Workforce Inspectorate Victoria (WIV) will be conducting inspections across hospitality venues—including restaurants, cafés and fast-food outlets—these summer school holidays to ensure businesses are complying with Victoria's child employment laws.
Employers who breach child employment laws risk penalties of more than $200,000.
Businesses hiring children under 15 must hold a child employment licence and follow strict conditions covering:
- The type of work children can perform
- Supervision requirements
- Maximum working hours
- Rest breaks
The rules differ between school terms and school holidays. During school holidays, children can work up to 6 hours per day and 30 hours per week.
WIV currently has two active prosecutions relating to alleged breaches of child employment laws before the courts.
WIV ran a compliance campaign during the September school holidays, inspecting 82 business and uncovering alleged breaches of child employment laws. Two investigations remain active.
Our findings highlight the importance of ongoing inspections to protect children from unsafe or unlawful work practices.
Quotes attributable to Lily Dekic, Deputy Commissioner, Workforce Inspectorate Victoria
"Summer holidays are a busy time for hospitality businesses, but that doesn't mean the rules can be overlooked. Our inspectors will be out across Victoria to make sure children are working safely and legally."
"Our audits earlier this year showed that breaches do occur. That's why we are stepping up inspections this summer, to make sure children are not put at risk and businesses are held accountable."
"Parents, schools and communities expect that when children take on holiday jobs, they will be safe. Compliance with child employment laws is how businesses meet that expectation."
Background
Hospitality work involves activities which may not be considered light work under the Child Employment Act 2003 (Vic). The sector presents significant occupational health and safety risks for children, including:
- Repetitive bending, twisting, or lifting
- Manual handling of heavy items such as boxes, crates or garbage bins
- Exposure to hot cooking surfaces, knives, and industrial equipment
- Strenuous physical exertion
- High customer volumes and rapid work pace
- Psychosocial risks such as customer aggression or inappropriate behaviour, which can affect mental wellbeing when workplace practices are inadequate.
Businesses hiring children under 15 must hold a child employment licence and comply with Child Safe Standards.
Workers under 15 must be supervised by someone who holds a valid Victorian Working with Children Clearance (unless exempt).
Child employment laws restrict when businesses can employ children and how long they can work:
- during a school term, children can be employed for a maximum of 3 hours a day and 12 hours per week and cannot work during school hours
- during school holidays, children can be employed up to 6 hours a day and 30 hours a week
- children can only work between 6am and 9pm.
Children must also receive a 30-minute rest break after every 3 hours work and have at least 12 hours break between shifts.
