Industrial Relations (Child Employment) Regulation 2006 (NSW)

Part 1Preliminary1Name of Regulation

This Regulation is the Industrial Relations (Child Employment) Regulation 2006.

2Commencement

This Regulation commences on 1 December 2006.

3Definitions(1)

In this Regulation:

the Act means the Industrial Relations (Child Employment) Act 2006.

(2)

Notes included in this Regulation do not form part of this Regulation.

Part 2Records relating to child employment4Manner and form of keeping records: section 7 (2) of Act(1)

For the purposes of section 7 (2) of the Act, records must be:

• (a)

  in legible form in the English language, or

• (b)

  in computerised or other form that is readily accessible and is convertible into a legible form in the English language.

(2)

For the purposes of enabling an inspector or other person to exercise any power conferred by the Act to inspect any records kept in the form referred to in subclause (1) (b), the relevant part of the records are to be converted into legible form in the English language.

5Transfer of records to successor employers(1)

In this clause:

transfer of business means the transfer, transmission, conveyance, assignment or succession, whether by agreement or by operation of law, of the whole or any part of a business, undertaking or establishment.

transferred child employee means a child to whose employment section 4 of the Act applies who becomes an employee of an employer (the new employer) as a result of the transfer of business to that employer from another employer (the former employer).

(2)

The former employer must transfer to the new employer all records relating to the transferred child employee that, at the date of transfer, the former employer is required to keep under section 7 of the Act.

(3)

The new employer is to keep those transferred records as if they had been made by the new employer at the time they were made by the former employer.

(4)

The former employer is required to keep a copy of the transferred records for a period of at least 6 years after those records were made.

(5)

The new employer is not required to make records of anything occurring in the course of the transferred child employee’s employment with the former employer.

Part 3General6Penalty notice offences and penalties(1)

For the purposes of section 396 of the Industrial Relations Act 1996 (as applied to and for the purposes of Part 2 of the Act by section 16 of the Act):

• (a)

  each offence created by a provision specified in Column 1 of Schedule 1 is an offence for which a penalty notice may be served, and

• (b)

  the penalty prescribed for each such offence is the amount specified opposite the provision in Column 2 of the Schedule.

(2)

If the reference to a provision in Column 1 of Schedule 1 is qualified by words that restrict its operation to specified kinds of offences, an offence created by the provision is a prescribed offence only if it is an offence of a kind so specified or committed in the circumstances so specified.

7Appeals to Industrial Court(1)

An appeal to the Industrial Court of New South Wales against the issue of a compliance notice is to be made in accordance with the rules made under section 185 of the Industrial Relations Act 1996 with any necessary modifications.

(2)

Despite the rules referred to in subclause (1), an appeal to the Industrial Court of New South Wales against the issue of a compliance notice may not be made more than 21 days after the date of issue of the notice.

Schedule 1Penalty notice offences

(Clause 6)

Column 1	Column 2
Provision	Penalty
Offences under the Act
Section 6	$220
Section 7 (5)	$220
Section 11	$220