Working

Contributed by Anna Copeland, Alexa Morcombe, Stephen Walker and Judith Kenny and current to 1 September 2005

EMPLOYMENT

The School Education Act makes it unlawful to employ a child of compulsory school age during school hours.

Another restriction is contained under the Child Welfare Act 1947 (WA) which prevents a child under the age of 12 years from engaging in street trading. A child over 12 but under school leaving age engaging in street trading after 7.00pm or before 6.00am or during school hours also commits an offence unless he or she has a certificate exempting him or her from attending school on employment grounds.

These provisions will change, however, with the introduction of the Children and Community Services Act (ss.188-191). Under the new provisions a child over 10 but under 13 can carry out delivery work if accompanied by an adult or authorised adult, so long as it is between the hours of 6am and 7pm and not during school hours. A child over 13 but under 15 can do delivery work or work in a shop or restaurant between 6am and 10pm (and not during school hours) with written permission from their parent.

If the Director General of the Department of Family and Children’s Services is of the opinion that the welfare of the child is likely to be jeopardised he or she may give notice in writing prohibiting the child from street trading, or limiting the child’s hours of work. Under the new Act, the person who can form this opinion and give notice will be the Chief Executive Officer of the Department of Community Development.

There are also certain industrial awards and regulations governing some areas of employment which restrict the type of work people under 18 may perform. In each case, it will be necessary to check the particular award. This information can be obtained from the Department of Consumer and Employment Protection Relations (or the contact points listed in the EMPLOYMENT ).

SOCIAL SECURITY BENEFITS
See SOCIAL SECURITY ENTITLEMENTS.