If you plan to employ a child under the age of 15 in entertainment, exhibition, still photography or door-to-door sales, or a child under the age of 16 for any type of modelling, you need to speak to us first. Our contact details are:

Child employment legislation - modelling and penalties

The child employment legislation was amended in April 2009 to make the existing child employment provisions applicable to children up to 16 years of age who are employed as models. These changes have been carried forward into the new 2010 Regulation. The penalty for employment of a child in contravention of the child employment provisions of the Children and Young Persons (Care and Protection) Act 1998 was also increased in April 2009 from 10 penalty points to 100 penalty points. Learn more about Child employment legislation - modelling and penalties.

Applying for an Authority or confirming entitlement to an exemption

Any person intending to employ a child in NSW in the prescribed industries must hold a current Authority to employ children, unless the legislation exempts them from this requirement.

Potentially exempt employers must contact the Children's Guardian to confirm entitlement to the exemption well before employing children.

Employers requiring an Authority must contact the Children's Guardian staff to discuss the correct fee and arrange the most appropriate method of payment before applying for an Authority.

Authorised and exempt employers must comply with the Code of Practice in the 2010 Regulation. This means they must notify the Children's Guardian of every instance of every child's employment at least 7 days in advance, unless notice has been negotiated. Click here for more information regarding Employers Legislative responsibilities.

Fees for an Authority vary depending on:

• the nature of the employer's proposed child employment activities
• the duration of the Authority, and
• whether the Children's Guardian is satisfied that the applicant meets the legislative eligibility requirements for a 10% discount.

For more information regarding Authorities, the application fees, the application process, and exemptions, please see Section 3.1 of the Children's Guardian's Children's Employment Requirements in NSW document and the Application for Authority to Employ Children in NSW.

What do we do?

The Children’s Guardian regulates the employment of children under 15 years of age in entertainment, exhibition, still photography and door-to-door sales, and under 16 years of age for any types of modelling. We work with employers to make sure children work in an environment where their individual emotional, social, physical and developmental needs are met.

The Children's Guardian 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 1998 (see www.legislation.nsw.gov.au), and the Children and Young Persons (Care and Protection) (Child Employment) Regulation 2010. Employers must comply with the legislation. It protects children employed in the prescribed industries from inappropriate or unreasonable demands.

Click here for more information on Employers’ Legislative Responsibilities, which includes information on April 2009 changes regarding modelling and the penalty for not complying with the child employment legislation.