Important COVID-19 information for employers of children
The Office of the Children's Guardian has considered the implications of COVID-19 when employing children in the entertainment, exhibition and modelling industries.
Babies under 12 weeks
Employers seeking approval to employ children under 12 weeks of age are required to demonstrate that they have exceptional circumstances that specifically require the employment of an infant.
If you feel that you have exceptional circumstances, you will need to
In your variation request you must demonstrate;
- the presence of a baby under 12 weeks is essential to the plot / story / image
- there is no possibility of using a substitute such as a baby over 12 weeks
- you have comprehensive policies and procedures that show how you will manage COVID transmission risks in the general workplace.
- you have a specific COVID management plan for mum and baby for the entire time they will be on set.
Children under 3 years
Please follow the requirements of the children's employment legislation when employing children between 12 weeks and three years:
- make sure a registered nurse or midwife is present at all times
- follow the advice of the nurse regarding the working environment and care of the child
Compliance monitoring employment of children during COVID-19
Employers are expected to provide a safe workplace for children and follow the requirements of the children's employment legislation. Audits of children's employment notifications will be undertaken remotely.
A children's employment officer may contact you to request records relating to a child's recent employment, including:
- children's start, finish and break times
- names of supervisors and parent nominee forms
- children's roles and actions
- risk assessments
Records can be requested under clause 3 (4) of the Children and Young Persons (Care and Protection) (Child Employment) Regulation 2015
The children's employment team is not able to answer phone enquiries during COVID-19 restrictions. Please email us at firstname.lastname@example.org or leave a message at (02) 8219 3797. We will get back to you as soon as possible.
We help protect the safety, health and wellbeing of children while they are employed in the entertainment industry. We administer the Children and Young Persons (Care and Protection) (Child Employment) Regulation 2015 and the Code of Practice.
The Regulation applies when you employ children:
- under 15 years of age in the entertainment and exhibition, still photography and door-to-door sales industries
- under 16 years of age for any type of modelling
- who are being paid either in money or material benefit
It also applies to children who are not being paid when there is a mix of paid and unpaid children engaged.
What do employers need to do?
Apply for an authority to employ children
You are required to hold an authority if you direct a child to perform tasks for payment or material benefit or you are an industry student who directs children in paid or unpaid activities. Apply for an authority