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Children's Employment
If you plan to employ a child under the age of 15 in entertainment, exhibition, still photography or door-to-door sales, you need to speak to us first. Our contact details are:
| Address : | Children’s Employment NSW Office for Children - Children’s Guardian (OCCG) Level 13, 418A Elizabeth Street SURRY HILLS NSW 2010 |
| mail : | kids@kidsguardian.nsw.gov.au |
| Phone : | (02) 8219 3600 |
| Fax : | (02) 8219 3699 |
What do we do?
The Office for Children - Children’s Guardian (OCCG) regulates the employment of children under 15 years of age in entertainment, exhibition, still photography and door-to-door sales in NSW. We work with employers to make sure children work in an environment where their inpidual emotional, social, physical and developmental needs are met.
The OCCG has a licensing role and it is our job to:
assess employer applications for Authorities
monitor employer compliance with the legislation
consult with employers if specific safety and welfare issues are identified
investigate complaints and alleged breaches of the statutory provisions
help educate people in the industry about children’s employment, and
promote the welfare of children employed in entertainment, exhibition, still photography and door to door sales.
We fulfil these functions under the authority of Chapter 13 and Schedule 2 of the Children and Young Persons (Care and Protection) Act 1988 (see www.legislation.nsw.gov.au), and the Children and Young Persons (Care and Protection – Child Employment) Regulation 2005. Employers must comply with the legislation. It protects children employed in the prescribed industries from inappropriate or unreasonable demands.
Children’s Employment Regulation 2005
The Children and Young Persons (Care and Protection – Child Employment) Regulation 2005 commenced on 1 April 2005. Employers in the prescribed industries must be authorised to employ children and comply with the Code of Practice (Schedule 1 of the Regulation). The Code of Practice sets out all the things an employer of a child must do. You can download the Regulation and Code below.
Employers must apply for an Authority to Employ Children and submit pre-employment information to the OCCG at least 7 days before employing children, unless otherwise negotiated. You can download the Application for Authority to Employ Children in NSW and the Pre-Employment Notification (PEN) forms below.
See Child Employment Requirements in NSW or contact Children’s Employment at the OCCG on 8219 3600 for more information.
Information for parents and employers
The OCCG has developed Child Employment Requirements in NSW to help employers and parents understand the Code of Practice and the legislation.
Employers must give the Code of Practice to a parent of any employed child. However, the OCCG recommends that employers give parents the OCCG Child Employment Requirements in NSW because it contains the Code of Practice and other useful information. You can download it below.
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Further information:
If you need further information please contact us:
| Address: | Children’s Employment NSW Office for Children - Children’s Guardian (OCCG) Level 13, 418A Elizabeth Street SURRY HILLS NSW 2010 |
| mail : | kids@kidsguardian.nsw.gov.au |
| Phone : | 02 8219 3600 |
| Fax : | 02 8219 3699 |
More information about children’s employment
The following government agencies have websites which provide useful information about children’s employment, including other forms of work performed by children but not covered by the OCCG.
Office for Children – Commission for Children and Young People – Working with Children Check
The Working with Children Check is about looking at a person’s suitability to work with children and creating a workplace where children are safe and protected. Checks are conducted by the Office for Children – Commission for Children and Young People.
www.kids.nsw.gov.au/check/intro.html
WorkCover New South Wales
Young workers can access the WorkCover NSW site to learn their legal rights and how to protect themselves from workplace hazards.
www.workcover.nsw.gov.au/Workers/YoungWorker/default.htm
Legislation to protect young workers in NSW
The NSW Government has introduced a new law which means all workers under the age of 18 in NSW must be provided with fair conditions of work and employment protections. From 22 May 2007 employers that operate under the federal Work Choices industrial realtions system must comply with the No Net Detriment Principles made under the new law. The principles protect the pay and entitlements of workers under the age of 18 in NSW. The law is called the Industrial Relations (Child Employment) Act 2006.
Information for employers on this new law is available on the OIR website at the following address:
http://www.industrialrelations.nsw.gov.au/resources/factsheet_nonetdetrimant_employers.pdf
Young workers website
In February 2007 a new website called 'Young People at Work' was launched by the Office of Industrial Relations to provide young workers in NSW with information about their rights and responsibilities at work.
The website is pided into 3 topic area; 'Looking for work', 'Got the job' and 'Leaving the job', and provides practical information for young people who are entering the workforce. It includes information on the minimum age for starting work.
The website also explains the industrial relations systems operating in NSW and offers information about the protections available to workers under 18 years of age under the NSW child employment laws.
'Young People at Work' also features resources for teachers and career advisors, practical tips and links to many other useful sites.
The address for Young People at work is:
http://www.youngpeopleatwork.nsw.gov.au/
Law Access
A resource for children and parents on legal issues with links to information on employment related matters such as workers’ compensation and awards.
Arts Law Centre
The Arts Law Centre of Australia (Arts Law) is the national community legal centre for the arts. Arts Law is a not-for-profit company that provides creators with specialised free or low cost legal advice, referral services, professional development resources that include publications and training. Clients of Arts Law practise across the spectrum of art forms including literature, visual arts, craft, photography, film, music, multimedia, broadcasting and performing arts.
Children's Employment in Other States
Australian Capital Territory
Department of Disability, Housing and Community Services
Office for Children, Youth and Family Support
ph: 02 6205 1938
fax: 02 6205 7187
Email: ocyfs@act.gov.au
Northern Territory
Department of Health and Community Services
Family and Children’s Services Program
ph: 08 8999 2887
fax: 08 8999 2546
Queensland
Department of Industrial Relations
ph: 07 3225 2000 (ask for the Wageline)
www.dir.qld.gov.au/corporate/feedback.epl
South Australia
Department of Administrative & Information Services
WorkSafe SA
ph: 08 8303 0400
www.safework.sa.gov.au
Tasmania
Workplace Standards Tasmania
ph: 03 6233 7657
www.wst.tas.gov.au
Office of Post-Compulsory Education and Training (OPCET)
ph: 1800 655 046 or 03 6233 4600
www.education.tas.gov.au/dept/about/contact/opcet
Victoria
Department of Innovation, Industry and Regional Development
Industrial Relations Victoria
ph: 1800 287 287 (out of business hours emergency line: 03 9651 9831)
fax: 03 9651 9703
www.irv.vic.gov.au
Western Australia
Department for Community Development
ph: 08 9222 2555
fax: 08 9222 2776
www.community.wa.gov.au