The owner of a business supplying canteen services to community sports clubs has been served with 139 criminal charges in the Magistrates’ Court of Victoria over alleged breaches of Victoria’s child employment laws.
The state’s child employment watchdog, Wage Inspectorate Victoria, alleges that between 3 June and 10 September 2023, the owner contravened the Child Employment Act 2003 by employing:
- 10 children without a permit or licence on 64 occasions
- 3 children below the minimum age of employment on 19 occasions
- 10 children for more than 3 hours a day during the school term on 56 occasions.
The maximum penalty for a person employing a child without a permit and for employing a child below the minimum age of employment was $11,095 in the 2022-23 financial year, but this increased to $46,154 in 2023-24 following amendments to the law, which saw a licensing system replace permits.
The maximum penalty for a person employing a child to work for more hours than they are permitted was $22,190 in the 2022-23 financial year and $23,711 in the 2023-24 financial year.
The matter is listed for mention in the Melbourne Magistrates’ Court on Monday, 5 August 2024.
The Wage Inspectorate will make no further comment while the matter is before the court.
Background
Victoria’s child employment laws help protect kids under 15 from work that could harm their health or wellbeing. It helps ensure the employer understands workplace risks and has measures in place to help keep young people safe.
A child must be 11 to deliver newspapers and advertising material and 13 to do other types of work, such as in retail and hospitality.
Businesses usually need a child employment licence to employ someone under 15, whether the work is paid or voluntary. Employing a child without a licence is a crime and may be penalised.
Child employment laws restrict when businesses can employ children and how long they can work:
- during a school term, children can be employed for a maximum of 3 hours a day and 12 hours a week
- during school holidays, children can be employed up to 6 hours a day and 30 hours a week
- children can only work between 6am and 9pm.
Children must also receive a 30-minute rest break after every 3 hours work and have at least 12 hours break between shifts.
A prosecution is the Wage Inspectorate’s most serious compliance tool and decisions to take legal action are made in line with its Compliance and Enforcement Policy.
Contact details:
Anna Basil-Jones
0428 627 002