Children working

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The text for this topic is copyright Parenting SA, Government of South Australia.

Most parents are keen for their children to find employment once they have left school, and many are willing for their children to do casual work while they are still at school.

Some young people are in full time work before they are 18 but it is not unusual for children of compulsory school age (under 15 years in the ACT) to be involved in paid work at some point.

Children may work to earn pocket money or because they are interested in a particular activity or career. Sometimes they work because the family needs help with the family business or because it will add to the family income. Sometimes parents think it will help their children be better prepared for work when they are older.

Whatever the age of your child, it can be useful for you to be aware of what the law says about children working and to think about other things that might affect your child.

In the ACT a child as a person who is under 12 years old. A young person is 12 years old or older, but not yet an adult.

What sort of work do children do?

Children are employed in a range of activities, casual, part time and full-time work, including:

• family businesses such as shops, canteens, markets, farms
• newspaper delivery
• collecting newspaper accounts
• letterboxing
• supermarkets, local shops and fast food outlets
• ‘outwork’ (that is, work done outside of a factory setting, often in the home) for a variety of industries including clothing
• service stations
• modelling
• performing arts (including film, television, theatre)
• apprenticeships
• babysitting, gardening and car washing for family, neighbours and friends.

What does the law say?

There are several laws controlling children working.

• The Children and Young People Act 1999 states that employment must not interfere with the child’s education or is likely to prejudice the health, safety or personal or social development of the young child or the ability of the young child to benefit from his or her education or training.
• The Education Act 2004 states that it is against the law for anybody, including a parent, to let children of compulsory school age (under 15 years) be employed when they are supposed to be at school.
• People who employ children in jobs that prevent them from attending school may be fined.
• A person must not, except with the consent of the chief executive, employ a young child if the employment involves the child engaging in activities dangerous to the health or safety of the child.
• A young person can apply for a trade with the Defence Force from 16 years 9 months. To join under 18 years of age, parents’ consent is required.
• The law protects all children under 16 years of age from being involved in any behaviour that is indecent or requires the exposure of any part of the body for another person’s indecent interest.
• All other laws that apply to adult workers, such as occupational health and safety laws, apply just the same to child workers. Children, as employees, have the right to be safe at work.

Door-to-door selling

Children who are not properly supervised risk being assaulted, robbed or abused. For this reason door-to-door selling should never be done without adult supervision, and especially after dark.

If you are thinking about letting your child sell items door-to-door, be sure to ask yourself the following questions:

• how many hours will my child be expected to work?
• how much will my child get paid?
• how many breaks does my child get and for how long?
• will my child be supervised and if so how?
• how will my child get food and drink?
• where can my child go to the toilet?
• what will happen if my child gets ill while working?
• how far will my child be from home?
• is my child mature enough to deal with situations that he may come across outside of his experience?

Make a time to meet and talk with the supervisor.

Newspaper delivery/letterboxing

If your child is delivering as with door-to-door sales, it is important to think about your child’s safety.

Ask yourself the questions above and these as well:

• will my child be supervised and in what way?
• does my child know the route?
• is my child familiar with traffic safety rules?
• is my child’s bike safe and is the helmet in good condition? (The law says your child must wear a helmet).

Child actors

Acting in movies, television, advertisements and on the stage might seem like fun, but there is a lot of hard work involved. Children can spend long hours at work, often having to wait for lengthy periods to do their part. Work outdoors in the heat or cold, or with animals or with special effects can all add up to a dangerous or an uncomfortable work situation.

If your child is hired to act in film or television, a copy of the Film and Television Industry’s Safety Guidance Notes would be helpful. One chapter of this looks at special safety considerations for children working in this industry (see www.alliance.org.au for Industry Safety Codes).

Children on farms

Children who live or work on farms—or even visit them—can be exposed to a great number of risks. About a quarter of all fatal farm accidents involve children, while a number of other children have been badly hurt.

If your child is involved in farm work, or lives on a farm it’s a good idea to get a copy of the guide Safe Play Areas on Farms and Child Safety on Farms by contacting Farmsafe Australia on (02) 6752 8218 or www.farmsafe.org.au

Children up to 18 years

International standards related to the rights of workers aim to make sure that children who work are not abused, and that they have the opportunity to grow up as children before they become adult workers.

If you are a parent or employer of a child it is useful to consider the international standards that recommend the following:

• the minimum age for admission to employment that might risk the health, safety or morals of young people is not less than 18 years. However, such work may be permitted from 16 years if health, safety and morals are fully protected and if those concerned receive adequate instruction or vocational training.
• children (13–15 years) can be employed in light work, providing it is not harmful to health and development, and does not interfere with their attendance at school, or their capacity to benefit from instruction received.

No absolute minimum age is required for:

• work in relation to artistic performances
• children employed in family undertakings provided the work is not harmful, prejudicial or dangerous
• children who are pupils for vocational/technical education. Work done by children in this manner is part of their education, and is under the supervision of educational authorities. For work in industrial and other undertakings as part of vocational training, international standards recommend 14 years as the minimum age.

Children should not be involved in dangerous work, or work that might be harmful to their health or their physical, mental, spiritual, moral or social development.

Children mature at different rates and ages and have different talents and levels of enthusiasm. You need to take these things into account when deciding whether to allow your child to be involved in paid work.

For children under 16 years, work can be an educational and satisfying experience as well as providing them with their own income. It can be the beginning of important learning about the value of money, time management, different rules, getting on with others and the expectations of people outside of school and family.

• Make sure work is balanced with play, exercise, rest and study commitments.
• Work should not stop your child from enjoying and developing normally.
• Work shouldn’t become more important than school.
• Watch to make sure she isn’t too tired to do homework.

Ask yourself the following questions

• Will this work harm my child’s health or development?
• Will this work interfere with my child’s education or his capacity to benefit from the instruction provided?
• Will my child be safe?
• Does my child have the maturity to do this particular job?
• Will my child be paid fairly for work done?
• Does my child want to do this work?
• Am I satisfied that the child’s employer or supervisor will treat my child fairly?
• Do I know about my child’s rights at work or the laws to protect her?

Before your child begins make sure you are both clear and in agreement about what will happen with the money received from working.

For instance:

• Can she do what she likes with all the money or only part?
• Does she have to bank some?
• Does she have to buy certain things with it?

Each family will have different ways of dealing with this.

It may be wise to agree with your child that there should be a ‘trial period’ so that you can both measure the advantages and disadvantages.

Discuss with your child (if he decides to work)

• Will there be training in how to do the job safely? (Young people are more likely to be injured in the first few days of starting a new job.)
• What is the minimum wage for the type of work?
• How will he be paid? Some work places want to pay in cash and there may be no record of the hours your child has worked (for taxation purposes).
• How will he get to and from work and will this include catching public transport or working late at night?
• Is he aware of issues such as workplace cover and sexual harassment and what to do about it?
• As your child begins a new job, keep in touch with him about how he is finding it and help him talk about what he is required to deal with. (You may be able to help him handle issues which arise with suggestions from your own work experiences).

Reminders

You are responsible for making reasonable decisions for your child. If you have any doubts about how your child is being treated in the work place, talk to the Employee Ombudsman.

Reminders

• Children need time for play, exercise and rest. Don’t let work prevent your child from having the time and opportunity to enjoy being a child.
• Make sure working hours are balanced with your child’s educational, developmental and recreational needs.
• Don’t let work become more important than school. Leaving school too soon, or not doing well at school, can spoil your child’s chances for good, steady employment later.
• Sort out with your child before work begins, what will happen with the money.
• Protect your child from being exploited. It is unlikely that your child will know about his rights at work, or the laws that are in place to protect him. If you don’t know, find out.
• You are responsible for making reasonable decisions for your child. If you have any doubts about how your child is being treated in the work place, talk to the Employee Ombudsman.

Want more information?

ParentLink www.parentlink.act.gov.au

Parentline (9am–9pm Monday–Friday, except public holidays) 6287 3833

ACT Department of Education and Training www.det.act.gov.au 6207 7511

The Australasian Legal Information Institute (AustLII) ( provides free internet access to Australasian legal materials) www.austlii.edu.au

Care and Protection (24-hr) 1300 556 729

Child and Youth Health www.cyh.com

Department of Employment & Workplace Relations www.dewr.gov.au 6162 6000

Defence Force www.defencejobs.gov.au 13 19 01

Farmsafe NSW www.farmsafe.org.au 02 6752 8214

Film and television industry’s safety guidance notes www.alliance.org.au

Kids Helpline www.kidshelp.com.au 1800 55 1800

See other ParentLink guides

• What about parents’ rights
• Protect your child from paedophiles
• Living with teens

ACT Govt Publication No 07/0849 July 2007