The Children and Community Services Act 2004 regulates the employment of children under the age of 15 years in Western Australia.
These laws restrict the types of jobs and work children can be employed to do, and the hours they can work. These laws apply to Western Australian businesses in both the state and national industrial relations systems.
Children are considered to be employed if they perform work regardless of whether there is any form of payment (monetary or otherwise). ‘Volunteer’ work or a child helping out, such as working around the premises of a horse riding centre (whether in return for free or discounted riding lessons or otherwise) is illegal if the child is under 15 years old.
As long as the work does not prevent school attendance, children of any age can:
- work in a family business;
- perform professionally as an actor, musician, entertainer or in an advertisement; and
- work for charities and other not-for-profit organisations.
A family business means a business, trade or occupation carried on by a parent or other relative of the child. A relative of a child is the child’s grandparent, step parent, sibling, uncle or aunt, or cousin.
Children aged 10, 11 or 12
Are allowed to deliver newspapers, pamphlets or advertising material, but they:
- cannot work during school hours;
- cannot start work before 6.00am or finish later than 7.00pm; and
- must be accompanied at all times by a parent, or another adult who has written permission from a parent.
Children aged 13 and 14
Are allowed to:
- deliver newspapers, pamphlets or advertising material;
- work in a shop, fast food outlet, cafe, restaurant; or
- collect shopping trolleys from a retail outlet or adjacent area;
as long as:
- they have written permission from a parent;
- the job is outside school hours; and
- they do not start work before 6.00am or finish after 10.00pm.
Children aged 15 or older (of compulsory school age)
- Cannot work during school hours without appropriate approvals (see below); and
- do not require written permission from a parent.
The Department of Communities can issue a notice to an employer placing limits on what work a child is allowed to do, if it is considered that the work or the nature of the work carried out is harmful to the child’s wellbeing, including their health and safety. Such a notice can be issued in relation to the employment of any child under the age of 18 years.
There are restrictions on the serving of alcohol by people under 18 years of age. Please visit the Department of Local Government, Sport and Cultural Industries website.
Penalties
Penalties can be imposed on both the employer and parent if they allow a child to:
- do work that is not allowed or work outside the allowed hours for their age – fine of up to $24,000 or up to $120,000 for an incorporated employer;
- perform in an indecent, obscene or pornographic manner – up to 10 years imprisonment; or
- continue to work if the Department of Communities has issued a notice for the employment to cease because the work is harmful to the child – imprisonment for up to 3 years and a fine of up to $36,000 or $180,000 for an incorporated employer.
If there is doubt about a child’s age it is in the best interests of the employer to ask for proof, such as a birth certificate.
Employers should also keep a record of the time a child aged under 15 years started and finished work each day so they can demonstrate that children have not been employed in prohibited time periods.
Parental permission
Show moreAn employer may only employ a child aged 13 or 14 years if they have a parent’s written permission. A parent is a person who has responsibility for the long-term or the day-to-day care, welfare and development of the child.
An employer of a prospective employee aged 13 or 14 years should get obtain written parental permission to the child commencing work.
The penalty for contravening this requirement is a fine of up to $24,000 or $120,000 for a corporation.
A template parental permission form is available below to assist employers. There is no obligation to use this form. A copy of the relevant parental permission should be kept with the employee’s employment records.
Parental permission for employment of a child and template form (DOCX, 943KB)
Parental permission for employment of a child and template form (PDF, 344.44KB)
Employment of children during school hours
Show moreUnder the School Education Act 1999 a person must not employ a child of compulsory school age during the hours when the child is required to attend school or otherwise participate in an educational program of a school.
There are certain exceptions where a child can be working, or working and studying, if the child has been exempted from attending school. The school the child attends or the relevant regional education office can be contacted for more information.
For a child who is home schooled, there are no set school hours. A home schooled child may work outside of what would be considered normal school hours (for example starting work at a fast food business at 2pm). Any questions about school hours/school attendance should be referred to the local school or the person's local district education office.
