What employer’s must do

Employers must comply with:

• 
  the Children and Young Persons (Care and Protection) Act 1998 (the Act) – Chapters 13 and Schedule 2 (see www.legislation.nsw.gov.au), and

• the Children and Young Persons (Care and Protection) (Child Employment) Regulation 2010 (the Regulation).

The legislation applies to employers of children up to the age of 15 years for entertainment and exhibition, door to door sales and still photography work. The entertainment and exhibition (E&E) category includes film and television, theatre and modelling.

For modelling only, the legislation also applies to children between the ages of 15 and 16 years.  See below for more information.

The legislation requires that employers:

• obtain an employer’s authority from the Children’s Guardian before employing children, unless the legislation exempts the employer from this requirement, and

• comply with the mandatory Code of Practice.

The Children’s Guardian monitors employer compliance with this legislation. 
The Children’s Guardian has produced “Child Employment Requirements in NSW” to assist employers understand their legislative responsibilities.

Code of Practice

Exempt and authorised employers must comply with the Code of Practice, which is Schedule 1 of the Regulation.  It sets out all the things that employers must do when employing children.

Under the Code of Practice exempt and authorised employers must notify the Children’s Guardian at least 7 days in advance of every instance of a child’s employment, unless otherwise negotiated.  The notification must include details regarding the child, the type of employment, its location, dates, duration, and any associated risks.

Contact us as early as possible in your planning.  The Children’s Guardian staff can provide advice on the legislative requirements which might affect your casting, scheduling, and budget.
See “Child Employment Requirements in NSW” for more information.

Modelling

In April 2009 the Act and the Regulation were amended to make the existing child employment provisions applicable to children between the ages of 15 and 16 who are employed for modelling.  This includes modelling before a live audience as well as for photographs and for film, TV, video or the internet.

These amendments gave models between the ages of 15 and 16 years the benefits of the safeguards that the legislation already provided for models below the age of 15. They have been carried forward into the 2010 Regulation.

See “Child Employment Requirements in NSW” for more information.

Penalties

It is an offence to employ a child in contravention of the child employment provisions of the Act (Section 223).  In April 2009 the penalty was increased to a maximum 100 penalty units, which currently means $11,000.  This includes failing to obtain an employer’s authority from the Children’s Guardian or to notify the Children’s Guardian about a proposed instance of child employment.  It would also be an offence for an employer to proceed with an employment proposal in defiance of a notification from the Children’s Guardian that it would contravene the Code of Practice.

Under Section 222 of the Act, a person who causes or allows a child to take part in any employment in the course of which the child’s physical or emotional well-being is put at risk is guilty of an offence.  The maximum penalty is 200 penalty units, which currently means $22,000.

You can view the Act at www.legislation.nsw.gov.au .

Also, it is an offence to give false or misleading information.

More information

Click here to download the Regulation / Code of Practice, forms, and other useful information about the children’s employment requirements in NSW.

Click here if you would like to contact our Children's Employment staff.