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Restrictions on school-aged or young children working

The following work restrictions apply only to the work of school-aged Glossary term and young children Glossary term.

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Age restrictions

The Child Employment Act 2006 (PDF, 619 kB), prohibits the employment of children below the ages specified in the Child Employment Regulations 2006 (PDF, 329 kB). This legislation came into effective 1 July 2006.

Generally the minimum age for employment is 13 years. This is lowered to 11 years where the child carries out supervised delivery work that involves delivering newspapers, advertising material or similar items between the hours of 6:00 am and 6:00 pm.

Maximum hours of work

School-aged children

The Act restricts employment of school-aged children outside of the hours stipulated by the Regulation. The Regulation differentiates between the hours that a school-aged child can work on a day when they are required to attend school and a day when they are not required to attend school.

On a school day a school-aged child can work a maximum of four hours. On a day when a school-aged child is not required to attend school they can work a maximum of eight hours.

A distinction is also made between the maximum hours a school-aged child can work during a school week and a non-school week. A school week is a week, commencing on a Sunday, when the child is required to attend school on any day of that week. During a school week a school-aged child can work a maximum of 12 hours. During a non-school week a school-aged child can work a maximum of 38 hours.

Unless an industrial instrument Glossary term provides otherwise a school-aged child must be given at least a one hour break after the end of the fourth hour.

Young children

A young child can work up to four hours a day and 12 hours per week.

Maximum allowable hours of work for school-aged and young children are:

 
On a school day
On a non-school day
During a school week *
During a non-school week
School-aged children
4
8
12
38
Young child
Not Applicable
4
Not Applicable
12

* A school week is a week commencing on a Sunday, when the child is required to attend school on any day of that week.

Note: The Act makes it an offence for an employer to require or permit a school-aged child to perform work when they are required to attend school. A parent commits an offence under the Education General Provisions Act 1989 if he/she allows a child to work when they are required to be at school.

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Shifts

Unless an industrial instrument provides otherwise, a school-aged or young child must not work more than one shift on a single day.

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Breaks

Unless an industrial instrument provides otherwise, a school-aged child must be given at least one hour break after the end of the fourth hour.

A school-aged or young child must have a 12 hour break after completing work with an employer before starting work again, with the same employer.

Shifts per day
Break during shift
Break between shifts
1
1 hour after the end of the fourth hour
12 hours

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Prohibited Hours

In addition to the prohibition on employing school-aged children when they are required to be at school, a school-aged or young child must not work between the hours of 10:00 pm and 6:00 am. A further restriction prohibits children between the ages of 11 and 13 years from carrying out delivery work between the hours of 6:00 pm and 6:00 am.

Application
Prohibited hours
School-aged and young children
Between 10:00 pm and 6:00 am
Children between the ages of 11 and 13 years carrying out delivery work Between 6:00 pm and 6:00 am

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Supervision

The Regulation provides that school-aged or young children involved in delivery work or the exchange of money must be appropriately supervised by an adult and must have an adult near to, and in regular contact, with the child.

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Exemptions

The restrictions upon age, hours, shifts and breaks listed above do not apply to children working in a family business Glossary term or in the entertainment industry. A separate mandatory Code of Conduct will apply to the employment of children working in the entertainment industry.

The restrictions upon the age when children may work do not apply in the case of voluntary work, but all other restrictions do apply.

Restrictions when a regulation states a child may not work, do not apply if:

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More on young workers




See also ...

Youth rights and stuff at work brochure