminated cosmetics or persons reasonably known to have contagious conditions transmissible by touch (s 34).
Document evidence of “reasonable steps” and professional advice
For all duties phrased as “reasonable steps” (ss 12, 13, 14, 36-37), maintain contemporaneous logs, attempts to contact parents or nominated persons, and written records of decisions made in case of disputes.
Retain written parental advice or signed forms relied upon for s 21 parental satisfaction or s 22 midwife/nurse advice.
Develop an internal compliance audit and training programme
Regularly audit records to ensure cross-employer hour aggregation is correct, supervisors meet qualification and ratio thresholds, facilities meet the Regulation’s description and that the child employment guide is displayed and available.
Train staff responsible for rostering, supervision, transport and record management about the Regulation’s specific counting rules and documentation standards.
Legal and regulatory liaison
Maintain contact with the relevant regulator or legal counsel to confirm the monetary value of penalty units and any regulatory guidance on interpretation of “reasonable steps”.
Where the enterprise operates in multiple jurisdictions or across parent Act provisions, check external definitions and schedules referenced by the Regulation (schedules 1-3, Education Acts, and the Industrial Relations Act) to ensure full compliance.
Following this checklist addresses the numeric, documentary and procedural obligations that the Regulation prescribes. The Regulation places the operational and financial burden of compliance on employers in order to meet the welfare, supervision and documentation standards set out in the text.
Division pt.2-div.1General restrictions on children working
A school-aged or young child may not work between 10.p.m. and 6.a.m.
A child who is 11 or 12 years may not do delivery work between 6.p.m. and 6.a.m.
(sec.7-ssec.1) A school-aged or young child may not work between 10.p.m. and 6.a.m.
(sec.7-ssec.2) A child who is 11 or 12 years may not do delivery work between 6.p.m. and 6.a.m.
sec.8 Working hours for young children
sec.8 Working hours for young children
A young child may not work if—
the child has already worked 12 hours during a week; or
the child has already worked 4 hours during a day; or
the child has already worked for the same employer for a period of time that ended within the previous 12 hours.
(sec.8-ssec) A young child may not work if— the child has already worked 12 hours during a week; or the child has already worked 4 hours during a day; or the child has already worked for the same employer for a period of time that ended within the previous 12 hours.
(a) the child has already worked 12 hours during a week; or
(b) the child has already worked 4 hours during a day; or
(c) the child has already worked for the same employer for a period of time that ended within the previous 12 hours.
sec.9 Working hours for school-aged children
sec.9 Working hours for school-aged children
A school-aged child may not work if—
it is a school week and the child has already worked 12 hours during the week; or
it is a week that is not a school week and the child has already worked 38 hours during the week; or
it is a school day and the child has already worked 4 hours on the day; or
it is a day that is not a school day and the child has already worked 8 hours on the day; or
the child has already worked for the same employer for a period of time that ended within the previous 12 hours.
Unless a relevant industrial instrument provides otherwise, a school-aged child may not continue to work on a particular day if—
the child has worked 4 consecutive hours on the day and not had at least 1 hour rest at the end of the fourth hour; or
the child has already worked for a period of time on the day.
In this section—
school day means a day on which the school-aged child is required to attend school.
school week means a week, starting on a Sunday, during which the school-aged child is required to attend school.
(sec.9-ssec.1) A school-aged child may not work if— it is a school week and the child has already worked 12 hours during the week; or it is a week that is not a school week and the child has already worked 38 hours during the week; or it is a school day and the child has already worked 4 hours on the day; or it is a day that is not a school day and the child has already worked 8 hours on the day; or the child has already worked for the same employer for a period of time that ended within the previous 12 hours.
(sec.9-ssec.2) Unless a relevant industrial instrument provides otherwise, a school-aged child may not continue to work on a particular day if— the child has worked 4 consecutive hours on the day and not had at least 1 hour rest at the end of the fourth hour; or the child has already worked for a period of time on the day.
(sec.9-ssec.3) In this section— school day means a day on which the school-aged child is required to attend school. school week means a week, starting on a Sunday, during which the school-aged child is required to attend school.
(a) it is a school week and the child has already worked 12 hours during the week; or
(b) it is a week that is not a school week and the child has already worked 38 hours during the week; or
(c) it is a school day and the child has already worked 4 hours on the day; or
(d) it is a day that is not a school day and the child has already worked 8 hours on the day; or
(e) the child has already worked for the same employer for a period of time that ended within the previous 12 hours.
(a) the child has worked 4 consecutive hours on the day and not had at least 1 hour rest at the end of the fourth hour; or
(b) the child has already worked for a period of time on the day.
sec.10 Calculating hours worked
sec.10 Calculating hours worked
For the purpose of calculating the hours worked by a school-aged or young child during a particular period, the hours worked by the child for any employer during the period must be counted.
(sec.10-ssec) For the purpose of calculating the hours worked by a school-aged or young child during a particular period, the hours worked by the child for any employer during the period must be counted.
pt.2-div.3 Supervision
Supervision
sec.11 Supervision
sec.11 Supervision
This section applies while a school-aged or young child does—
delivery work; or
work that involves the exchange of money.
For section 9 (6) of the Act , the prescribed way for the employer to supervise the child for the work is to ensure an adult is near the child and in regular contact with the child.
(sec.11-ssec.1) This section applies while a school-aged or young child does— delivery work; or work that involves the exchange of money.
(sec.11-ssec.2) For section 9 (6) of the Act , the prescribed way for the employer to supervise the child for the work is to ensure an adult is near the child and in regular contact with the child.
(a) delivery work; or
(b) work that involves the exchange of money.
pt.2-div.4 Working conditions related to children’s safety, health and wellbeing
Working conditions related to children’s safety, health and wellbeing
sec.12 Notice to parents
sec.12 Notice to parents
This section does not apply to—
an employer of a child if the employer is a parent of the child; or
an employer of a young child if the child works in the entertainment industry.
If a child is injured or becomes ill while at work and is no longer able to work, an employer of the child must ensure all reasonable steps are taken to notify a parent of the child about the injury or illness or, if it is not practicable to notify a parent, a nominated person for the child.
Maximum penalty—40 penalty units.
(sec.12-ssec.1) This section does not apply to— an employer of a child if the employer is a parent of the child; or an employer of a young child if the child works in the entertainment industry.
(sec.12-ssec.2) If a child is injured or becomes ill while at work and is no longer able to work, an employer of the child must ensure all reasonable steps are taken to notify a parent of the child about the injury or illness or, if it is not practicable to notify a parent, a nominated person for the child. Maximum penalty—40 penalty units.
(a) an employer of a child if the employer is a parent of the child; or
(b) an employer of a young child if the child works in the entertainment industry.
sec.13 Protection against particular harm
sec.13 Protection against particular harm
An employer of a child must take reasonable steps to ensure the child is not subject to deliberate or unnecessary social isolation or any behaviour likely to intimidate, threaten, frighten or humiliate the child.
Maximum penalty—40 penalty units.
(sec.13-ssec) An employer of a child must take reasonable steps to ensure the child is not subject to deliberate or unnecessary social isolation or any behaviour likely to intimidate, threaten, frighten or humiliate the child. Maximum penalty—40 penalty units.
sec.14 Communication with parents
sec.14 Communication with parents
An employer of a child must take reasonable steps to ensure that, while the child is at work, the child is able to contact a parent or, if it is not practicable to contact a parent, a nominated person for the child.
Maximum penalty—40 penalty units.
An employer of a child must, while the child is at work and if it is reasonable in the circumstances, allow the child to contact a parent or, if a parent can not be contacted, a nominated person for the child.
Maximum penalty—40 penalty units.
(sec.14-ssec.1) An employer of a child must take reasonable steps to ensure that, while the child is at work, the child is able to contact a parent or, if it is not practicable to contact a parent, a nominated person for the child. Maximum penalty—40 penalty units.
(sec.14-ssec.2) An employer of a child must, while the child is at work and if it is reasonable in the circumstances, allow the child to contact a parent or, if a parent can not be contacted, a nominated person for the child. Maximum penalty—40 penalty units.
sec.15 Induction training
sec.15 Induction training
An employer of a child must ensure the child is given induction training appropriate to the child’s age, including workplace health and safety training.
Maximum penalty—40 penalty units.
(sec.15-ssec) An employer of a child must ensure the child is given induction training appropriate to the child’s age, including workplace health and safety training. Maximum penalty—40 penalty units.
pt.2-div.5 Other working conditions
Other working conditions
sec.16 Records to be kept
sec.16 Records to be kept
An employer of a child must keep a record about the child’s employment with the employer that includes the following information—
the full name, date of birth and address of the child;
the name, address and phone number of—
the employer; and
a parent of the child; and
a nominated person for the child;
the address of the child’s workplace;
if the child is a school-aged or young child, particulars of the work done by the child, including—
the days and times when the child worked, including the time the child started work and the time the child finished work on a day; and
the rest periods for the child, including meal breaks;
if the child is not a school-aged or young child—a copy of an identification document issued under an Act or by the child’s school showing the child’s date of birth;
passport, birth certificate, school identification card
a copy of any of the following relevant to the child’s employment—
special circumstances certificate;
work limitation notice;
parent’s consent form.
Maximum penalty—40 penalty units.
The employer must keep the record at the employer’s place of business for 2 years after the last day the child worked for the employer.
Maximum penalty—40 penalty units.
This section applies in addition to the record-keeping requirements under the Industrial Relations Act 1999 .
(sec.16-ssec.1) An employer of a child must keep a record about the child’s employment with the employer that includes the following information— the full name, date of birth and address of the child; the name, address and phone number of— the employer; and a parent of the child; and a nominated person for the child; the address of the child’s workplace; if the child is a school-aged or young child, particulars of the work done by the child, including— the days and times when the child worked, including the time the child started work and the time the child finished work on a day; and the rest periods for the child, including meal breaks; if the child is not a school-aged or young child—a copy of an identification document issued under an Act or by the child’s school showing the child’s date of birth; passport, birth certificate, school identification card a copy of any of the following relevant to the child’s employment— special circumstances certificate; work limitation notice; parent’s consent form. Maximum penalty—40 penalty units.
(sec.16-ssec.2) The employer must keep the record at the employer’s place of business for 2 years after the last day the child worked for the employer. Maximum penalty—40 penalty units.
(sec.16-ssec.3) This section applies in addition to the record-keeping requirements under the Industrial Relations Act 1999 .
(a) the full name, date of birth and address of the child;
(b) the name, address and phone number of— (i) the employer; and (ii) a parent of the child; and (iii) a nominated person for the child;
(i) the employer; and
(ii) a parent of the child; and
(iii) a nominated person for the child;
(c) the address of the child’s workplace;
(d) if the child is a school-aged or young child, particulars of the work done by the child, including— (i) the days and times when the child worked, including the time the child started work and the time the child finished work on a day; and (ii) the rest periods for the child, including meal breaks;
(i) the days and times when the child worked, including the time the child started work and the time the child finished work on a day; and
(ii) the rest periods for the child, including meal breaks;
(e) if the child is not a school-aged or young child—a copy of an identification document issued under an Act or by the child’s school showing the child’s date of birth; Examples— passport, birth certificate, school identification card
(f) a copy of any of the following relevant to the child’s employment— (i) special circumstances certificate; (ii) work limitation notice; (iii) parent’s consent form.
(i) special circumstances certificate;
(ii) work limitation notice;
(iii) parent’s consent form.
(i) the employer; and
(ii) a parent of the child; and
(iii) a nominated person for the child;
(i) the days and times when the child worked, including the time the child started work and the time the child finished work on a day; and
(ii) the rest periods for the child, including meal breaks;
(i) special circumstances certificate;
(ii) work limitation notice;
(iii) parent’s consent form.
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This is an opening excerpt, not the complete document.