On this website — 'Child and young person' or 'children and young people' means a child or young person who is under 18 years of age, unless otherwise defined by law or noted.
The National Principles
In Australia, the National Principles for Child Safe Organisations (the National Principles) is a best practice guide for how to approach child safety within an organisation or business.
The 10 principles aim to make sure that any organisation providing services or facilities for children, engaging children and young people as workers or volunteers or where adults have contact with children in the organisation, is able to provide children and young people with a safe and inclusive environment, and prevent and minimise abuse or the risk of harm.
Creative Workplaces strongly encourages all organisations engaging with children in the creative industry to strive to comply with the National Principles.
The National Principles for Child Safe Organisations
- Child safety and wellbeing is embedded in organisational leadership, governance and culture.
- Children and young people are informed about their rights, participate in decisions affecting them and are taken seriously.
- Families and communities are informed and involved in promoting child safety and wellbeing.
- Equity is upheld and diverse needs respected in policy and practice.
- People working with children and young people are suitable and supported to reflect child safety and wellbeing values in practice.
- Processes to respond to complaints and concerns are child focused.
- Staff and volunteers are equipped with the knowledge, skills and awareness to keep children and young people safe through ongoing education and training.
- Physical and online environments promote safety and wellbeing while minimising the opportunity for children and young people to be harmed.
- Implementation of the national child safe principles is regularly reviewed and improved.
- Policies and procedures document how the organisation is safe for children and young people.
Child Safe Standards
In addition to the National Principles, most states and territories in Australia have developed Child Safe Standards. These are broadly consistent with (and, in some jurisdictions, expand on) the National Principles, including in Victoria, New South Wales, Queensland, Tasmania and the Australian Capital Territory.
The Child Safe Standards are mandatory for certain types of organisations. They apply to some, but not all, organisations in the creative industry. Whether the Child Safe Standards apply to an organisation will depend on:
- the state or territory that they operate in, and
- the type of work that an organisation does.
All organisations need to carefully consider whether the Child Safe Standards apply to them — particularly if the organisation is:
- is a religious body, school, accommodation provider or camp provider
- provides coaching or tuition services for children (including in music, art, dance and other art forms) and/or
- provides commercial services to children (such as entertainment services).
Child safety for government organisations
Australian Government entities should also be aware of the Commonwealth Child Safe Framework. This sets minimum standards for creating and maintaining a child safe culture and practices.
Visit the National Office for Child Safety to learn if this applies to your workplace.
State and territory employment laws
Each state and territory has laws that apply to children and young people. These are in addition to employment laws that already apply to all employers and employees. Learn more about employee minimum pay and conditions and junior rates. Organisations must make sure they understand the laws that apply where they are.
The Fair Work Ombudsman’s national guide to employing young workers explains the advantages of taking the best practice approach.
This section highlights some important things to be aware of, but we encourage organisations to review the full list of obligations relevant to their jurisdiction. Breaches of these obligations carry financial penalties for organisations, and in some circumstances, can amount to criminal offences, for example, breaches of occupational health and safety legislation.
Australian Capital Territory
There is no minimum age to work in the ACT, but employers must follow the Children and Young People Employment Standards.
Children from 15 to 17 years of age must not:
- work during school hours
- take on work that will get in the way of their education.
For children under 15 years of age, work must. among other requirements:
- be light work — work that suits the physical and emotional maturity of that young person
- be no more than 10 hours a week (and one shift a day) in total and no more than:
- 3 hours a day for under 3 years of age
- 4 hours a day for children between 4 and 12 years of age.
- 6 hours a day for young people between 12 and 14 years of age.
- have a break of at least 12 hours between shifts
- have adequate supervision and work safety standards
- not be high risk. For example, work involving dangerous machinery, service of alcohol or nudity.
Employers must have consent from:
- the young worker
- their parent or guardian.
You can find a full list of obligations in the Children and Young People Employment Standards.
All other laws and regulations that cover employing adults also apply to workers under 18.
Learn more about employing young people in the ACT
New South Wales
There is no minimum age for employment in NSW, but there are responsibilities that employers, parents and carers need to be aware of.
Many arts and culture organisations must hold an authority to employ children. More information can be found through the Office of the Children’s Guardian.
A child must not:
- work more than 1 shift a day
- work more than 5 days in a row
- work more than 4 hours on a school day (and outside of school hours only)
- work after 9pm.
Working children must have:
- a 1 hour break every 4 hours
- a 12 hour break between shifts
To work during school hours, you need to have completed grade 10 or higher.
Employers who want to employ a child in entertainment or modelling must have the right to employ children. The Office of the Children’s Guardian regulate work of babies, children and young people as models and actors. There are specific requirements for employing young people in these roles.
Learn more about child employment in NSW & the Fair Work System.
New South Wales has also legislated the Child Safe Standards which may apply to certain arts and culture organisations.
Victoria
The minimum working age in Victoria is 13 years old (11 years old for newspaper delivery).
There are child employment laws in place to protect working children, whether paid or volunteer.
Employers must have a licence to employ someone under 15, even for voluntary work. Learn more about child employment licenses.
There are no age limits for young people working in entertainment, but there are industry-specific requirements that need to be followed when employing children under 15.
The number of hours a child can work depends on if its school term or school holidays. A child can work:
- 3 hours per day, and 12 hours per week during school term.
- 6 hours per day and 30 hours per week during school holidays.
A child must:
- only work between 6am and 9pm
- not work during school hours
- have a 30 minute break every 3 hours
- have a 12 hour break between shifts.
Learn more about employing children under 15 years old.
Victoria's online learning module for employers helps them to meet industry specific requirements and a mandatory code of practice for employing a child under 15 in entertainment.
Victoria has Child Safe Standards that require organisations to embed child safety in their day-to-day operations. This helps keep children safe from physical, sexual, emotional and psychological abuse and neglect.
In addition to the 10 principles of the Child Safe Standards, Victoria has legislated an eleventh standard requiring organisations establish a culturally safe environment in which the diverse and unique identities and experiences of Aboriginal children and young people are respected and valued. Learn more about culturally safe workplaces.
Queensland
The minimum working age in Queensland is 13 years old (or 11 for some work, such as delivering advertising leaflets).
Children cannot work:
- more than 12 hours during a school week
- more than 38 hours during a non-school week.
A child under the age of 5 must not work:
- more than 12 hours per week, or
- 4 hours a day.
No child should work between the hours of 10 pm and 6 am.
All children must receive:
- a 1-hour break (at least) every 4 hours
- a 12-hour break between shifts
Some rules are different in the entertainment industry. Learn more about employing children in the entertainment industry.
Learn more about children working in Queensland.
Queensland has also legislated the Child Safe Standards. Learn more about the Child Safe Standards in Queensland.
Northern Territory
Children aged 15 and over can work in a variety of roles if the work:
- is safe
- suitable for their age, and
- does not interfere with their education.
As a parent, carer or employer, allowing a child to take on work that interferes with their education is against the law. You could face fines or other consequences.
Children must not:
- work during school hours
- work between 10 pm and 6 am
- perform work in an unsafe environment
Children under 15 years of age can only work in limited roles, such as:
- babysitting
- helping in family businesses
- delivering newspapers.
Arts Law’s information on children in the creative process outlines legal issues that artists and organisations should consider before working with or using children in any part of the creative or artistic process.
Learn more about child safety in the Northern Territory.
Tasmania
There is no minimum age for working in Tasmania, but there are restrictions on the types of work children can do.
- Children aged 6 to 16 years old cannot work during school hours
- A child under 11 years of age cannot sell things in a public space
- Children aged 12 to 13 years old can only sell things in a public place between 5 am and 9 pm.
Learn more at WorkSafe Tasmania , including guidance for new and young workers.
Tasmania has also legislated the Child Safe Standards. Learn more about the Child and Youth Safe Standards in Tasmania.
Western Australia
The minimum age for employment in WA is 15 years old. Work is prohibited during school hours.
Children 10 to 12 years of age:
- are only allowed to work between 6 am and 7pm
- must be accompanied by a parent.
Children 13 to 14 years of age are only allowed to work between 6 am and 10 pm.
Learn more about when children can work in Western Australia.
South Australia
There is no minimum age for working in SA, but there are restrictions on the types of work children can do and when they can do it.
A child between the ages of 6 and 16 (compulsory school age) cannot:
- be employed during school hours or
- work hours that will affect their ability to partake in school (i.e. early mornings or late evening work).
Learn more about the minimum working age in SA.
Junior pay rates
A junior rate is a legal minimum rate of pay for young employees. It is normally a percentage of whatever the minimum legal adult rate would be.
Some awards and enterprise agreement, as well as minimum wages, have junior rates of pay for young employees.
If there are no junior rates in an award or agreement, young workers must be paid the same as adult employees.
Learn more about employee minimum wages and conditions.
More in this section:
Child safeguarding
Thera are important things to consider when working with and engaging children and young people in creative workplaces, including how to keep them safe and reporting obligations.
Online safety
There are extra things to consider when working with and engaging, children and young people in creative workplaces, including how to keep them safe online.
