Child Employment Amendment Act 2022 (Vic)

Child Employment Amendment Act 2022

No. 27 of 2022

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Principal Act

Part 2—Amendments in relation to employment, authorised officers and other matters

Division 1—General amendments

4Purposes

5Definitions

6Section 4 substituted

7New sections 4A and 4B inserted

8What is light work?

9Heading to section 6 substituted

10Employment without a permit

11Minimum age for employment

12Employment of children during school hours

13Prohibited employment

14New section 12A inserted

15Permit conditions

16Record keeping by employers

17Supervision of children in employment

18New section 19AA inserted

19Application of Worker Screening Act 2020

20Exemptions from WWC check

21Condition 2—hours of work

22Contravention of conditions

23Section 26 substituted

24Effect of the mandatory code

25Heading to Division 1 of Part 4 substituted

26Section 37 repealed

27Section 38 substituted

28Identity cards

29Section 40 amended

30When may powers be exercised?

31Power of entry

32Powers on entry

33Power to give directions

34Power to require information or documents

35Retention of documents

36New section 45A inserted

37Confidentiality

38New Division 1A of Part 4 inserted

39Section 47 amended

40Protection against self-incrimination

41Section 49 amended

42New Division 3 of Part 4 inserted

43Delegation

44Regulations

45Amendment of Education and Training Reform Act 2006

Division 2—Amendments in relation to non-profit organisations

46What is employment?

Part 3—Amendments in relation to licensing and criminal liability of employer representatives and nominated officers

47Purposes

48Definitions

49Supervisors in relation in entertainment

50When may a child be employed?

51Section 9 amended

52Division 2 of Part 2 heading amended

53Section 13 substituted

54Section 13A repealed

55Section 14 amended

56New section 15 inserted

57Section 16 substituted

58Section 16A repealed

59Section 17 substituted

60Section 18 substituted

61Section 18A substituted and new sections 18AB to 18AK inserted

62Record keeping by employers

63Application of Worker Screening Act 2020

64Contravention of conditions

65When may a child be employed in a family business?

66When may a child be employed in entertainment?

67Provisions that do not apply to employment in entertainment

68Part 3 substituted

69When may powers be exercised?

70Power of entry

71Powers on entry

72Power to require information or documents

73Effect of compliance notice

74Additional compliance functions of the Wage Inspectorate Victoria

75Regulations

76Consequential amendment of Education and Training Reform Act 2006

77Consequential amendment of Child Wellbeing and Safety Act 2005

Part 4—Transitional and savings provisions

78New division headings inserted in Part 6

79New Division 3 of Part 6 inserted

Part 5—Repeal of this Act

80Repeal of this Act

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Endnotes

1      General information

Child Employment Amendment Act 2022

No. 27 of 2022

[Assented to 28 June 2022]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to amend the Child Employment Act 2003—

(i)in relation to the meaning of employment; and

(ii)to replace child employment officers with authorised officers and to provide for the appointment and powers of authorised officers; and

(iii)to enable the Wage Inspectorate Victoria to issue compliance notices for contraventions; and

(iv)to increase the penalties for certain offences; and

(v)to provide for a new system of licences to allow the employment of children under the age of 15 years; and

(vi)to provide for the criminal liability of nominated officers and employer representatives in certain circumstances; and

(vii)to make other amendments; and

(b)to amend the Education and Training Reform Act 2006—

(i)in relation to work experience arrangements; and

(ii)to make consequential amendments; and

(c)to make consequential amendments to other Acts.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision referred to in subsection (1) does not come operation before 1 July 2023, it comes into operation on that day.

3Principal Act

In this Act, the Child Employment Act 2003 is called the Principal Act.

Part 2—Amendments in relation to employment, authorised officers and other matters

Division 1—General amendments

4Purposes

(1)For section 1(b) of the Principal Act substitute—

"(b)protect those children from performing work that—

(i)could be harmful to their health, safety, wellbeing or development; or

(ii)could prejudice their attendance at school or their capacity to benefit from instruction;".

(2)For section 1(k) of the Principal Act substitute—

"(k)provide for the appointment of authorised officers and for their powers and functions.".

5Definitions

(1)In section 3 of the Principal Act insert the following definitions—

"authorised officer means a person appointed under section 38;

child employment law means any of the following—

(a)a provision of this Act or the regulations;

(b)the Child Safe Standards;

Child Safe Standards has the same meaning as it has in section 3(1) of the Child Wellbeing and Safety Act 2005;

compliance notice means a compliance notice issued under section 46A;".

(2)In section 3 of the Principal Act insert the following definition—

"low-risk sporting activity means a sporting activity other than—

(a)martial arts; or

(b)horse riding; or

(c)gym instruction; or

(d)a sporting activity with a high risk of injury that is prescribed;".

(3)In section 3 of the Principal Act insert the following definition—

"adult means a person who is 18 years of age or older;".

(4)In section 3 of the Principal Act, the definition of child employment officer is repealed.

(5)In section 3 of the Principal Act, in the definitions of employ and employer, for "section 4" substitute "section 4B".

(6)In section 3 of the Principal Act—

(a)insert the following definition—

"parental responsibility has the same meaning as in section 3(1) of the Children, Youth and Families Act 2005;";

(b)in the definition of family business, for "a parent or guardian of the child" substitute "the child's parent or another person who has parental responsibility for the child".

(7)In section 3 of the Principal Act insert the following definition—

"protective services officer has the same meaning as it has in section 3(1) of the Victoria Police Act 2013;".

6Section 4 substituted

For section 4 of the Principal Act substitute—

4What is employment?"

(1)For the purposes of this Act, a child is engaged in employment if the child performs work under a contract of service or a contract for services (whether written or unwritten).

(2)For the purposes of this Act, a child is also engaged in employment if—

(a)the child performs work, other than under a contract referred to in subsection (1), in a business, trade or occupation (whether or not the child receives payment or other reward for performing that work) for the benefit of—

(i)the business; or

(ii)a person involved in the business, trade or occupation; and

(b)the child is subject to directions about how the child's work is performed.

(3)A benefit referred to in subsection (2) may be of a financial or non-financial nature.

(4)In determining whether a child is performing work referred to in subsection (2), whether the work would commonly attract payment may be taken into account.

(5)Despite subsections (1) and (2), a child is not engaged in employment if the child performs work that is constituted only by an activity specified in section 4A.".

7New sections 4A and 4B inserted

After section 4 of the Principal Act insert—

4AActivities that are not employment"

(1)For the purposes of section 4(5), the following activities are specified—

(a)participating in a church, religious service or religious program;

(b)participating in a project or entertainment the net proceeds of which are applied for the benefit of—

(i)a church; or

(ii)any other religious body; or

(iii)an institution that is established for public worship;

(c)participating in a project or entertainment for the benefit or as part of the activities of a school if the child—

(i)is enrolled at the school; and

(ii)is under the direction or control of the school;

(d)participating in work under a training contract within the meaning of the Education and Training Reform Act 2006;

(e)undertaking domestic activities (including babysitting services) on an occasional or casual basis at residential premises if the child is the only person who will seek or obtain a financial benefit for that employment or engagement;

(f)undertaking tutoring activities on an occasional or casual basis if the child is the only person who will seek or obtain a financial benefit for that employment or engagement;

(g)being recorded (whether the recording is audio or audio visual) for the purposes of a specified program if the child—

(i)is not being recorded as the presenter of the specified program; and

(ii)is not being given directions about how to appear or what to say by a director or producer of the specified program or a person making the recording;

(h)being recorded (whether the recording is audio or audio visual) for the purposes of any program if the child is in a public place and is providing a spontaneous reply or opinion in response to a question;

(i)performing work in relation to a low‑risk sporting activity, including coaching, refereeing or umpiring;

(j)any activity or arrangement prescribed not to be employment.

(2)In this section—

specified program means a news, current affairs, lifestyle, documentary or education program, but does not include a reality program.

4BWhen does a person employ a child and who is an employer?

(1)For the purposes of this Act, a person is taken to employ a child and to be the employer of a child if—

(a)the person engages the child under a contract referred to in section 4(1); or

(b)the person engages the child to perform work referred to in section 4(2).

(2)Despite subsection (1), a person is not taken to employ a child or to be an employer of a child if the person is in a class of persons prescribed by the regulations.".

8What is light work?

In section 5(1)(a) and (4) of the Principal Act, for "or moral or material welfare" substitute ", wellbeing".

9Heading to section 6 substituted

For the heading to section 6 of the Principal Act substitute—

"Supervisors in relation to entertainment".

10Employment without a permit

For the penalty at the foot of section 9(1) of the Principal Act substitute—

"Penalty:1200 penalty units in the case of a body corporate;

240 penalty units in any other case.".

11Minimum age for employment

(1)In section 10(1)(a) of the Principal Act—

(a)in subparagraph (ii), for "material;" substitute "material; and";

(b)subparagraph (iii) is repealed.

(2)For the penalty at the foot of section 10(3) of the Principal Act substitute—

"Penalty:1200 penalty units in the case of a body corporate;

240 penalty units in any other case.".

12Employment of children during school hours

For the penalty at the foot of section 11(1) of the Principal Act substitute—

"Penalty:1200 penalty units in the case of a body corporate;

240 penalty units in any other case.".

13Prohibited employment

For the penalty at the foot of section 12(1) of the Principal Act substitute—

"Penalty:1200 penalty units in the case of a body corporate;

240 penalty units in any other case.".

14New section 12A inserted

After section 12 of the Principal Act insert—

12AProhibited conduct in entertainment—employer obligations"

(1)A person who employs a child in entertainment must take reasonable steps to ensure that, during the course of the employment, the child is not subjected to any behaviour—

(a)that unnecessarily socially isolates the child; or

(b)that is likely to intimidate, threaten, frighten or humiliate the child.

Penalty:1200 penalty units in the case of a body corporate;

240 penalty units in any other case.

(2)For the purposes of subsection (1), a child is not unnecessarily socially isolated if isolation is required to perform the work for which the child has been engaged.

(3)A person who employs a child in entertainment must ensure that, during the course of the child's employment, the child is not—

(a)made distressed for the purposes of depicting an emotional reaction; or

(b)present while the genital region or buttocks of another person, or the breast area of a person who is female, are exposed; or

(c)otherwise exposed to acts or circumstances that depict or deal with adult themes, including nudity, sex, cruelty, violence or drug misuse.

Penalty:1200 penalty units in the case of a body corporate;

240 penalty units in any other case.".

15Permit conditions

For the penalty at the foot of section 17(4) of the Principal Act substitute—

"Penalty:240 penalty units in the case of a body corporate;

120 penalty units in any other case.".

16Record keeping by employers

For section 18B(4) and (5) of the Principal Act substitute—

"(4)An employer must keep a written record of the name of any person who supervises a child in the course of the child's employment and the number of any current WWC clearance for that person in accordance with subsection (5).

(5)The employer must keep the written record—

(a)for a period of 5 years after the person who supervised the child last supervised any child in the course of the child's employment by the employer; or

(b)for any other prescribed period.".

17Supervision of children in employment

(1)In section 19(1)(a) and (b) of the Principal Act, for "a person" substitute "an adult".

(2)For the penalty at the foot of section 19(1) of the Principal Act substitute—

"Penalty:1200 penalty units in the case of a body corporate;

240 penalty units in any other case.".

(3)For the note at the foot of section 19(1) of the Principal Act substitute—

"Notes

1     Section 19A of this Act extends and applies the Worker Screening Act 2020 (with modifications) to the supervision of children in employment under this Act. 

2 The supervisor of a child is required to hold a current WWC clearance—see section 121 of the Worker Screening Act 2020, as applied and modified by section 19A(1) and (2)(f) and (g) of this Act.

3 It is an offence for a person to engage another person to supervise a child in employment without a current WWC clearance—see section 123 of the Worker Screening Act 2020, as applied and modified by section 19A(1) and (2)(j) and (k) of this Act.

4 Exemptions from the requirement for supervisors of child employees to hold a current WWC clearance are set out in section 19B of this Act. The exemptions in Chapter 5 of the Worker Screening Act 2020 from a requirement to hold a current WWC clearance do not apply to the supervisors of child employees—see section 19A(1) and (2)(f) of this Act.".

(4)Section 19(2) and (3) of the Principal Act are repealed.

(5)In section 19(4) of the Principal Act—

(a)for "a child employment officer" substitute "an authorised officer";

(b)for "the child employment officer" substitute "the authorised officer".

(6)For the penalty at the foot of section 19(4) of the Principal Act substitute—

"Penalty:240 penalty units in the case of a body corporate;

120 penalty units in any other case.".

(7)In section 19(5) of the Principal Act, for "subsection (3)" substitute "section 18B(5)".

18New section 19AA inserted

After section 19 of the Principal Act insert—

19AASupervision of children during auditions etc."

(1)A person who conducts a casting process for the purposes of employing a child to perform a role must ensure that any child who participates in the casting process is supervised by a person specified in subsection (2) during the casting process.

Penalty:240 penalty units in the case of a body corporate;

120 penalty units in any other case.

(2)For the purposes of subsection (1), the following persons are specified—

(a)an adult who—

(i)has a current WWC clearance; or

(ii)is exempt from the requirement to have a current WWC clearance under section 19B;

(b)the parent or guardian of the child.

(3)In this section—

casting process means any audition or other trial hearing or viewing of an actor for any role in a television, film, live music, theatre or dance production and includes screen tests and walk-ons.".

19Application of Worker Screening Act 2020

At the foot of section 19A(2)(f) of the Principal Act insert—

"Note

Chapter 5 of the Worker Screening Act 2020 contains a number of exemptions from the requirement to hold a current WWC clearance which do not apply in relation to the supervisors of child employees. For exemptions from the requirement for supervisors of child employees to hold a current WWC clearance see section 19B of this Act instead.".

20Exemptions from WWC check

(1)In section 19B(1)(c) of the Principal Act, after "police officer" (where twice occurring) insert "or protective services officer".

(2)In section 19B(4) of the Principal Act, after "police officer" (where twice occurring) insert "or protective services officer".

21Condition 2—hours of work

After section 21(3) of the Principal Act insert—

"(4)This section does not apply to a child who is exempted from enrolment at school, attendance at school, or both enrolment and attendance at school, in accordance with section 2.1.5 of the Education and Training Reform Act 2006.".

22Contravention of conditions

For the penalty at the foot of section 23(1) of the Principal Act substitute—

"Penalty:240 penalty units in the case of a body corporate;

120 penalty units in any other case.".

23Section 26 substituted

For section 26 of the Principal Act substitute—

26Supervision in family businesses"

(1)A person who employs a child in or in relation to a family business must ensure the child is directly supervised in that employment by—

(a)a parent of the child or a person who has parental responsibility for the child; or

(b)an adult—

(i)who works in the family business; and

(ii)who is an appropriate person, in all the circumstances, to have direct supervision of the child in that employment.

Penalty:60 penalty units.

(2)A person who employs a child in or in relation to a family business must ensure the child is not left in the supervision of a person referred to in subsection (1)(b) for an unreasonable period.

Penalty:60 penalty units.".

24Effect of the mandatory code

For the penalty at the foot of section 32 of the Principal Act substitute—

"Penalty:240 penalty units in the case of a body corporate;

120 penalty units in any other case.".

25Heading to Division 1 of Part 4 substituted

For the heading to Division 1 of Part 4 of the Principal Act substitute—

"Division 1—Authorised officers".

26Section 37 repealed

Section 37 of the Principal Act is repealed.

27Section 38 substituted

For section 38 of the Principal Act substitute—

38Appointment of authorised officers"

(1)The Wage Inspectorate Victoria, by instrument, may appoint a person employed under Part 3 of the Public Administration Act 2004 to be an authorised officer for the purposes of this Act.

(2)The Wage Inspectorate Victoria must give an authorised officer a certificate of appointment signed by the Commissioner of the Wage Inspectorate Victoria.

(3)A certificate of appointment given to an authorised officer under subsection (2) is conclusive proof of the valid appointment of the authorised officer.

(4)An authorised officer is subject to the Wage Inspectorate Victoria's directions in the exercise of the authorised officer's powers under this Act or the regulations.

(5)A direction under subsection (4) may be of a general nature or may relate to a specified matter or to a specified class of matter.

(6)The Wage Inspectorate Victoria, by instrument, may revoke an appointment under subsection (1) at any time.".

28Identity cards

(1)For section 39(1) and (2) of the Principal Act substitute—

"(1)The Wage Inspectorate Victoria must issue an identity card to each authorised officer—

(a)containing a photograph of the authorised officer and the authorised officer's signature; and

(b)in the form approved by the Wage Inspectorate Victoria.".

(2)In section 39(3) of the Principal Act—

(a)for "A child employment officer" substitute "An authorised officer";

(b)for "his or her" substitute "the authorised officer's";

(c)in paragraph (a), after "by" insert ", or a power exercised by way of,".  

29Section 40 amended

(1)In the heading to section 40 of the Principal Act, for "child employment officers" substitute "authorised officers".

(2)In section 40 of the Principal Act—

(a)in subsection (1), for "A child employment officer" substitute "An authorised officer";

(b)in subsection (2), for "a child employment officer" substitute "an authorised officer".

30When may powers be exercised?

(1)For section 41(1) of the Principal Act substitute—

"(1)An authorised officer may exercise powers under this Part only to the extent that it is reasonably necessary to do so for the purposes of—

(a)investigating an application for a permit; or

(b)monitoring or determining compliance with the child employment laws; or

(c)investigating contraventions or possible contraventions of this Act and the regulations.".

(2)In section 41(2) of the Principal Act, for "a child employment officer" substitute "an authorised officer".

31Power of entry

(1)In section 42(1) of the Principal Act—

(a)for "a child employment officer" substitute "an authorised officer";

(b)in paragraph (b), omit ", or any activity to which Part 3 applies,";

(c)for paragraph (c) substitute—

"(c)any premises, being a place of business at which the officer has reasonable grounds for believing that there are documents relevant to the purpose of—

(i)investigating an application for a permit; or

(ii)monitoring or determining compliance with the child employment laws; or

(iii)investigating contraventions or possible contraventions of this Act and the regulations.".

(2)In section 42(2) of the Principal Act—

(a)for "a child employment officer" substitute "an authorised officer";

(b)for "his or her" substitute "the authorised officer's".

(3)In section 42(3) of the Principal Act, for "a child employment officer" substitute "an authorised officer".

(4)In section 42(4) of the Principal Act—

(a)for "A child employment officer" substitute "An authorised officer";

(b)for "he or she" substitute "the occupier".

(5)In section 42(5) of the Principal Act—

(a)for "the child employment officer" substitute "the authorised officer";

(b)in paragraph (b), for "he or she" substitute "the occupier".

(6)In section 42(6) of the Principal Act, for "the child employment officer" substitute "the authorised officer".

(7)In section 42(8) of the Principal Act, for "a child employment officer" substitute "an authorised officer".

32Powers on entry

In section 43 of the Principal Act—

(a)for "a child employment officer" substitute "an authorised officer";

(b)after paragraph (b) insert—

"(ba)make—

(i)any still or moving image of the premises; or

(ii)any audio or audio visual recording of the premises;";

(c)for paragraph (d) substitute—

"(d)require a person who has custody or control of, or access to, a document that is relevant to any of the following purposes to produce that document to the authorised officer within a reasonable period specified by the authorised officer—

(i)the purpose of investigating an application for a permit;

(ii)the purpose of monitoring or determining compliance with the child employment laws;

(iii)the purpose of investigating contraventions or possible contraventions of this Act and the regulations;";

(d)in paragraph (e), for "him or her" substitute "the authorised officer".

33   Power to give directions 

(1)For section 43A(1) of the Principal Act substitute—

"(1)An authorised officer may give a direction (either orally or in writing) to a person at premises referred to in section 42(1) if the authorised officer reasonably believes that it is necessary to do so because of an immediate or serious risk to the health, safety, wellbeing or development of any child employed at the premises.".

(2)For the penalty at the foot of section 43A(2) of the Principal Act substitute—

"Penalty:240 penalty units in the case of a body corporate;

120 penalty units in any other case.".

34Power to require information or documents

(1)For section 44(1) of the Principal Act substitute—

"(1)For a purpose specified in subsection (1A), an authorised officer, by written notice, may require a person, within a reasonable period specified in the notice, to—

(a)give to the authorised officer any information that the authorised officer requires; or

(b)produce to the authorised officer any relevant document in the person's custody or control.

(1A)The following purposes are specified—

(a)investigating an application for a permit;

(b)monitoring or determining compliance with the child employment laws;

(c)investigating contraventions or possible contraventions of this Act and the regulations.".

(2)In section 44(2) of the Principal Act—

(a)for "A child employment officer" substitute "An authorised officer";

(b)for "him or her" substitute "the authorised officer".

35Retention of documents

(1)In section 45(1) of the Principal Act—

(a)for "A child employment officer" substitute "An authorised officer";

(b)for "him or her" substitute "the authorised officer";

(c)for "a child employment officer" substitute "an authorised officer".

(2)In section 45(2) of the Principal Act—

(a)for "child employment officer" substitute "authorised officer";

(b)for "he or she" substitute "the authorised officer".

36New section 45A inserted

After section 45 of the Principal Act insert—

45AInfringement notices"

(1)An authorised officer may issue to or serve an infringement notice on any person that the authorised officer has reason to believe has committed a prescribed offence.

(2)An offence referred to in subsection (1) for which an infringement notice may be issued or served is an infringement offence within the meaning of the Infringements Act 2006.

(3)The infringement penalty for an offence referred to in subsection (1) is the prescribed penalty for the offence.".

37Confidentiality

(1)For section 46(1) of the Principal Act substitute—

"(1)An authorised officer must not, except to the extent necessary to exercise the authorised officer's powers under this Act, give to any other person, whether directly or indirectly, any information acquired by the authorised officer in exercising those powers.

Penalty:60 penalty units.".

(2)For section 46(2)(e) of the Principal Act substitute—

"(e)to the Department; or

(f)to the Secretary; or

(g)to the Minister; or

(h)to a person or body prescribed by the regulations; or

(i)with the written authority of the person to whom the information relates.".

38New Division 1A of Part 4 inserted

After section 46 of the Principal Act insert—

"Division 1A—Compliance notices

46ACompliance notices

The Wage Inspectorate Victoria may issue a compliance notice to a person if the Wage Inspectorate Victoria reasonably believes that the person has contravened this Act.

46BForm and content of compliance notices

(1)A compliance notice must—

(a)specify the provision of this Act that the Wage Inspectorate Victoria reasonably believes has been or is being contravened; and

(b)state the basis for the Wage Inspectorate Victoria's belief regarding the alleged contravention to which the compliance notice relates; and

(c)state the action that the person must take to remedy the alleged contravention; and

(d)specify a date by which the person is required to take the action referred to in paragraph (c); and

(e)state the penalty for contravening the compliance notice; and

Note

The penalty for the contravention of a compliance notice is set out in section 46C.

(f)state the effect of section 46D; and

Note

The effect of a compliance notice is set out in section 46D.

(g)specify any further action that the Wage Inspectorate Victoria may take if the contravention is not remedied. 

(2)A compliance notice must be in writing.

(3)The Wage Inspectorate Victoria, by further written notice, may extend the date specified in the compliance notice for up to 24 months.

46C Person must comply with a compliance notice 

A person to whom a compliance notice is issued must take the action specified in the notice by—

(a)the date specified in the notice; or

(b)if the Wage Inspectorate Victoria extended the date under section 46B(3), by that later date.

Penalty:240 penalty units in the case of a body corporate;

120 penalty units in any other case.

46DEffect of compliance notice

(1)On or before the date specified in a compliance notice or, if the Wage Inspectorate Victoria has extended the date under section 46B(3), on or before that extended date—

(a)no proceeding may be commenced for an offence against this Act that is constituted by the alleged contravention to which the compliance notice relates; and

(b)no other enforcement action may be taken in respect of the alleged contravention to which the compliance notice relates.

(2)If a person fulfils all of the requirements of a compliance notice, after the date specified in the notice or, if the Wage Inspectorate Victoria has extended the date under section 46B(3), after that extended date—

(a)no proceeding may be commenced for an offence against this Act that is constituted by the alleged contravention to which the compliance notice related; and

(b)no other enforcement action may be taken in respect of the alleged contravention to which the compliance notice related.

(3)The fulfillment of the requirements of a compliance notice by a person is not and must not be taken to be—

(a)if the provision of this Act specified in the notice is an offence, an admission of guilt in relation to the offence; or

(b)an admission that the person has contravened the provision of this Act specified in the notice for the purposes of any enforcement action, and the fulfillment of the requirements does not in any way affect or prejudice any such enforcement action.

(4)In this section—

enforcement action means the variation or cancellation of the person's permit by the Wage Inspectorate Victoria.".

39Section 47 amended

(1)For the heading to section 47 of the Principal Act substitute—

"Offences relating to failing to produce documents, hindering authorised officers and giving false or misleading information".

(2)In section 47(1)(c) of the Principal Act, for "a child employment officer" substitute "an authorised officer".

(3)For the penalty at the foot of section 47(1) of the Principal Act substitute—

"Penalty:240 penalty units in the case of a body corporate;

120 penalty units in any other case.".

(4)In section 47(2)(a) and (b) of the Principal Act, for "a child employment officer" substitute "an authorised officer".

(5)For the penalty at the foot of section 47(2) of the Principal Act substitute—

"Penalty:240 penalty units in the case of a body corporate;

120 penalty units in any other case.".

40Protection against self-incrimination

In section 48 of the Principal Act—

(a)in subsection (3), for "a child employment officer" substitute "an authorised officer";

(b)in subsection (5), for "child employment officer" substitute "authorised officer".

41Section 49 amended

(1)In the heading to section 49 of the Principal Act, for "child employment officers" substitute "authorised officers".

(2)In section 49 of the Principal Act, for "a child employment officer" substitute "an authorised officer".

42New Division 3 of Part 4 inserted

After Division 2 of Part 4 of the Principal Act insert—

"Division 3—Additional compliance functions of Wage Inspectorate Victoria

51AAdditional compliance functions of the Wage Inspectorate Victoria

The Wage Inspectorate Victoria has the following functions under this Act—

(a)to investigate contraventions or possible contraventions of this Act and the regulations;

(b)to monitor and ensure compliance with the child employment laws;

(c)to conduct audits in relation to work performed by a child under a permit;

(d)to review and evaluate the safety of work performed by a child under a permit;

(e)to provide information about the operation of this Act, the mandatory code and regulations to employers, schools, children, parents and other interested members of the community.".

43Delegation

In section 52 of the Principal Act—

(a)for "a child employment officer" substitute "an authorised officer";

(b)in paragraph (a), for "child employment officers" substitute "authorised officers".

44Regulations

(1)After section 53(1)(ae) of the Principal Act insert—

"(af)prescribing an infringement offence;".

(2)For section 53(2)(c) of the Principal Act substitute—

"(c)may impose a penalty for a contravention of the regulations not exceeding 20 penalty units;

(d)may impose an infringement penalty for a contravention of this Act not exceeding 12 penalty units for an individual or 24 penalty units for a body corporate;

(e)may impose an infringement penalty for a contravention of the regulations not exceeding 4 penalty units.".  

45Amendment of Education and Training Reform Act 2006

(1)In section 5.4.11(3) of the Education and Training Reform Act 2006 omit ", except as provided by subsection (4)".

(2)Section 5.4.11(4) of the Education and Training Reform Act 2006 is repealed.

Division 2—Amendments in relation to non-profit organisations

46What is employment?

For section 4(2) of the Principal Act substitute—

"(2)For the purposes of this Act, a child is also engaged in employment if—

(a)the child performs work, other than under a contract referred to in subsection (1), in—

(i)a business, trade or occupation (whether or not the child receives payment or other reward for performing that work) for the benefit of—

(A)the business; or

(B)a person involved in the business, trade or occupation; or

(ii)a non-profit organisation (whether or not the child receives payment or other reward for performing that work) for the benefit of—

(A)the non-profit organisation; or

(B)a person involved in the non‑profit organisation; and

(b)the child is subject to directions about how the child's work is performed.".

Part 3—Amendments in relation to licensing and criminal liability of employer representatives and nominated officers

47Purposes

In section 1 of the Principal Act—

(a)in paragraph (c), for "permits" substitute "licences";

(b)in paragraph (d), for "permit" substitute "licence".

48Definitions

In section 3 of the Principal Act—

(a)insert the following definitions—

"employer representative, for an applicant or a licence holder, means a person who is nominated in relation to the licence under section 13(4) or 18AE(3)(d);

entertainment licence means a licence to employ children in entertainment;

general licence means a licence other than an entertainment licence;

licence means a licence issued under Division 2 of Part 2;

licence holder means a person who holds a licence;

nominated officer, for an applicant or a licence holder, means a person who is nominated in relation to the licence under section 13(3) or 18AE(3)(c);

workplace law has the same meaning as it has in section 3 of the Labour Hire Licensing Act 2018;";

(b)the definition of permit is repealed.

49Supervisors in relation in entertainment

At the end of section 6 of the Principal Act insert—

"(2)Nothing in this Act prevents a person who is an employer representative for a licence holder having the supervision of a child employed under the licence.".

50When may a child be employed?

In section 8(a) of the Principal Act, for "permit" substitute "licence".

51Section 9 amended

(1)In the heading to section 9 of the Principal Act, for "permit" substitute "licence".

(2)For section 9(1) of the Principal Act substitute—

"(1)A person must not employ a child unless the person holds a licence that authorises that employment.

Penalty:1200 penalty units in the case of a body corporate;

240 penalty units in any other case.".

(3)In section 9(2) of the Principal Act, for "a permit has been issued for the employment" substitute "the person who employs the child holds a licence that authorises the employment".

52Division 2 of Part 2 heading amended

In the heading to Division 2 of Part 2 of the Principal Act, for "Permits" substitute "Licences".

53Section 13 substituted

For section 13 of the Principal Act substitute—

13Application for a licence"

(1)A person may apply to the Wage Inspectorate Victoria for the issue of a licence authorising the person to employ children.

(2)The application must—

(a)be made in writing and in the form approved by the Wage Inspectorate Victoria; and

(b)state the name, telephone number and business address of the applicant, including any business or other trading name; and

(c)state whether the application is for—

(i)an entertainment licence; or

(ii)a general licence; and

(d)in the case of an application for a general licence, state whether the application is for a licence of a period of one year or two years; and

(e)contain the prescribed information (if any); and

(f)contain any other information required by the Wage Inspectorate Victoria.

(3)If an applicant for a licence is a body corporate—

(a)the applicant must nominate an employee or an officer of the applicant who, on behalf of the applicant—

(i)will make or participate in making decisions about the employment of children by the applicant (including whether or not to employ particular children); and

(ii)will have knowledge of the work of children employed by the applicant; and

(iii)will have responsibility for ensuring that, in relation to the work of children employed by the applicant, the applicant complies with the child employment laws and the conditions of the licence; and

(b)the application must state the full name, position description and contact details of that person.

(4)If an application is for an entertainment licence—

(a)the applicant must nominate one or more persons who—

(i)will have, on behalf of the applicant, the power to direct the work of any child employed by the applicant; and

(ii)will have, on behalf of the applicant, the power to ensure that, in relation to any child's work, the applicant complies with the child employment laws and the conditions of the licence; and

(iii)have a current WWC clearance or are exempt from the requirement to have a current WWC clearance under section 19B; and

(b)the application must state the full name, position description and contact details of each of those persons.

(5)The applicant must not nominate a person under subsection (3) or (4) who has been convicted or found guilty of an offence against a child employment law or a workplace law.

(6)An application for a licence must be accompanied by a declaration by the applicant or, if the applicant is a body corporate, by an officer of the body corporate—

(a)that to the applicant's or officer's knowledge the applicant will comply with the child employment laws and workplace laws; and

(b)that the applicant or officer knows that giving information which the applicant or officer knows to be false or misleading in a material particular in, or in relation to, the application is an offence with a maximum penalty of 120 penalty units. 

(7)An application for an entertainment licence must also include a written undertaking that the applicant will engage persons who are suitably experienced or qualified to supervise each child that the applicant employs during the course of their employment.

(8)For the purposes of subsection (7)—

(a)a person is suitably experienced to supervise a child if the person is the child's parent or guardian; and

(b)a person is suitably qualified to supervise a child who is employed under an entertainment licence if the person satisfies the requirements to supervise the child set out in the mandatory code.

(9)An applicant for a licence may withdraw the application at any time before the Wage Inspectorate Victoria determines the application.".

54Section 13A repealed

Section 13A of the Principal Act is repealed.

55Section 14 amended

(1)In the heading to section 14 of the Principal Act, for "permit" substitute "licence or renewal".

(2)In section 14(1) of the Principal Act—

(a)for "permit" substitute "licence or renewal of a licence";

(b)in paragraph (b), omit "or the parent or guardian of the child".

(3)In section 14(2) of the Principal Act omit "or parent or guardian".

56New section 15 inserted

After section 14 of the Principal Act insert—

15Fit and proper person"

An applicant for a licence must satisfy the Wage Inspectorate Victoria that the applicant is a fit and proper person to employ children.".

57Section 16 substituted

For section 16 of the Principal Act substitute—

16Matters to be taken into account in assessing whether fit and proper person"

In determining whether an applicant is a fit and proper person under this Division, the Wage Inspectorate Victoria must have regard to the applicant's history of compliance with—

(a)the child employment laws; and

(b)other workplace laws.".

58Section 16A repealed

Section 16A of the Principal Act is repealed.

59Section 17 substituted

For section 17 of the Principal Act substitute—

17Determining application for licence"

(1)On receiving an application under section 13, the Wage Inspectorate Victoria may determine whether—

(a)to grant a licence; or

(b)refuse to grant a licence.

(2)The Wage Inspectorate Victoria must not grant a licence unless it is satisfied that—

(a)the applicant is a fit and proper person; and

(b)in the case of an applicant that is a body corporate, the application includes a nomination of a nominated officer for the applicant; and

(c)in the case of an application for an entertainment licence—

(i)the application includes a nomination of one or more employer representatives for the applicant; and

(ii)the application is accompanied by the undertaking referred to in section 13(7).

(3)The Wage Inspectorate Victoria must give written notice of a determination under subsection (1) to—

(a)the applicant; and

(b)any nominated officer for the applicant; and

(c)any employer representative for the applicant.".

60Section 18 substituted

For section 18 of the Principal Act substitute—

18Licence conditions"

(1)A licence is subject to any conditions determined by the Wage Inspectorate Victoria and specified in the licence.

(2)Without limiting subsection (1), a licence may be subject to any of the following conditions—

(a)conditions limiting employment under the licence to particular activities or categories of work;

(b)conditions requiring employment under the licence to be carried out in a particular way;

(c)conditions in relation to educational requirements for children employed under an entertainment licence.

(3)Each licence is also subject to a condition that the licence holder must comply with the child employment laws.

(4)Each licence issued to a body corporate is also subject to a condition that the licence holder must ensure that, while the licence is in force, there is an employee or officer of the body corporate who is a nominated officer for the licence holder.

(5)A person who employs a child under a licence must not contravene a condition of the licence.

Penalty:240 penalty units in the case of a body corporate;

120 penalty units in any other case.".

61Section 18A substituted and new sections 18AB to 18AK inserted

For section 18A of the Principal Act substitute—

18AIssue of licence"

(1)If the Wage Inspectorate Victoria grants a licence on an application, the Wage Inspectorate Victoria must issue the licence to the applicant.

(2)A licence must state—

(a)whether it is—

(i)an entertainment licence; or

(ii)a general licence; and

(b)the period it remains in force; and

(c)the conditions of the licence; and

(d)if the licence holder is a body corporate, the full name, position description and contact details of the nominated officer for the licence holder; and

(e)if the licence is an entertainment licence, the full name, position description and contact details of each of the employer representatives for the licence holder.

18ABDuration of licence

(1)A licence comes into force on the date specified in the licence.

(2)A licence remains in force—

(a)until the expiry date specified in the licence, which must not be later than—

(i)in the case of an entertainment licence, one year after the day on which the licence came into force; or

(ii)in the case of a general licence, 2 years after the day on which the licence came into force; or

(b)if the licence is cancelled or otherwise ceases to be in force before the expiry date, until the licence is cancelled or otherwise ceases to be in force.

18ACLicence is not transferable

A licence is not transferable.

18ADLicence holder must give notice of certain changes

(1)A licence holder must give the Wage Inspectorate Victoria notice each time the licence holder employs a child after the employment commences.

(2)A notice under subsection (1) must include the following information—

(a)the name, date of birth and home address of the child;

(b)the name and telephone number of the child's parent or guardian, and the home address of the child's parent or guardian if different from the home address of the child;

(c)details of—

(i)the intended workplace of the child and the business, trade or occupation carried on in the workplace; and

(ii)the duties it is intended the child will perform; and

(iii)the intended hours of employment of the child and the intended dates of commencement and completion of that employment; and

(iv)whether any of the employment will be within a school term and, if so, whether any of it will be within school hours;

(d)any other prescribed information.

(3)A licence holder must give the Wage Inspectorate Victoria notice if there are any changes in the information provided to the Wage Inspectorate Victoria in an application under this Division.

(4)The Wage Inspectorate Victoria may require a licence holder to provide further information relevant to a notice under this section in the form and manner approved by the Wage Inspectorate Victoria.

(5)A notice under this section must be in the form and manner approved by the Wage Inspectorate Victoria.

18AERenewal of licence

(1)A licence holder may apply to the Wage Inspectorate Victoria for renewal of the licence.

(2)An application for renewal must be made before the expiry of the licence.

(3)An application for renewal must—

(a)be made in writing and in the form approved by the Wage Inspectorate Victoria; and

(b)be accompanied by the information referred to in section 13(2)(b) to (f); and

(c)if the applicant is a body corporate, include a nomination of a person who meets the requirements set out in section 13(3) and state the full name, position description and contact details of that person; and

(d)if the application is for the renewal of an entertainment licence—

(i)include a nomination of one or more persons who meet the requirements set out in section 13(4) and state the full name, position description and contact details of those persons; and

(ii)be accompanied by the undertaking referred to in section 13(7); and

(e)be accompanied by the declarations referred to in section 13(6).

(4)On receiving an application under subsection (1), the Wage Inspectorate Victoria may determine whether—

(a)to renew a licence; or

(b)refuse to renew a licence.

(5)The Wage Inspectorate Victoria must not renew a licence unless it is satisfied that—

(a)the applicant is a fit and proper person; and

(b)in the case of an applicant that is a body corporate, the application includes a nomination of a nominated officer for the applicant in relation to application; and

(c)in the case of an application for an entertainment licence—

(i)the application includes a nomination of one or more employer representatives for the applicant; and

(ii)the application is accompanied by the undertaking referred to in section 13(7).

(6)A licence may be renewed for—

(a)in the case of an entertainment licence, a period of not more than one year; or

(b)in the case of a general licence, a period of not more than 2 years.

(7)A licence may be renewed more than once.

(8)An applicant for a renewal of a licence may withdraw the application at any time before the Wage Inspectorate Victoria determines the application.

(9)The Wage Inspectorate Victoria must give written notice of a determination under subsection (4) to—

(a)the applicant; and

(b)any nominated officer for the applicant; and

(c)any employer representative for the applicant.

18AFVariation of licence

(1)The Wage Inspectorate Victoria may vary a licence at any time.

(2)The Wage Inspectorate Victoria may vary a licence—

(a)on its own initiative; or

(b)if an application is made by a licence holder to vary the licence holder's licence.

(3)A variation of a licence may include any of the following—

(a)variation of the period of the licence;

(b)variation of an existing condition on the licence;

(c)removal of a condition on the licence;

(d)addition of a condition or any further condition on the licence;

(e)variation of any particular of the employment specified in the licence;

(f)substitution of a nominated officer;

(g)addition or removal of an employer representative.

(4)In considering whether to vary a licence, the Wage Inspectorate Victoria may cause to be carried out any investigation or inquiry that it considers necessary to enable the proper consideration of the variation.

(5)If the Wage Inspectorate Victoria varies a licence, it must give written notice of the variation to the licence holder.

18AGSuspension and cancellation of licence

(1)The Wage Inspectorate Victoria may suspend or cancel a licence by giving the licence holder written notice of the suspension or cancellation if—

(a)the Wage Inspectorate Victoria is satisfied that—

(i)the health, safety, wellbeing or development or education of a child is suffering or is likely to suffer from the employment; or

(ii)the child is being or is likely to be subjected to any form of exploitation in the course of the employment; or

(iii)the employment is prohibited employment; or

(b)the Wage Inspectorate Victoria believes on reasonable grounds that the licence holder has contravened the conditions of the licence.

(2)The Wage Inspectorate Victoria must consider the response of the licence holder given within the time referred to in section 18AH(c), if any, before deciding whether to suspend or cancel the licence.

(3)In considering whether to suspend or cancel a licence, the Wage Inspectorate Victoria may cause to be carried out any investigation or inquiry that it considers necessary to enable the proper consideration of the suspension or cancellation.

(4)If the Wage Inspectorate Victoria decides to suspend or cancel a licence under subsection (1), the Wage Inspectorate Victoria must give the licence holder a written notice stating—

(a)the decision and reasons for the decision; and

(b)in the case of a suspension, the period of suspension (which must not begin before the notice is given); and

(c)in the case of a cancellation, the date on which the cancellation takes effect; and

(d)that the licence holder may apply to VCAT for review of the decision to suspend or cancel the licence.

18AHShow cause notice before suspension or cancellation

If the Wage Inspectorate Victoria proposes to suspend or cancel a licence under section 18AG, the Wage Inspectorate Victoria must give the licence holder written notice stating—

(a)that the Wage Inspectorate Victoria proposes to suspend or cancel the licence; and

(b)the reasons for the proposed suspension or cancellation; and

(c)that the licence holder may, within 14 days after the notice is given, give the Wage Inspectorate Victoria a written response to the proposed suspension or cancellation.

18AIApplication for review of certain licence decisions

(1)An eligible applicant for a licence may apply to VCAT for review of the following decisions by the Wage Inspectorate Victoria—

(a)a decision to refuse to grant a licence under section 17;

(b)a decision to impose a licence condition under section 18;

(c)a decision to refuse to renew a licence under section 18AE;

(d)a decision to vary a licence under section 18AF;

(e)a decision to suspend or cancel a licence under section 18AG.

(2)An application under subsection (1) must be made within 28 days after—

(a)for a decision referred to in subsection (1)(a), (c), (d) or (e), the day the eligible applicant was given notice of that decision; or

(b)for a decision referred to in subsection (1)(b)—

(i)in the case of a condition imposed on the grant of a licence under section 17 or the renewal of a licence under section 18AE, the day the licence was issued to the eligible applicant; or

(ii)in the case of condition imposed as a variation of a licence under section 18AF, the day the eligible applicant was given notice of the variation.

(3)In this section—

eligible applicant means—

(a)in the case of a decision relating to an application for a licence or a renewal of a licence, the applicant for the licence or renewal of the licence; or

(b)in the case of any other decision relating to a licence, the licence holder.

18AJOffence to give false and misleading information in relation to licence applications, renewals and variations

A person must not, in or in relation to any of the following applications, give information that the person knows to be false or misleading in a material particular—

(a)an application for a licence;

(b)an application for the renewal of a licence;

(c)an application to vary a licence.

Penalty:240 penalty units in the case of a body corporate;

120 penalty units in any other case.

18AKWage Inspectorate Victoria must maintain the Child Employment Register

(1)The Wage Inspectorate Victoria must establish and keep a register to be called the Child Employment Register.

(2)The purposes of the Register are—

(a)to record information about licence holders; and

(b)to record information about licences, including in respect of the following—

(i)conditions;

(ii)variations;

(iii)suspensions and cancellations; and

(c)to record decisions of the Wage Inspectorate Victoria under this Act; and

(d)to make the information collected for the purposes of the Register available to the public; and

(e)to enable the Wage Inspectorate Victoria to provide information to licence holders and other persons affected by this Act.

(3)The Wage Inspectorate Victoria must record in the Register the following information in respect of each licence—

(a)the licence holder's name and contact details;

(b)the name and contact details of each nominated officer for the licence holder;

(c)the name and contact details of each employer representative for the licence holder;

(d)the date on which the licence came into force and its expiry date;

(e)details of any condition to which the licence is subject;

(f)any other prescribed matter.

(4)A person may search and take a copy of an extract from, or a copy of, the Register.

(5)The Wage Inspectorate Victoria may keep and publish the Register in any form that the Wage Inspectorate Victoria thinks fit.".

62Record keeping by employers

In section 18B(3)(b) of the Principal Act, for "permit" substitute "licence".

63Application of Worker Screening Act 2020

In section 19A(1) of the Principal Act, for "permit" substitute "licence".

64Contravention of conditions

In section 23(2) of the Principal Act, for "permit" substitute "licence".

65When may a child be employed in a family business?

In section 24(1) of the Principal Act, for "permit" substitute "licence".

66When may a child be employed in entertainment?

In section 27 of the Principal Act, for "permit" substitute "licence".

67Provisions that do not apply to employment in entertainment

In section 28(2) of the Principal Act, for "permit" substitute "licence".

68Part 3 substituted

For Part 3 of the Principal Act substitute—

"Part 3—Criminal liability of employer representatives and nominated officers

35Contravention of minimum age for employment

(1)A nominated officer for a licence holder commits an offence if—

(a)the licence holder engaged in conduct that would constitute a contravention of section 10(3); and

(b)the nominated officer—

(i)knew of, or knowingly authorised or permitted, the conduct; or

(ii)failed to take reasonable steps to prevent the conduct.

(2)A nominated officer who commits an offence against subsection (1) is liable to a penalty not exceeding 240 penalty units.

36   Contravention of employment of children during school hours 

(1)A nominated officer for a licence holder commits an offence if—

(a)the licence holder engaged in conduct that would constitute a contravention of section 11(1); and

(b)the nominated officer—

(i)knew of, or knowingly authorised or permitted, the conduct; or

(ii)failed to take reasonable steps to prevent the conduct.

(2)A nominated officer who commits an offence against subsection (1) is liable to a penalty not exceeding 240 penalty units.

36AContravention in relation to prohibited employment

(1)A nominated officer for a licence holder commits an offence if—

(a)the licence holder engaged in conduct that would constitute a contravention of section 12(1); and

(b)the nominated officer—

(i)knew of, or knowingly authorised or permitted, the conduct; or

(ii)failed to take reasonable steps to prevent the conduct.

(2)A nominated officer who commits an offence against subsection (1) is liable to a penalty not exceeding 240 penalty units.

36BContravention in relation to prohibited conduct in entertainment

(1)An employer representative for a licence holder commits an offence if—

(a)the licence holder engaged in conduct that would constitute a contravention of section 12A(1) or (3); and

(b)the employer representative—

(i)knew of, or knowingly authorised or permitted, the conduct; or

(ii)failed to take reasonable steps to prevent the conduct.

(2)An employer representative who commits an offence against subsection (1) is liable to a penalty not exceeding 240 penalty units.

36CContravention of licence conditions

(1)An employer representative or a nominated officer for a licence holder commits an offence if—

(a)the licence holder engaged in conduct that would constitute a contravention of section 18(5); and

(b)the employer representative or the nominated officer—

(i)knew of, or knowingly authorised or permitted, the conduct; or

(ii)failed to take reasonable steps to prevent the conduct.

(2)An employer representative or a nominated officer who commits an offence against subsection (1) is liable to a penalty not exceeding 120 penalty units.

36DContravention of adequate supervision of children in employment

(1)An employer representative or a nominated officer for a licence holder commits an offence if—

(a)the licence holder engaged in conduct that would constitute a contravention of section 19(1); and

(b)the employer representative or the nominated officer—

(i)knew of, or knowingly authorised or permitted, the conduct; or

(ii)failed to take reasonable steps to prevent the conduct.

(2)An employer representative or a nominated officer who commits an offence against subsection (1) is liable to a penalty not exceeding 240 penalty units.

36EContravention of condition of employment

(1)An employer representative or a nominated officer for a licence holder commits an offence if—

(a)the licence holder engaged in conduct that would constitute a contravention of section 23(1); and

(b)the employer representative or the nominated officer—

(i)knew of, or knowingly authorised or permitted, the conduct; or

(ii)failed to take reasonable steps to prevent the conduct.

(2)An employer representative or a nominated officer who commits an offence against subsection (1) is liable to a penalty not exceeding 120 penalty units.

36FContravention of the mandatory code

(1)An employer representative or a nominated officer for a licence holder commits an offence if—

(a)the licence holder engaged in conduct that would constitute a contravention of section 32; and

(b)the employer representative or the nominated officer—

(i)knew of, or knowingly authorised or permitted, the conduct; or

(ii)failed to take reasonable steps to prevent the conduct.

(2)An employer representative or a nominated officer who commits an offence against subsection (1) is liable to a penalty not exceeding 120 penalty units.

36GContravention of directions

(1)An employer representative or a nominated officer for a licence holder commits an offence if—

(a)the licence holder engaged in conduct that would constitute a contravention of section 43A(2); and

(b)the employer representative or the nominated officer—

(i)knew of, or knowingly authorised or permitted, the conduct; or

(ii)failed to take reasonable steps to prevent the conduct.

(2)An employer representative or a nominated officer who commits an offence against subsection (1) is liable to a penalty not exceeding 120 penalty units.

36HContraventions in relation to producing documents and giving information

(1)An employer representative or a nominated officer for a licence holder commits an offence if—

(a)the licence holder engaged in conduct that would constitute a contravention of section 47(1) or (2); and

(b)the employer representative or the nominated officer—

(i)knew of, or knowingly authorised or permitted, the conduct; or

(ii)failed to take reasonable steps to prevent the conduct.

(2)An employer representative or a nominated officer who commits an offence against subsection (1) is liable to a penalty not exceeding 120 penalty units.

36IEmployer representatives or nominated officers may commit offences regardless of whether licence holders prosecuted

An employer representative or a nominated officer for a licence holder may be prosecuted for or convicted or found guilty under a provision in this Part whether or not the licence holder has been prosecuted for or convicted or found guilty of a contravention of an offence referred to in that provision.".

69When may powers be exercised?

In section 41(1)(a) of the Principal Act, for "permit" substitute "licence or an application to renew or vary a licence".

70Power of entry

(1)In section 42(1)(a) of the Principal Act, for "permit" substitute "licence or an application to renew or vary a licence".

(2)In section 42(1)(c)(i) of the Principal Act, for "permit" substitute "licence or an application to renew or vary a licence".

71Powers on entry

In section 43(d)(i) of the Principal Act, for "permit" substitute "licence or an application to renew or vary a licence".

72Power to require information or documents

In section 44(1A)(a) of the Principal Act, for "permit" substitute "licence or an application to renew or vary a licence".

73Effect of compliance notice

For section 46D(4) of the Principal Act substitute—

"(4)In this section—

enforcement action means the variation, suspension or cancellation of the person's licence by the Wage Inspectorate Victoria.".

74Additional compliance functions of the Wage Inspectorate Victoria

In section 51A(c) and (d) of the Principal Act, for "permit" substitute "licence".

75Regulations

In section 53(1) of the Principal Act—

(a)in paragraph (ad), for "permit or supplementary permit" substitute "licence or renewal of a licence";

(b)after paragraph (af) insert—

"(ag)prescribing information for the purposes of applications for licences, including information about the types or categories of work to be undertaken by children;".

76Consequential amendment of Education and Training Reform Act 2006

In section 5.4.11(3) of the Education and Training Reform Act 2006, for "permit" substitute "licence".

77Consequential amendment of Child Wellbeing and Safety Act 2005

In Schedule 1 to the Child Wellbeing and Safety Act 2005, in item 41, for "permit" substitute "licence".

Part 4—Transitional and savings provisions

78New division headings inserted in Part 6

(1)Before section 54 of the Principal Act insert—

"Division 1—Child Employment Amendment Act 2010".

(2)After section 55 of the Principal Act insert—

"Division 2—Industrial Relations Legislation Amendment Act 2021".

79New Division 3 of Part 6 inserted

After section 56 of the Principal Act insert—

"Division 3—Child Employment Amendment Act 2022

57Information and documents required

(1)This section applies if—

(a)a notice was given to a person under section 44, as in force immediately before the commencement of section 34 of the Child Employment Amendment Act 2022; and

(b)the person to whom the notice was given has not complied with the notice before that commencement.

(2)The person must, within the period specified in the notice—

(a)give an authorised officer any information required by the child employment officer who gave the notice; and

(b)produce to an authorised officer any document required by the child employment officer who gave the notice.

(3)An authorised officer may inspect, and make copies or take extracts from, a document produced to the authorised officer under subsection (2).

58Retention of documents

(1)This section applies if—

(a)a child employment officer retained a document under section 45, as it was in force immediately before the commencement of section 35 of the Child Employment Amendment Act 2022; and

(b)the child employment officer did not return the document to the person otherwise entitled to its possession before that commencement.

(2)An authorised officer may retain the document for the period necessary for the purpose of performing the authorised officer's functions and exercising the authorised officer's powers.

(3)During the period that the authorised officer retains the document under subsection (2), the authorised officer must permit the person otherwise entitled to its possession to inspect it and to make copies of it or take extracts from it.

59Work experience arrangements

Section 5.4.11(3) of the Education and Training Reform Act 2006, as in force immediately before the commencement of section 45 of the Child Employment Amendment Act 2022, continues to apply in respect of a work experience arrangement that—

(a)began before that commencement; and

(b)has not finished before that commencement.

60Applications for permits that are on foot

(1)This section applies if—

(a)a person makes an application for a permit under Part 2, as that Part was in force immediately before the commencement of Part 3 of the Child Employment Amendment Act 2022; and

(b)before that commencement, the Wage Inspectorate Victoria did not grant the permit or refuse to grant the permit.

(2)This Act, as in force immediately before the commencement of Part 3 of the Child Employment Amendment Act 2022, continues to apply in respect of the application for the permit.

61Application of this Act to certain permits

(1)A permit granted on an application referred to in section 60—

(a)continues in force on and from the commencement of Part 3 of the Child Employment Amendment Act 2022 in accordance with its terms; and

(b)this Act, as in force immediately before that commencement, continues to apply in respect of the permit.

(2)An old permit that is in force immediately before the commencement of Part 3 of the Child Employment Amendment Act 2022—

(a)continues in force on and from that commencement in accordance with its terms; and

(b)this Act, as in force immediately before that commencement, continues to apply in respect of the permit.

(3)In this section—

old permit means a permit within the meaning of this Act, as this Act was in force immediately before the commencement of Part 3 of the Child Employment Amendment Act 2022.

62Compliance notices that are on foot

(1)This section applies if—

(a)the Wage Inspectorate Victoria issued a compliance notice before the commencement of Part 3 of the Child Employment Amendment Act 2022; and

(b)the date specified in the notice or, if the Wage Inspectorate Victoria has extended the date under section 46B(3), the extended date, is on or after that commencement.

(2)The compliance notice—

(a)continues in force on and from the commencement of Part 3 of the Child Employment Amendment Act 2022 in accordance with its terms; and

(b)this Act, as in force immediately before that commencement, continues to apply in respect of the compliance notice.

63Regulations dealing with transitional matters

(1)The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the amendment of this Act by the Child Employment Amendment Act 2022, including any repeals and amendments made by that Act.

(2)Regulations made under this section may—

(a)have a retrospective effect to a day on or from the date that the Child Employment Amendment Act 2022 receives the Royal Assent;

(b)be of limited or general application;

(c)differ according to differences in time, place or circumstances;

(d)leave any matter or thing to be decided by a specified person or class of persons;

(e)provide for the exemption of persons or proceedings or a class of persons or proceedings from any of the regulations made under this section.

(3)Regulations under this section have effect despite anything to the contrary—

(a)in any Act (other than the Child Employment Amendment Act 2022 or the Charter of Human Rights and Responsibilities Act 2006); or

(b)in any subordinate instrument.

(4)This section is repealed on the second anniversary of the day on which it comes into operation.".

Part 5—Repeal of this Act

80Repeal of this Act

This Act is repealed on 1 July 2024.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 12 May 2022

Legislative Council: 9 June 2022

The long title for the Bill for this Act was "A Bill for an Act to amend the Child Employment Act 2003 and the Education and Training Reform Act 2006 to make further provision in relation to the employment of children and to make consequential amendments to other Acts and for other purposes. "