Changes to “Working With Children” Laws in Victoria

From 1 July 2022, employers in Victoria must comply with changes to the legislation relating to the Working With Children Laws. Under these changes, any employer who employs a child under the age of 15 must have hold a current permit to “supervise” children via the “Working With Children Check” portal.

The following rules are in place which are to be read instead of the provisions of the relevant Federal Award (as they are more generous):

Is there a minimum age of employment in industries other than entertainment?

• There is a minimum age of 11 years for children delivering newspapers and advertising material, or making deliveries for a registered pharmacist.
• In other types of work, there is a minimum age of 13 years for employment in industries other than entertainment.
• There is no minimum age for children working in a family business.
• Despite popular opinion, 14 years and 9 months is not the minimum age of employment – to be employed without a permit, a child must be 15 years.

Under the Child Employment Act 2003, children can be employed for a maximum of three hours per day and 12 hours per week during school term and a maximum of six hours per day and thirty hours per week during school holidays. These hours are inclusive of rest breaks.

Children employed in industries other than entertainment must:

• receive a minimum rest break of 30 minutes for every three hours worked and at least 12 hours break between finishing one shift and commencing the next
• not be employed during school hours on a school day.

The above extract was copied from Business Victoria.

In order to obtain a “Working With Children Check” (WWCC) employers must apply here.

It is vital that every employer be aware that any person who is required to “supervise” a child (anyone under the age of 15) must have a current “Working With Children Check” or face significant fines. This means that if you have a senior staff member managing junior staff on weekends, that senior staff member must have a current WWCC.

If you are a small business (employing fewer than 20 employees), you can seek additional information about the new Working With Children Laws in Victoria here. Please feel free to call the NBIA Members Hotline 1300 557 022 or contact the Membership Officer if you require assistance in this area.

Please remember that this information is for Victorian Employers only and does not apply in any other Australian state or territory.