Child Employment Regulation 2006

pt hdg ins 2006 SL No. 313 s 4

1Short title

This regulation may be cited as the Child Employment Regulation 2006 .

2Commencement

This regulation commences on 1 July 2006.

3Definitions

The dictionary in the schedule defines particular terms used in this regulation.

pt hdg ins 2006 SL No. 313 s 5

4Prohibited work for school-aged or young children

(1)This section does not apply to work done by a school-aged or young child in a business, or for a corporation, that is totally owned by a close adult relative of the child.

(2)For section 9 (1) of the Act, an employer must not require or permit a school-aged or young child to do work unless—

(a)the work is delivery work and the child is at least 11 years; or

(b)the work is voluntary work; or

(c)the work is work in the entertainment industry; or

(d)for any other work—the child is at least 13 years.

Note—

Special circumstances certificates may provide an exception to requirements under this section or section 5. See section 9 (5) of the Act.

5Prohibited working hours for school-aged or young children

(1)For section 9 (3) of the Act, this section provides for when a school-aged or young child may not work.

(2)However, it does not apply to work a school-aged or young child does—

(a)that is work in the entertainment industry; or

(b)in a business, or for a corporation, that is totally owned by a close adult relative of the school-aged or young child.

(3)A school-aged child may not work if—

(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 4 consecutive hours and has not been given at least 1 hour’s break at the end of the fourth hour; or

(f)the child has already worked for the same employer within the last 12 hours; or

(g)the child has already done a shift on the day.

(4)Subsection 3 (e) and (g) do not apply if a relevant industrial instrument provides to the contrary.

(5)A young child may not work if the child—

(a)has already worked for 12 hours during the week; or

(b)has already worked for 4 hours during the day; or

(c)has already worked for the same employer within the last 12 hours; or

(d)has already done a shift on the day.

(6) Subsection (5) (d) does not apply if a relevant industrial instrument provides to the contrary.

(7)A school-aged or young child may not work between 10p.m. and 6a.m.

(8)A school-aged child who is at least 11 years but under 13 years may not perform delivery work between 6p.m. and 6a.m.

(8A)For this section, for calculating the hours a child has already worked during a period if the child worked for more than 1 employer during the period, the hours the child worked for all employers, in total, must be counted.

(9)In this section—

industrial instrument means a federal award, federal agreement or industrial instrument, as defined under the Industrial Relations Act 1999 .

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.

s 5 amd 2006 SL No. 313 s 6

6Prescribed supervision of school-aged or young children

(1) Subsection (2) prescribes, for section 9 (6) of the Act, the way for an employer to supervise a school-aged or young child who does work involving the exchange of money or delivery work.

(2)The way is—

(a)to have an adult in the near vicinity of, and in regular contact with, the child; and

(b)for the child to be otherwise appropriately supervised by an adult.

7Employer’s duty about ability to contact a parent

(1)This section does not apply to a child’s employer who is the child’s parent.

(2)A child’s employer must—

(a)take reasonable steps to ensure that the child is able to contact—

(i)a parent of the child while the child is at work; or

(ii)if it is impractical for the child to contact a parent of the child while the child is at work—a nominated person; and

(b)allow the child, while the child is at work, to contact the following person in reasonable circumstances—

(i)a parent of the child;

(ii)if a parent of the child can not be contacted while the child is at work, a nominated person.

Maximum penalty—40 penalty units.

(3)If, while at work, a child becomes ill, or is injured, to an extent that the child can no longer work, the child’s employer must take reasonable steps to immediately contact—

(a)a parent of the child; or

(b)if it is impractical for the employer to contact a parent of the child, a nominated person.

Maximum penalty—40 penalty units.

(4) Subsection (3) does not apply to a prescribed child who is a young child.

Note—

For an employer’s obligation to notify a parent or nominated person if a prescribed child who is a young child becomes ill or is injured while at work, see section 24 (2).

s 7 amd 2006 SL No. 313 s 7

8Employer’s duty to safeguard children while they are at work

(1)While a child is at work, the child’s employer must take reasonable steps to ensure that the child is not subjected to deliberate or unnecessary social isolation or to any other behaviour that is likely to intimidate, threaten, frighten or humiliate the child.

Maximum penalty—40 penalty units.

(2)A child’s employer must give the child induction training, including workplace health and safety training, appropriate to the child’s age.

Maximum penalty—40 penalty units.

(3)A child’s employer must display a copy of the child employment guide in a conspicuous position at the place where the child works where it is easily read by children employed at the place.

Maximum penalty—20 penalty units.

(4)In this section—

child employment guide means a guide about children at work published by the chief executive.

Editor’s note—

A copy of the child employment guide is available on the department’s website at <www.justice.qld.gov.au>.

9Records for children who are working

(1)A child’s employer must keep a record containing the following details and documents for the child—

(a)the full name of the employer;

(b)the address where the child works;

(c)the full name, address and any home phone number of the child;

(d)the name, address and any home or business phone number of a parent of the child;

(e)the name, address and any home or business phone number of a nominated person;

(f)the child’s date of birth;

(g)the nature of the work that the child is required to perform for the employer;

(h)a copy of any special circumstances certificate relevant to the child’s employment with the employer;

(i)a copy of any work limitation notice relevant to the child’s employment with the employer;

(j)for a school-aged or young child—

(i)the number of hours worked by the child during each day and week; and

(ii)the times when the child started and stopped work; and

(iii)details of work breaks including meal breaks; and

(iv)the parent’s consent form for the child;

(k)for a child who is not a school-aged or young child—a copy of a form of identification, stating the child’s date of birth, issued under an Act or by the child’s school.

Example—

a passport, birth certificate, school ID card

Maximum penalty—40 penalty units.

(2)The employer must keep the record for at least 2 years after the child stops working for the employer, at a place from which the employer conducts operations as an employer.

Maximum penalty—40 penalty units.

(3) Subsection (1) applies in addition to the record keeping requirements under the Industrial Relations Act 1999 .

s 9 amd 2006 SL No. 313 s 8

10Special circumstances certificates

An application for a special circumstances certificate under section 12 of the Act must be made sufficiently in advance of when the certificate is needed to allow the chief executive to properly consider the application.

s 10 prev s 10 om R1 (see RA s 40)

pres s 10 ins 2006 SL No. 313 s 9

pt hdg ins 2006 SL No. 313 s 9

div 1 (s 11) ins 2006 SL No. 313 s 9

11Application of pt 3

This part applies to an employer of a school-aged or young child who does work in the entertainment industry in addition to the provisions of part 2 that apply to an employer of a child who does work in the entertainment industry.

div 1 (s 11) ins 2006 SL No. 313 s 9

div hdg ins 2006 SL No. 313 s 9

13Restrictions on work performed by children under 12 weeks

(1)For section 9 (2) of the Act, this section states, for work in the entertainment industry, the way a baby may not work.

(2)The baby may not work for 1 hour or less on a single day unless—

(a)a parent of the baby is present while the baby is at work; and

(b)the employer is satisfied on advice from a parent that—

(i)the baby was delivered full term and in good health; and

(ii)the baby’s birth weight was at least 3 kilograms; and

(iii)the baby has not had a post-natal problem; and

(iv)the baby is feeding successfully; and

(v)the baby’s weight gain from birth has been satisfactory.

(3)The baby may not work for more than 1 hour on a single day unless—

(a)a parent of the baby is present while the baby is at work; and

(b)a midwife or registered nurse is present while the baby is at work; and

(c)the midwife or registered nurse advises the employer that the baby is suitable for employment; and

(d)the midwife or registered nurse advises the employer that the work environment is unlikely to distress the baby; and

(e)the employer follows the advice of the midwife or registered nurse about the welfare of the baby.

(4)The baby may not—

(a)be exposed to harmful lighting; or

(b)have cosmetics applied to him or her unless the cosmetics are non-irritating and uncontaminated; or

(c)be touched by a person whom the employer knows, or reasonably ought to know, has a contagious medical condition that may be transmitted by touch; or

(d)be so close to a person whom the employer knows, or reasonably ought to know, has a contagious medical condition that the condition may be transmitted to the child.

(5)In this section—

baby means a child under 12 weeks.

s 13 ins 2006 SL No. 313 s 9

14Prohibited working hours for school-aged or young children

(1)For section 9 (3) of the Act, this section states, for work in the entertainment industry, when a school-aged or young child may not work.

(2)However, this section does not apply to work a school-aged or young child does in a business, or for a corporation, that is totally owned by a close adult relative of the school-aged or young child.

(3)The child may not work in the following circumstances—

(a)if the work is in recorded entertainment—

(i)if the hours of work are outside the hours during which a school-aged or young child may work set out in schedule 1, column 2 opposite the age, set out in schedule 1, column 1, that corresponds to the child’s age; or

(ii)if the child has already worked the maximum working hours a day set out in schedule 1, column 3 opposite the age, set out in schedule 1, column 1, that corresponds to the child’s age; or

(iii)if in the previous 7 days the child has already worked the maximum number of days of work in the previous 7 days set out in schedule 1, column 4 opposite the age, set out in schedule 1, column 1, that corresponds to the child’s age;

(b)if the work is in live entertainment—

(i)if the hours of work are outside the hours during which a school-aged or young child may work set out in schedule 2, column 2 opposite the age, set out in schedule 2, column 1, that corresponds to the child’s age; or

(ii)if the child has already worked the maximum working hours a day set out in schedule 2, column 3 opposite the age, set out in schedule 2, column 1, that corresponds to the child’s age; or

(iii)if in the previous 7 days the child has already worked the maximum number of days of work in the previous 7 days set out in schedule 2, column 4 opposite the age, set out in schedule 2, column 1, that corresponds to the child’s age;

(c)if the child started work before 10a.m. on a day—the child has not been given at least 1 hour’s break starting at or before 1p.m. on the day including the break mentioned in paragraph (d);

(d)the child has already worked 5 consecutive hours and has not been given at least 1 hour’s break at the end of the fifth hour;

(e)if the child is under 13 years—the child has not been given at least 10 minutes break at the end of each 50 minutes worked, unless the child is starting a break under paragraph (c) or (d);

(f)the child has already worked for the same employer within the last 12 hours;

(g)the child has already worked one shift on the day, unless the shift was interrupted once to enable the child to attend school;

(h)if it is a school day on which the child is required to attend school for at least 3 hours—the child has already worked 4 hours on the day;

(i)if the work is in recorded entertainment and the child must attend school on the morning of the day following the work—after 9p.m.;

(j)if, in the previous 7 days, the total of the following is more than 40 hours—

(i)the hours, if any, the child has already worked for any employer; and

(ii)the hours, if any, 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 flexible arrangements approved under section 182 or 183 of that Act.

s 14 ins 2006 SL No. 313 s 9

15Calculating hours already worked

(1)This section applies for section 14 (3) (a) (ii), (b)(ii), (d), (f), (h) and (j)(i).

(2)For calculating the hours a school-aged or young child has already worked, each of the following must be counted—

(a)all of the time the child is at work excluding a 1 hour break under section 14 (3) (c) or (d); and

(b)any time beyond 45 minutes spent by the child in travelling from the child’s home to the place of work; and

(c)any time beyond 45 minutes spent by the child in travelling from the day’s final place of work to the child’s home; and

(d)if the employer is responsible for bringing the child to work—any time between the child’s arrival at the place of work and the child starting work; and

(e)if the employer is responsible for taking the child home from work—any time between the child’s finishing work and the start of the child’s journey home from work.

s 15 ins 2006 SL No. 313 s 9

16Prescribed supervision of school-aged or young children

(1)For section 9 (6) of the Act, this section prescribes the way for an employer to supervise a school-aged or young child who does work in the entertainment industry.

(2)The way is to have the child directly supervised—

(a)by a parent of the child; or

(b)if the child is under 6 years—

(i)by a person with an approved certificate III level education and care qualification or approved diploma level education and care qualification under the Education and Care Services Regulation 2013 ; or

(ii)by a registered nurse; or

(iii)by a midwife; or

(c)if the child is at least 6 years—by a person with an approved certificate III level education and care qualification or approved diploma level education and care qualification under the Education and Care Services Regulation 2013 .

Example of something that may prevent the child being directly supervised—

other duties given by the employer to the supervisor

(3)However, the child must be directly supervised by at least the following number of supervisors who are permitted to supervise the child under subsection (2)—

(a)for children under 3 years—1 supervisor for each 2 children;

(b)for young children who are at least 3 years—1 supervisor for each 4 children;

(c)for school-aged children—1 supervisor for each 8 children.

(4)However, for calculating the number of supervisors, if the number of children—

(a)under subsection (3) (a) is not a multiple of 2, the number of children is rounded up to the next higher multiple of 2 children; and

Examples—

•for 1 child under 3 years there must be at least 1 of the supervisors

•for 3 children under 3 years there must be at least 2 of the supervisors

(b)under subsection (3) (b) is not a multiple of 4, the number of children is rounded up to the next higher multiple of 4 children; and

(c)under subsection (3) (c) is not a multiple of 8, the number of children is rounded up to the next higher multiple of 8 children.

s 16 ins 2006 SL No. 313 s 9

amd 2013 SL No. 265 s 81 sch 5 pt 2

div hdg ins 2006 SL No. 313 s 9

17Employer to whom this division applies

This division applies to an employer of a school-aged or young child who does work in the entertainment industry (a prescribed child).

s 17 ins 2006 SL No. 313 s 9

18Information for parents about child employment guide

(1)An employer of a prescribed child must tell a parent of the child about the existence of the child employment guide mentioned in section 8.

Maximum penalty—20 penalty units.

(2)An employer of a prescribed child must give a parent of the child a copy of the child employment guide if the parent asks for a copy.

Maximum penalty—20 penalty units.

(3)This section does not apply to the employer of a prescribed child who is the child’s parent.

s 18 ins 2006 SL No. 313 s 9

19Employer’s duty about collection of prescribed child and travel home

(1)An employer of a prescribed child must take reasonable steps to ensure the child is collected from work by—

(a)a parent of the child; or

(b)a person authorised in writing by a parent of the child to collect the child.

Maximum penalty—40 penalty units.

(2)However, if the child is at least 13 years—

(a) subsection (1) does not apply if—

(i)the distance between work and the child’s home is less than 10kms and, in the ordinary course, the child will finish travelling home before 6p.m.; or

(ii)the child’s parent has given the employer written consent to the child’s travel home alone, and, in the ordinary course, the child will finish travelling home before 8.30p.m.; and

(b)if subsection (1) does not apply, the employer must take reasonable steps to ensure the child starts to travel home within 30 minutes after the child finishes work, unless the child is with a parent of the child.

Maximum penalty for paragraph (b)—40 penalty units.

s 19 ins 2006 SL No. 313 s 9

20Employer’s duty to provide food and drink

(1)An employer of a prescribed child must provide to the child, at all reasonable times while the child is at work, appropriate and nutritious food, having regard to the age, culture, dietary restrictions (if any), and taste of the child.

Maximum penalty—40 penalty units.

(2)An employer of a prescribed child must make available to the child, while the child is at work, water and other suitable drinks.

Maximum penalty—40 penalty units.

s 20 ins 2006 SL No. 313 s 9

21Employer’s duty to protect from climatic conditions

An employer of a prescribed child must ensure, while the child is at work, that the child is suitably clothed and otherwise protected from injury or illness that may be caused by climatic conditions.

Example of injury or illness that may be caused by climatic conditions—

sunburn

Maximum penalty—40 penalty units.

s 21 ins 2006 SL No. 313 s 9

22Employer’s duty about facilities for dressing and undressing

(1)This section applies if an employer of a prescribed child does not provide a building at the workplace for the prescribed child to occupy while performing work in the entertainment industry.

Note—

See also the Work Health and Safety Regulation 2011 , part 3.2, division 2, for an employer’s duties relating to workplace facilities.

(2)The employer must ensure that facilities that enable the child to dress and undress in private are available to the child while the child is at work.

Maximum penalty—40 penalty units.

(3)In this section—

building—

1

A building is a fixed structure that is wholly or partly enclosed by walls and is roofed.

2The term includes a floating building and any part of a building.

s 22 ins 2006 SL No. 313 s 9

amd 2008 SL No. 283 s 377 sch 17; 2011 SL No. 240 s 790

23Employer’s duty to provide recreation materials and rest facilities

An employer of a prescribed child must provide to the child appropriate recreational materials and rest facilities during breaks in the child’s work, having regard to the age and developmental needs of the child.

Maximum penalty—40 penalty units.

s 23 ins 2006 SL No. 313 s 9

24Employer’s duty about unfitness for work and contagious medical conditions

(1)An employer of a prescribed child must not require or permit the child to work if the employer knows, or reasonably ought to know, that the child is—

(a)unfit for work because of illness or injury; or

(b)carrying, or has been exposed to, a contagious medical condition that may be a risk to the health of another person at the workplace.

Maximum penalty—40 penalty units.

(2)An employer of a prescribed child who is a young child must take reasonable steps to immediately notify a parent of the child or, if a parent cannot be contacted, a nominated person, if—

(a)the child, while at work, becomes ill or is injured; or

(b)the employer knows, or reasonably ought to know, that the child has been exposed to a contagious medical condition while at work.

Maximum penalty—40 penalty units.

(3) Subsection (2) does not apply to the employer of a prescribed child who is the child’s parent.

s 24 ins 2006 SL No. 313 s 9

25Employer’s duty about presence of parent

(1)An employer of a prescribed child must permit a parent of the child to be at the workplace while the child is at the workplace.

Maximum penalty—40 penalty units.

(2)However, the employer may exclude a parent of the child from the workplace or from direct contact with the child if—

(a)the exclusion is for a limited time and from a limited area; and

(b)the purpose of the exclusion is—

(i)to ensure the employer’s production is not unduly disrupted; or

(ii)to protect the health or safety of a person in the workplace, including, for example, the parent.

(3) Subsection (2) does not apply while the parent is present under section 8A (2) (c) or 8C (3) (c) of the Act.

(4)An employer of a prescribed child whose work requires the child to spend 1 or more nights away from the child’s home must arrange and pay for appropriate accommodation for the child during the absence and, if asked for by the parent, for 1 parent of the child during the absence.

Maximum penalty—40 penalty units.

s 25 ins 2006 SL No. 313 s 9

amd 2007 SL No. 117 s 6; 2013 Act No. 35 s 32

26Employer’s duty to engage teacher

(1)This section applies if—

(a)arrangements for a child are approved under the Education (General Provisions) Act 2006 , section 182 or 183; and

(b)under the arrangements, a program for the child must be provided by a registered teacher.

(2)An employer of a prescribed child must—

(a)engage a qualified teacher to provide the program during the hours of the program, if any, that fall within the hours the child works for the employer; and

(b)provide a place and facilities that the registered teacher reasonably considers are needed for providing the program.

Maximum penalty—40 penalty units.

(3)In this section—

qualified teacher means a registered teacher who is able to provide the program.

s 26 ins 2006 SL No. 313 s 9

27Records for prescribed children

(1)An employer of a prescribed child must keep a record containing the following details—

(a)details of any medical condition of the child, including allergies;

(b)details of any medicinal needs of the child;

(c)details of any dietary restrictions of the child;

(d)the name, address, and any home or business phone number of a person authorised in writing by a parent of the child to collect the child from work;

(e)the address of the child’s current workplace, or if there is no address, information enabling the workplace to be readily located.

Maximum penalty—40 penalty units.

(2)The employer must keep the record for at least 2 years after the child stops working for the employer, at a place from which the employer conducts operations as an employer.

s 27 ins 2006 SL No. 313 s 9

section 14 (3) (a)

Note—

Children who have completed year 10 are not school-aged children whatever their age, and their working hours are not limited by this schedule.

ins 2006 SL No. 313 s 11

section 14 (3) (b)

Note—

Children who have completed year 10 are not school-aged children whatever their age, and their working hours are not limited by this schedule.

ins 2006 SL No. 313 s 11

section 3

close adult relative, of a child, means an adult who is a parent, grandparent, aunt, uncle, sibling or step sibling of the child.

delivery work means delivering newspapers, advertising material or other similar things.

home, in relation to a child, means the place where the child is living.

def home ins 2006 SL No. 313 s 10(2)

live entertainment includes the following—

(a)theatre;

(b)musical theatre;

(c)opera;

(d)circus entertainment;

(e)a fashion parade;

(f)a performance in a shopping centre;

(g)a promotional event.

def live entertainment ins 2006 SL No. 313 s 10(2)

midwife means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a midwife, other than as a student.

def midwife ins 2006 SL No. 313 s 10(2)

sub 2010 SL No. 108 s 6

nominated person means a person whom a parent of the child has nominated as being responsible for the child if a parent of the child can not be contacted by the employer.

prescribed child see section 17.

def prescribed child ins 2006 SL No. 313 s 10(2)

recorded entertainment includes the following—

(a)film or a similar production;

(b)television;

(c)advertising;

(d)radio;

(e)photographic modelling;

(f)a performance recorded only for use in subsequent entertainment or a subsequent exhibition;

(g)any other entertainment that is not live entertainment.

def recorded entertainment ins 2006 SL No. 313 s 10(2)

registered nurse means a person registered under the Health Practitioner Regulation National Law—

(a)to practise in the nursing and midwifery profession as a nurse, other than as a student; and

(b)in the registered nurses division of that profession.

def registered nurse ins 2006 SL No. 313 s 10(2)

sub 2010 SL No. 108 s 6

registered teacher see the Education (Queensland College of Teachers) Act 2005 , schedule 3.

def registered teacher ins 2006 SL No. 313 s 10(2)

work in the entertainment industry—

(a)

means work that is performing, including work that is as follows, for advertising or entertainment (work as a performer)—

(i)acting, dancing, miming, playing, singing, speaking or modelling;

(ii)standing-in for someone else;

(iii)rehearsing, preparing or taking part in publicity for a performance; but

(b)does not include work by a worker whose duties are not predominantly work as a performer but who is sometimes required to do work as a performer, for example, work as an announcer or in advertising.

(prev sch) renum 2006 SL No. 313 s 10(1)