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Changes to the Child Employment Act (Victoria)

By Anna Grogan - Associate Solicitor

 

Child Employment laws are already in place in Victoria, but these laws will change from 1 July 2023. The changes will be broadly applicable, affecting everyone from small not-for-profits and family businesses to large corporations.


If you employ children (under 15 years of age) in Victoria, you need to be aware of these upcoming changes to the licensing system, designed to make processes more streamlined.

It is also important to note, that on 1 July 2022, a new set of Child Safe Standards for employing children safely came into effect. These standards replace the previous standards which were introduced in 2016.

Here’s what you need to know:



New Child Safe Standards (1 July 2022):

There are now eleven mandated standards, previously there were seven. The major new requirements relate to the involvement of the community and families to keep children safe; an increased focus on the safety of Aboriginal children; managing the risk of child abuse online and improving and simplifying the systems and processes to protect our young people. More information can be found here: Short Guide to the Child Safe Standards.


Employing Children – (changes to take effect from 1 July 2023):

If your organisation employs children under the age of 15, you must:

1. Ensure your compliance with the Child Safe Standards, and

2. Obtain a child employment permit.


Penalties apply for breach of the Child Employment Act, and from 1 January 2023, the Victorian Wage Inspectorate will have additional compliance and enforcement tools. In certain circumstances, the Wage Inspectorate may vary or cancel a child employment permit, issue a warning letter, bring prosecution for offences and take other steps to ensure compliance. Click on this link for more information Compliance and Enforcement Policy (September 2021).

Why Nevin Lenne Gross?


Our team of experienced lawyers can:

  • Provide advice on risk mitigation in child employment;

  • Answer questions about potential breaches of the Child Safe Standards or non-compliance with child employment laws; and

  • Provide advice about policies and practices to ensure your organisation complies with the Child Safe Standards.

Please contact our office should you have any questions about what is currently required to ensure you comply with the Child Safe Standards. We can assist you to work through what steps, if any, you need to take to prepare for the new requirements.

Our team are happy to chat with you (first consultation is free)



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