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1. Industrial Relations (Child Employment) Act 2006 (NSW)
2. Vicarious Liability
3. Super for the Self employed
4. Pregnancy at work
5. Discrimination: sex, race, age, disability and equal opportunities
6. WorkChoices: Personal carer's leave
7. Annual leave entitlements

Part 1: Preliminary

1.   Short title

This Act may be cited as the Child Employment Act 2006.

2.   Commencement

This Act, other than part 7,1 commences on 1 July 2006.

3.   Dictionary

The dictionary in the schedule defines particular terms used in this Act.

4.    Purpose of this Act

(1)    The purpose of this Act is to safeguard children working in Queensland.

(2)    This is to be achieved by—

(a)    ensuring that work does not interfere with children’s schooling; and

(b)    preventing children performing work that may be harmful to their health or safety or physical, mental, moral or social development.

5.   Children to whom this Act applies

This Act applies to all children.

Note—

The Acts Interpretation Act 1954, section 36 defines child, in this context, to mean an individual who is under 18.

6.   Meaning of parent of a child

(1)    A parent, of a child, is any of the following persons—

(a)    the child’s mother;

(b)    the child’s father;

(c)     a person who exercises parental responsibility for the child.

(2)    However, a person standing in the place of a parent of a child on a temporary basis is not a parent of the child.

(3)    A parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child.

(4)    A parent of a Torres Strait Islander child includes a person who, under Island custom, is regarded as a parent of the child.

(5)    Despite subsections (1), (3) and (4), if—

(a)     person is granted guardianship of a child under the hild Protection Act 1999; or

(b)    f paragraph (a) does not apply, a person who otherwise xercises parental responsibility for a child under a ecision or order of a federal court or a court of a State;

then a reference in this Act to a parent of a child is a reference only to a person mentioned in paragraph (a) or (b).

7.   Meaning of school-aged child

A school-aged child is a child who—

(a)    is under 16 years of age; and

(b)    is required to be enrolled for an educational program with a State educational institution or a non-State school under the Education (General Provisions) Act 1989.

Note—

A child may not be required to be enrolled for an educational program if the child is the subject of a dispensation granted under the Education (General Provisions) Act 1989, section 115.2

8.   Meaning of work in relation to a child

(1)    Work, in relation to a child, means—

(a)    work under a contract of service; or

(b)    work under a contract, whether or not the contract is a contract of service, or at piecework rates, to perform work, for labour only or substantially for labour only; or

(c)     work under a contract to perform work, whether or not the contract is a contract of service, unless the child—

(i)      is paid to achieve a stated result or outcome; and

(ii)     has to supply all, or substantially all, of the plant and equipment, or tools of trade, needed to perform the work; and

(iii)    is, or would be, liable for the cost of fixing a fault with the work performed; or

(d)    work under a contract, whether or not the contract is a contract of service, to perform work, unless a personal services business determination is in effect for the child under the Income Tax Assessment Act 1997 (Cwlth), section 87-60;3 or

(e)    work that includes the supervision of other workers, whether or not the child is known as a supervisor, leading hand or other title; or (f) participating or assisting in any business carried on for profit, whether or not the child receives payment or other reward for the child’s participation or assistance; or

(g) unpaid or voluntary work.

(2)    Work does not include the following—

(a)    domestic chores;

(b)    collections work;

(c)     work that is part of—

 (i)     work experience; or

(ii)     an apprenticeship; or

(iii)    a traineeship; or

(iv)    a vocational placement.

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