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The objectives of these Regulations are—
to require an employer to keep and make available records in relation to the employment of a child; and
to prescribe infringement offences under the Act and penalties for those offences; and
to prescribe an occupier's consent form.
These Regulations are made under section 53 of the Child Employment Act 2003.
These Regulations come into operation on 26 May 2024.
The Child Employment Regulations 2014[1] are revoked.
In these regulations—
permit means a permit referred to in section 61 of the Act;
the Act means the Child Employment Act 2003.
For the purposes of section 42(5) of the Act, the prescribed form is the form set out in Schedule 1.
An employer must keep records in accordance with this regulation in relation to each child employed by the employer under a permit or licence.
Penalty: 10 penalty units.
The records must state—
the times the child started work and finished work each day of work; and
the hours the child worked each day and each week, and the start and finish time of any rest breaks taken during those days; and
the date the child started employment and the date the child ceased employment; and
each date the child worked.
The records in relation to a child must be kept for at least 12 months after the date on which the last entry was made in those records in relation to the child.
An employer must not alter a record in relation to a child, or allow such a record to be altered, except to correct an error.
An employer must—
correct any error in a record in relation to a child as soon as the employer becomes aware of that error; and
record the nature of the error with the correction.
A record kept under this regulation must—
be in a legible form in the English language; or
be in a form that is readily accessible and is convertible into a legible form in the English language.
Note
There are additional record keeping requirements in relation to a child's employment under section 18B of the Act.
An employer must make a copy of a record kept under regulation 7 available to—
the child to whom the record relates, on request from that child; or
a parent or guardian of the child, on request from that parent or guardian.
Note
Authorised officers have power to request these records under existing powers in sections 43(d) and 44(1) of the Act.
Following a request under subregulation (1), the employer must make the copy available—
if the record is kept at the premises where the child is or was employed, as soon as practicable after the request at those premises; or
in any other case, within 14 days after the request in a manner agreed between the employer and the person making the request.
For the purposes of section 45A of the Act, an offence specified in Column 2 of the Table in Schedule 2 is prescribed as an infringement offence.
For the purposes of section 45A(3) of the Act, the prescribed penalty for an infringement offence is—
in the case of a natural person, the infringement penalty specified in Column 3 of the Table in Schedule 2 in relation to the offence; and
in the case of a body corporate, the infringement penalty set out in Column 4 of the Table in Schedule 2 in relation to the offence.
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Child Employment Regulations 2024, S.R. No. 33/2024 were made on 21 May 2024 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 53 of the Child Employment Act 2003, No. 81/2003 and came into operation on 26 May 2024: regulation 3.
The Child Employment Regulations 2024 will sunset 10 years after the day of making on 21 May 2034 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
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