Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Children and Young Persons (Care and
Protection) Act 1998:

(a) to extend the existing safeguards relating to the employment of children aged
under 15 years to children aged 15 years and over (but under 16 years) who are
employed as models, and

(b) to increase the maximum penalty for certain offences in relation to the
employment of children from 10 penalty units to 100 penalty units (currently
$11,000).

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days to be
appointed by proclamation.

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Explanatory note page 2

Children and Young Persons (Care and Protection) Amendment (Children’s Employment) Bill
2009
Explanatory note
Schedule 1 Amendment of Children and Young
Persons (Care and Protection) Act 1998
No 157
Chapter 13 of the Children and Young Persons (Care and Protection) Act 1998 (the
principal Act) requires a person who employs a child under the age of 15 years to
hold an employer’s authority issued by the Minister for Community Services in
certain circumstances. Schedule 1 [1] amends the definition of child in that Chapter
so that this requirement, and the other requirements of the Chapter, extend to all
children under the age of 16 years when employed as models.

Section 223 of the principal Act provides for various offences relating to children’s
employment, including employing a child in contravention of a condition of an
employer’s authority. Schedule 1 [2] increases the maximum penalty for these
offences from 10 penalty units to 100 penalty units (currently $11,000).

Schedule 1 [3] provides for the making of savings and transitional regulations
consequent on the enactment of the proposed Act.

Schedule 1 [4] inserts a transitional provision consequent on the enactment of the
proposed Act.

Schedule 2 Amendment of Children and Young
Persons (Care and Protection—Child
Employment) Regulation 2005
The Children and Young Persons (Care and Protection—Child Employment)
Regulation 2005 contains a Code of Practice that an employer is required to comply
with as a condition of an employer’s authority. Schedule 2 makes a consequential
amendment to the Code of Practice to extend the restrictions on the times of work for
children aged between 8 and 15 years of age to children over 15 years of age (but
under 16 years of age) employed as models.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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