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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Child Employment Bill 2005
Queensland
Child Employment Bill 2005
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Purpose of this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Children to whom this Act applies . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Meaning of parent of a child . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Meaning of school-aged child. . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Meaning of work in relation to a child . . . . . . . . . . . . . . . . . . . . . . 8
Part 2 Restrictions to safeguard working children
9 Restrictions on work performed by children . . . . . . . . . . . . . . . . . 9
10 Authority needed before school-aged or young children can
work ......................................... 10
11 School-aged children must not work during school hours . . . . . . 11
12 Chief executive may authorise a child to do particular work. . . . . 12
13 Chief executive may prohibit a child doing particular work or
limit the work the child may do . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
14 Certificate or notice to be given or refusal advised . . . . . . . . . . . 15
15 Chief executive to give reasons if asked . . . . . . . . . . . . . . . . . . . 16
Part 3 Enforcement
Division 1 Functions of inspector
16 Inspector's functions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Division 2 Powers of inspectors
17 Inspector's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
18 Power to seize evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
19 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
20 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
21 Receipt for seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2
Child Employment Bill 2005
22 Forfeiture of seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
23 Return of seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
24 Access to seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 3 Proceedings
25 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
26 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Part 4 Appeals
27 Appeal from decision of the chief executive . . . . . . . . . . . . . . . . . 21
28 Nature of appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
29 Decision on appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
30 Appeal from decision of an Industrial Magistrates Court . . . . . . . 22
Part 5 General
31 Chief executive to consult with representative bodies about
guidelines for particular decisions . . . . . . . . . . . . . . . . . . . . . . . . 22
32 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
33 Executive officers must ensure corporation complies with Act. . . 23
34 Responsibility for acts or omissions of representatives . . . . . . . . 23
35 False or misleading statements to officials. . . . . . . . . . . . . . . . . . 24
36 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . 24
37 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
38 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
39 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Part 6 Amendment of Education legislation
Division 1 Amendment of Education (General Provisions) Act 1989
40 Act amended in this division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
41 Amendment of s 119 (Employment of children of compulsory
school age). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
42 Insertion of new pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Part 14 Declaratory provision for Child Employment
Act 2005
171 Further amendment, or repeal, of Education
(General Provisions) Regulation 2000 . . . . . . . . . . . . 26
Division 2 Amendment of Education (General Provisions) Regulation
2000
43 Regulation amended in this division. . . . . . . . . . . . . . . . . . . . . . . 27
44 Omission of s 20 (Hours during which child of age of
compulsory attendance not to be employed--Act, s 119) . . . . . . 27
Part 7 Amendment of Industrial Relations Act 1999
45 Act amended in this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
3
Child Employment Bill 2005
46 Amendment of s 13 (Payment for annual leave). . . . . . . . . . . . . . 27
47 Amendment of s 17 (Definitions for pt 2) . . . . . . . . . . . . . . . . . . . 27
48 Amendment of s 18 (Entitlement). . . . . . . . . . . . . . . . . . . . . . . . . 28
49 Replacement of s 29 (Extending period of parental leave). . . . . . 28
29 Extending period of parental leave by notice . . . . . . . 28
29A Extending period of parental leave by agreement . . . 29
29B Employee on parental leave may apply to work
part-time .............................. 29
29C Application for extension or part-time work . . . . . . . . 29
29D Employer to give proper consideration to application
for extension or part-time work . . . . . . . . . . . . . . . . . . 31
50 Amendment of s 33 (Employer's obligations) . . . . . . . . . . . . . . . . 32
51 Insertion of new ss 38A-38C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
38A Employer's obligation to advise about significant
change at the workplace . . . . . . . . . . . . . . . . . . . . . . 32
38B Employee's obligations to advise employer about
particular changes . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
38C Review of ss 29A-29D . . . . . . . . . . . . . . . . . . . . . . . . 33
52 Replacement of s 39 (Entitlement) . . . . . . . . . . . . . . . . . . . . . . . . 34
39 Employee's entitlement to carer's leave . . . . . . . . . . . 34
39A Long term casual employee's entitlement to carer's
leave ................................. 35
39B Short term casual employee's entitlement to carer's
leave ............................... 35
39C Employees etc. to provide supporting information to
employer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
53 Amendment of s 40 (Entitlement). . . . . . . . . . . . . . . . . . . . . . . . . 37
54 Amendment of s 71A (Minimum period of notice required from
employee under particular instrument, federal award or federal
agreement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
55 Amendment of s 73 (When is a dismissal unfair) . . . . . . . . . . . . . 38
56 Amendment of s 350 (Appointment of inspectors) . . . . . . . . . . . . 38
57 Amendment of s 352 (Powers) . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
58 Insertion of new ch 20, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Part 5 Transitional provision for Child Employment
Act 2005
739 Provision for agreed extensions of parental leave . . . 39
59 Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 39
Schedule Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
2005
A Bill
for
An Act to safeguard children working in Queensland, and for
other purposes
s1 6 s5
Child Employment Bill 2005
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Child Employment Act 2005. 4
2 Commencement 5
This Act, other than part 7, commences on a day to be fixed
1
6
by proclamation. 7
3 Dictionary 8
The dictionary in the schedule defines particular terms used in 9
this Act. 10
4 Purpose of this Act 11
(1) The purpose of this Act is to safeguard children working in 12
Queensland. 13
(2) This is to be achieved by-- 14
(a) ensuring that work does not interfere with children's 15
schooling; and 16
(b) preventing children performing work that may be 17
harmful to their health or safety or physical, mental, 18
moral or social development. 19
5 Children to whom this Act applies 20
This Act applies to all children. 21
1 Part 7 (Amendment of Industrial Relations Act 1999)
s6 7 s7
Child Employment Bill 2005
1
Note--
2
The Acts Interpretation Act 1954, section 36 defines child, in this
3
context, to mean an individual who is under 18.
6 Meaning of parent of a child 4
(1) A parent, of a child, is any of the following persons-- 5
(a) the child's mother; 6
(b) the child's father; 7
(c) a person who exercises parental responsibility for the 8
child. 9
(2) However, a person standing in the place of a parent of a child 10
on a temporary basis is not a parent of the child. 11
(3) A parent of an Aboriginal child includes a person who, under 12
Aboriginal tradition, is regarded as a parent of the child. 13
(4) A parent of a Torres Strait Islander child includes a person 14
who, under Island custom, is regarded as a parent of the child. 15
(5) Despite subsections (1), (3) and (4), if-- 16
(a) a person is granted guardianship of a child under the 17
Child Protection Act 1999; or 18
(b) if paragraph (a) does not apply, a person who otherwise 19
exercises parental responsibility for a child under a 20
decision or order of a federal court or a court of a State; 21
then a reference in this Act to a parent of a child is a reference 22
only to a person mentioned in paragraph (a) or (b). 23
7 Meaning of school-aged child 24
A school-aged child is a child who-- 25
(a) is under 16 years of age; and 26
(b) is required to be enrolled for an educational program 27
with a State educational institution or a non-State school 28
under the Education (General Provisions) Act 1989. 29
s8 8 s8
Child Employment Bill 2005
1
Note--
2
A child may not be required to be enrolled for an educational program if
3
the child is the subject of a dispensation granted under the Education
4
(General Provisions) Act 1989, section 115.2
8 Meaning of work in relation to a child 5
(1) Work, in relation to a child, means-- 6
(a) work under a contract of service; or 7
(b) work under a contract, whether or not the contract is a 8
contract of service, or at piecework rates, to perform 9
work, for labour only or substantially for labour only; or 10
(c) work under a contract to perform work, whether or not 11
the contract is a contract of service, unless the child-- 12
(i) is paid to achieve a stated result or outcome; and 13
(ii) has to supply all, or substantially all, of the plant 14
and equipment, or tools of trade, needed to perform 15
the work; and 16
(iii) is, or would be, liable for the cost of fixing a fault 17
with the work performed; or 18
(d) work under a contract, whether or not the contract is a 19
contract of service, to perform work, unless a personal 20
services business determination is in effect for the child 21
under the Income Tax Assessment Act 1997 (Cwlth), 22
section 87-60;3 or 23
(e) work that includes the supervision of other workers, 24
whether or not the child is known as a supervisor, 25
leading hand or other title; or 26
(f) participating or assisting in any business carried on for 27
profit, whether or not the child receives payment or 28
other reward for the child's participation or assistance; 29
or 30
2 Education (General Provisions) Act 1989, section 115 (Dispensation from
compliance with compulsory enrolment and attendance provisions)
3 Income Tax Assessment Act 1997 (Cwlth), section 87-60 (Personal services business
determinations for individuals)
s9 9 s9
Child Employment Bill 2005
(g) unpaid or voluntary work. 1
(2) Work does not include the following-- 2
(a) domestic chores; 3
(b) collections work; 4
(c) work that is part of-- 5
(i) work experience; or 6
(ii) an apprenticeship; or 7
(iii) a traineeship; or 8
(iv) a vocational placement. 9
Part 2 Restrictions to safeguard 10
working children 11
9 Restrictions on work performed by children 12
(1) An employer must not require or permit a child to do work 13
prescribed under a regulation, unless-- 14
(a) the child is at least the age prescribed under the 15
regulation to do the work; or 16
(b) it is work the child is permitted to do under the 17
regulation. 18
Maximum penalty--100 penalty units. 19
(2) An employer must not require or permit a child to work in a 20
way a regulation states the child may not work. 21
Maximum penalty--100 penalty units. 22
(3) An employer must not require or permit a child to work when 23
a regulation states the child may not work. 24
Maximum penalty--100 penalty units. 25
(4) An employer must not require or permit a child to work unless 26
appropriately supervised by an adult. 27
Maximum penalty--100 penalty units. 28
s 10 10 s 10
Child Employment Bill 2005
1
Example--
2
If a child's work involves the exchange of money or delivery work,
3
appropriate supervision would include having an adult in the near
4
vicinity of, and in regular contact with, the child.
(5) An employer does not commit an offence against subsection 5
(1), (2), (3) or (4) if the child is permitted or authorised under 6
an Act or a special circumstances certificate to do the work, or 7
to work in the way, or when, a regulation states the child may 8
not work. 9
(6) Also, an employer does not commit an offence against 10
subsection (4) if, for particular work prescribed under a 11
regulation, the employer supervises the child in the way 12
prescribed under the regulation for the work. 13
14
Note--
15
See the Education (General Provisions) Act 1989, section 1194 for other
16
provisions restricting a school-aged child's ability to work.
10 Authority needed before school-aged or young children 17
can work 18
(1) An employer must not require or permit a school-aged or 19
young child to perform work unless the employer has-- 20
(a) a parent's consent form for the school-aged or young 21
child; or 22
(b) if the child is a school-aged child and does not have a 23
parent's consent form--a special circumstances 24
certificate authorising the school-aged child to perform 25
work when the school-aged child is not required to 26
attend school. 27
Maximum penalty--100 penalty units. 28
(2) Subsection (1) does not apply if-- 29
(a) the employer is a parent of the school-aged or young 30
child; or 31
(b) the school-aged or young child started work for the 32
employer before the commencement of this section. 33
4 Education (General Provisions) Act 1989, section 119 (Employment of children of
compulsory school age)
s 11 11 s 11
Child Employment Bill 2005
(3) In this section-- 1
parent's consent form, for a school-aged or young child, 2
means an approved form, signed by a parent of the 3
school-aged or young child, that includes-- 4
(a) the school-aged or young child's date of birth; and 5
(b) the name of the school-aged or young child's employer 6
or proposed employer; and 7
(c) a statement that the parent consents to the school-aged 8
or young child performing work for the employer; and 9
(d) for a school-aged child--information about when the 10
school-aged child is required to attend school. 11
11 School-aged children must not work during school hours 12
(1) An employer must not require or permit a school-aged child to 13
perform work when the school-aged child is required to attend 14
school-- 15
(a) as stated in the parent's consent form; or 16
(b) if the school-aged child does not have a parent's consent 17
form and is authorised to work under a special 18
circumstances certificate when the school-aged child is 19
not required to attend school--as stated in the special 20
circumstances certificate. 21
Maximum penalty--100 penalty units. 22
(2) A parent of a school-aged child who is performing work must, 23
within 14 days after becoming aware of a change in the hours 24
when the school-aged child is required to attend school, if the 25
parent consents to the school-aged child continuing in the 26
employment-- 27
(a) complete a parent's consent form; and 28
(b) give the parent's consent form to the school-aged child's 29
employer. 30
31
Note--
32
A failure to comply with subsection (2) is not an offence against this
33
Act. However, the Education (General Provisions) Act 1989, section
34
119 creates offences for parents, as defined under that Act, who permit a
35
school-aged child to be employed when the child is required to attend
s 12 12 s 12
Child Employment Bill 2005
1
school or who give false information to an employer about when the
2
child is required to attend school.
(3) Subsections (1) and (2) do not apply if the employer is a 3
parent of the school-aged child. 4
(4) It is enough for subsection (2) if 1 parent of the school-aged 5
child who consents to the school-aged child continuing in the 6
employment completes a parent's consent form and gives it to 7
the school-aged child's employer. 8
12 Chief executive may authorise a child to do particular 9
work 10
(1) A child, or an adult on the child's behalf, may apply to the 11
chief executive, in writing, for a certificate under this section 12
(special circumstances certificate) for the child. 13
(2) The application must-- 14
(a) state, in enough detail to allow the chief executive to 15
properly consider the application, what is sought to be 16
authorised by the special circumstances certificate; and 17
(b) if the child is a school-aged child, state when the child is 18
required to attend school; and 19
(c) be supported by-- 20
(i) a parent of the child, unless the child does not have 21
a parent or lives independently from his or her 22
parents; and 23
(ii) if the application is made by an adult--the child; 24
and 25
(iii) if the person making the application is not the 26
child's employer--the child's employer or 27
proposed employer; and 28
(iv) the information required under a regulation; and 29
(v) any other information the chief executive 30
reasonably requires to decide the application. 31
(3) A special circumstances certificate may authorise-- 32
(a) a child-- 33
s 12 13 s 12
Child Employment Bill 2005
(i) to do work a regulation states a child may not do; 1
or 2
(ii) to work in a way a regulation states a child may not 3
work; or 4
(iii) to work when a regulation states a child may not 5
work; or 6
(iv) to work without supervision by an adult; or 7
(v) if the child is a school-aged child who does not 8
have a parent or lives independently from his or her 9
parents--to work without having a parent's 10
consent form when the school-aged child is not 11
required to attend school; or 12
(b) an employer to permit a child-- 13
(i) to do work a regulation states a child may not do; 14
or 15
(ii) to work in a way a regulation states a child may not 16
work; or 17
(iii) to work when a regulation states a child may not 18
work; or 19
(iv) to work without supervision by an adult; or 20
(v) if the child is a school-aged child who does not 21
have a parent or lives independently from his or her 22
parents--to work without having a parent's 23
consent form when the school-aged child is not 24
required to attend school. 25
(4) The chief executive may grant a special circumstances 26
certificate for a child only if the chief executive is satisfied, on 27
reasonable grounds, that, having regard to the child's 28
particular circumstances, the work-- 29
(a) will not interfere with the child's schooling; and 30
(b) will not be harmful to the child's health or safety or 31
physical, mental, moral or social development. 32
(5) The chief executive may impose conditions on the special 33
circumstances certificate and may review the special 34
circumstances certificate at any time the chief executive 35
considers appropriate. 36
s 13 14 s 13
Child Employment Bill 2005
(6) A regulation may prescribe matters the chief executive must 1
take into account when considering whether to grant a special 2
circumstances certificate. 3
(7) An employer who requires or permits a child to work in 4
contravention of a special circumstances certificate granted 5
for the child commits an offence. 6
Maximum penalty for subsection (7)--100 penalty units. 7
13 Chief executive may prohibit a child doing particular work 8
or limit the work the child may do 9
(1) The chief executive may issue a signed notice (work 10
limitation notice) for a particular child or a particular 11
employer. 12
(2) The work limitation notice may-- 13
(a) prohibit-- 14
(i) a child doing stated work for an employer or 15
proposed employer the child would otherwise be 16
permitted to do; or 17
(ii) children doing stated work for a stated employer; 18
or 19
(b) impose limitations on work-- 20
(i) a child would otherwise be permitted to do for an 21
employer or proposed employer; or 22
(ii) children may do for a stated employer. 23
(3) The chief executive may issue a work limitation notice if the 24
chief executive reasonably believes work stated in the work 25
limitation notice-- 26
(a) may interfere with the schooling of a child or children 27
affected by the work limitation notice; or 28
(b) may be harmful to the health or safety or physical, 29
mental, moral or social development of a child or 30
children affected by the work limitation notice. 31
(4) The chief executive-- 32
(a) may issue a work limitation notice on application or on 33
the chief executive's own initiative; and 34
s 14 15 s 14
Child Employment Bill 2005
(b) must give an issued work limitation notice to the 1
employer or proposed employer affected by the work 2
limitation notice. 3
(5) However, the chief executive must not issue a work limitation 4
notice to an employer or proposed employer (the employer) 5
without first-- 6
(a) giving the employer written notice of the application or 7
proposal to issue a work limitation notice; and 8
(b) inviting the employer to make a written submission 9
about why the work limitation notice should not be 10
issued. 11
(6) A written submission mentioned in subsection (5) must be 12
given to the chief executive within 7 days after receiving the 13
notice or the further time the chief executive allows. 14
(7) The chief executive must consider a written submission made 15
under subsection (6). 16
(8) The chief executive may review a work limitation notice at 17
any time the chief executive considers appropriate. 18
(9) A regulation may prescribe matters the chief executive must 19
take into account when considering whether to issue a work 20
limitation notice. 21
(10) An employer who requires or permits a child to work in 22
contravention of a work limitation notice issued for the child 23
or employer commits an offence. 24
Maximum penalty for subsection (10)--100 penalty units. 25
14 Certificate or notice to be given or refusal advised 26
(1) If the chief executive decides to grant a special circumstances 27
certificate or to issue a work limitation notice, the chief 28
executive must give an affected person a copy of the special 29
circumstances certificate or the work limitation notice. 30
(2) If the chief executive decides not to grant a special 31
circumstances certificate, the chief executive must give an 32
affected person written notice of the decision. 33
(3) If the chief executive decides not to issue a work limitation 34
notice after receiving an application to issue the work 35
s 15 16 s 16
Child Employment Bill 2005
limitation notice, the chief executive must give written notice 1
of the decision to any affected person who applied for its issue 2
and the employer. 3
(4) In this section-- 4
affected person means-- 5
(a) a child affected by the special circumstances certificate 6
or work limitation notice; or 7
(b) if a parent of the child made the application--the parent; 8
or 9
(c) the child's employer or proposed employer; or 10
(d) another person who the chief executive reasonably 11
believes has a sufficient interest in the matter. 12
15 Chief executive to give reasons if asked 13
An affected person may ask the chief executive for an 14
information notice about the decision within 21 days after 15
being given notice of the decision. 16
Part 3 Enforcement 17
Division 1 Functions of inspector 18
16 Inspector's functions 19
An inspector's functions are-- 20
(a) to monitor compliance with this Act; and 21
(b) to investigate and, when necessary, take action to deal 22
with alleged contraventions of this Act; and 23
(c) to inform children, parents and employers of their rights 24
and obligations under this Act. 25
s 17 17 s 19
Child Employment Bill 2005
Division 2 Powers of inspectors 1
17 Inspector's powers 2
(1) When performing functions under this Act, an inspector has 3
all the powers of an inspector under the Industrial Relations 4
Act 1999. 5
(2) An inspector also has the powers stated in this division. 6
18 Power to seize evidence 7
(1) An inspector may seize a thing at a workplace the inspector 8
enters under this part or the Industrial Relations Act 1999 if 9
the inspector reasonably believes-- 10
(a) the thing is evidence of an offence against this Act; and 11
(b) the seizure is necessary to prevent the thing being 12
hidden, lost or destroyed or used to continue or repeat 13
the offence. 14
(2) Also, an inspector may seize a thing at a workplace the 15
inspector enters under this part or the Industrial Relations Act 16
1999 if the inspector reasonably believes the thing has just 17
been used in committing an offence against this Act. 18
19 Securing seized things 19
Having seized a thing, an inspector may-- 20
(a) move the thing from the workplace where it was seized 21
(the place of seizure); or 22
(b) leave the thing at the place of seizure but take reasonable 23
action to restrict access to it. 24
25
Examples of restricting access to a thing--
26
· sealing a thing and marking it to show access to it is
27
restricted
28
· sealing the entrance to a room where the seized thing is
29
situated and marking it to show access to it is restricted
s 20 18 s 22
Child Employment Bill 2005
20 Tampering with seized things 1
If an inspector restricts access to a seized thing, a person must 2
not tamper, or attempt to tamper, with the thing or something 3
restricting access to the thing without an inspector's approval. 4
Maximum penalty--40 penalty units. 5
21 Receipt for seized thing 6
(1) As soon as practicable after an inspector seizes a thing, the 7
inspector must give a receipt for it to the person from whom it 8
was seized. 9
(2) However, if for any reason it is not practicable to comply with 10
subsection (1), the inspector must leave the receipt at the place 11
of seizure in a conspicuous position and in a reasonably 12
secure way. 13
(3) The receipt must describe generally the thing seized and its 14
condition. 15
(4) This section does not apply to a thing if it is impracticable or 16
would be unreasonable to give the receipt, given the thing's 17
nature, condition and value. 18
22 Forfeiture of seized thing 19
(1) A seized thing is forfeited to the State if the inspector who 20
seized the thing-- 21
(a) can not find its owner, after making reasonable 22
inquiries; or 23
(b) can not return it to its owner, after making reasonable 24
efforts; or 25
(c) reasonably believes it is necessary to keep the thing to 26
prevent it being used to commit an offence against this 27
Act. 28
(2) Subsection (1)(a) does not require the inspector to make 29
inquiries if it would be unreasonable to make inquiries to find 30
the owner. 31
s 23 19 s 24
Child Employment Bill 2005
(3) Subsection (1)(b) does not require the inspector to make 1
efforts if it would be unreasonable to make efforts to return 2
the thing to its owner. 3
(4) If the inspector decides to forfeit a thing under subsection 4
(1)(c), the inspector must tell the owner of the decision and 5
the reasons for the decision by written notice. 6
(5) Subsection (4) does not apply if-- 7
(a) the inspector can not find its owner, after making 8
reasonable inquiries; or 9
(b) it is impracticable or would be unreasonable to give the 10
notice. 11
(6) Regard must be had to a thing's nature, condition and value in 12
deciding-- 13
(a) whether it is reasonable to make inquiries or efforts; and 14
(b) if making inquiries or efforts--what inquiries or efforts, 15
including the period over which they are made, are 16
reasonable. 17
23 Return of seized thing 18
(1) If a seized thing has not been forfeited, the inspector must 19
return it to its owner-- 20
(a) at the end of 6 months; or 21
(b) if a proceeding for an offence involving it is started 22
within 6 months, at the end of the proceeding and any 23
appeal from the proceeding. 24
(2) However, unless the thing has been forfeited, the inspector 25
must immediately return a thing seized as evidence to its 26
owner if the inspector stops being satisfied its continued 27
retention as evidence is necessary. 28
24 Access to seized thing 29
(1) Until a seized thing is forfeited or returned, an inspector must 30
allow its owner to inspect it and, if it is a document, to copy it. 31
(2) Subsection (1) does not apply if it is impracticable or would 32
be unreasonable to allow the inspection or copying. 33
s 25 20 s 26
Child Employment Bill 2005
Division 3 Proceedings 1
25 Proceedings for offences 2
(1) A prosecution for an offence against this Act must be by way 3
of summary proceedings before an industrial magistrate. 4
(2) A prosecution for an offence against this Act must be 5
commenced within the later of the following-- 6
(a) 1 year after the offence is committed; 7
(b) 6 months after the commission of the offence comes to 8
the complainant's knowledge, but within 2 years after 9
the commission of the offence. 10
(3) The Industrial Relations Act 1999 applies, with necessary 11
changes, in relation to a proceeding before an industrial 12
magistrate for a charge of an offence against this Act. 13
14
Note--
15
Under the Acts Interpretation Act 1954, section 7, in an Act, a reference
16
to an Act includes a reference to the statutory instruments made or in
17
force under the Act.
26 Evidentiary provisions 18
In a proceeding under this Act-- 19
(a) the appointment as inspector of a person claiming to be, 20
or stated to be, an inspector and the authority of an 21
inspector to take proceedings, or do any act, must be 22
presumed, until the contrary is proved; and 23
(b) a document appearing to be a copy of a special 24
circumstances certificate or work limitation notice 25
granted or issued by the chief executive under this Act is 26
evidence of what it states; and 27
(c) the authority of a person to accept service of a document 28
on behalf of another must be presumed in the absence of 29
evidence to the contrary. 30
s 27 21 s 29
Child Employment Bill 2005
Part 4 Appeals 1
27 Appeal from decision of the chief executive 2
(1) An affected person who is dissatisfied with a decision of the 3
chief executive may appeal against the decision to the 4
industrial commission. 5
6
Example for subsection (1)--
7
A person may be dissatisfied with a decision of the chief executive
8
because the person believes it was not made in accordance with the
9
guidelines mentioned in section 31(1).
(2) The Industrial Relations Act 1999 applies, with necessary 10
changes, in relation to the appeal. 11
(3) However, the appeal must be started-- 12
(a) if the person has asked for an information notice under 13
section 15--within 21 days after the person is given the 14
information notice; or 15
(b) otherwise--within 21 days after the person is given 16
notice of the decision. 17
(4) However, the industrial commission may extend the time for 18
starting an appeal. 19
(5) A defect in the information notice does not affect the person's 20
right to appeal against the decision. 21
28 Nature of appeal 22
(1) An appeal to the industrial commission is by way of rehearing 23
on the record. 24
(2) However, the industrial commission may hear evidence 25
afresh, or hear additional evidence, if the industrial 26
commission considers it appropriate to effectively dispose of 27
the appeal. 28
29 Decision on appeal 29
(1) The industrial commission may-- 30
(a) confirm the decision appealed against; or 31
s 30 22 s 32
Child Employment Bill 2005
(b) allow the appeal, set aside the decision being appealed 1
and substitute another decision; or 2
(c) allow the appeal and amend the decision; or 3
(d) allow the appeal, suspend the operation of the decision 4
and remit the matter, with or without directions, to the 5
chief executive to act according to law. 6
(2) Without limiting the industrial commission's powers under 7
the Industrial Relations Act 1999, in deciding the appeal the 8
industrial commission has the same powers as the chief 9
executive. 10
30 Appeal from decision of an Industrial Magistrates Court 11
A person who is dissatisfied with the decision of an Industrial 12
Magistrates Court in a proceeding for an offence against this 13
Act may appeal to the Industrial Court. 14
Part 5 General 15
31 Chief executive to consult with representative bodies 16
about guidelines for particular decisions 17
(1) The chief executive may issue guidelines for deciding whether 18
to grant a special circumstances certificate or to issue a work 19
limitation notice. 20
(2) When developing or reviewing guidelines under subsection 21
(1), the chief executive may consult with any entity the chief 22
executive reasonably believes may help in the achievement of 23
the purposes of this Act. 24
32 Protection from liability 25
(1) An official is not civilly liable for an act done, or omission 26
made, honestly and on reasonable grounds under this Act. 27
(2) If subsection (1) prevents a civil liability attaching to the 28
person, the liability attaches instead to the State. 29
s 33 23 s 34
Child Employment Bill 2005
33 Executive officers must ensure corporation complies 1
with Act 2
(1) The executive officers of a corporation must ensure the 3
corporation complies with this Act. 4
(2) If a corporation commits an offence against a provision of this 5
Act, each of the corporation's executive officers also commits 6
an offence, namely, the offence of failing to ensure the 7
corporation complies with the provision. 8
Maximum penalty--the penalty for the contravention of the 9
provision by an individual. 10
(3) Evidence that the corporation has been convicted of an 11
offence against a provision of this Act is evidence that each of 12
the executive officers committed the offence of failing to 13
ensure the corporation complies with the provision. 14
(4) However, it is a defence for an executive officer to prove 15
that-- 16
(a) if the officer was in a position to influence the conduct 17
of the corporation in relation to the offence, the officer 18
exercised reasonable diligence to ensure the corporation 19
complied with the provision; or 20
(b) the officer was not in a position to influence the conduct 21
of the corporation in relation to the offence. 22
(5) In this section-- 23
executive officer, of a corporation, means any person, by 24
whatever name called and whether or not the person is a 25
director of the corporation, who is concerned or takes part in 26
the management of the corporation. 27
34 Responsibility for acts or omissions of representatives 28
(1) This section applies in a proceeding for an offence against this 29
Act. 30
(2) If it is relevant to prove a person's state of mind about a 31
particular act or omission, it is enough to show-- 32
(a) the act was done or omitted to be done by a 33
representative of the person within the scope of the 34
representative's actual or apparent authority; and 35
s 35 24 s 36
Child Employment Bill 2005
(b) the representative had the state of mind. 1
(3) An act done or omitted to be done for a person by a 2
representative of the person within the scope of the 3
representative's actual or apparent authority is taken to have 4
been done or omitted to be done also by the person, unless the 5
person proves the person could not, by the exercise of 6
reasonable diligence, have prevented the act or omission. 7
(4) In this section-- 8
representative means-- 9
(a) for a corporation--an executive officer, employee or 10
agent of the corporation; or 11
(b) for an individual--an employee or agent of the 12
individual. 13
state of mind, of a person, includes-- 14
(a) the person's knowledge, intention, opinion, belief or 15
purpose; and 16
(b) the person's reasons for the intention, opinion, belief or 17
purpose. 18
35 False or misleading statements to officials 19
(1) A person must not state anything to an official the person 20
knows is false or misleading in a material particular. 21
Maximum penalty--40 penalty units. 22
(2) It is enough for a complaint for an offence against subsection 23
(1) to state the statement made was `false or misleading' to the 24
person's knowledge, without specifying which. 25
36 False or misleading documents 26
(1) A person must not give to an official a document containing 27
information the person knows is false or misleading in a 28
material particular. 29
Maximum penalty--40 penalty units. 30
(2) Subsection (1) does not apply to a person who, when giving 31
the document-- 32
s 37 25 s 39
Child Employment Bill 2005
(a) informs the official, to the best of the person's ability, 1
how it is false or misleading; and 2
(b) gives the correct information to the official if the person 3
has, or can reasonably obtain, the correct information. 4
(3) It is enough for a complaint for an offence against subsection 5
(1) to state the document was `false or misleading' to the 6
person's knowledge, without specifying which. 7
37 Delegations 8
(1) The chief executive may delegate the chief executive's powers 9
under this Act to an appropriately qualified officer of the 10
department. 11
(2) In this section-- 12
appropriately qualified includes having the qualifications, 13
experience or standing appropriate to exercise the power. 14
15
Example of standing--
16
a person's classification level in the department
38 Approved forms 17
The chief executive may approve forms for use under this Act. 18
39 Regulation-making power 19
(1) The Governor in Council may make regulations under this 20
Act. 21
(2) For example, a regulation may-- 22
(a) regulate work conditions for children; or 23
(b) regulate work conditions for children in particular types 24
of businesses, including in the entertainment industry; 25
or 26
(c) prescribe matters for which fees are payable under this 27
Act and the fees that are payable for the matters; or 28
(d) provide for the records that must be kept, and for how 29
long and where the records must be kept; or 30
s 40 26 s 42
Child Employment Bill 2005
(e) impose a penalty of not more than 40 penalty units for a 1
contravention of a provision of the regulation. 2
Part 6 Amendment of Education 3
legislation 4
Division 1 Amendment of Education (General 5
Provisions) Act 1989 6
40 Act amended in this division 7
This division amends the Education (General Provisions) Act 8
1989. 9
41 Amendment of s 119 (Employment of children of 10
compulsory school age) 11
Section 119(1), from `during' to `school age'-- 12
omit, insert-- 13
`the parent's child who is of compulsory school age when the 14
child is required to attend school for the educational program 15
in which the child is enrolled'. 16
42 Insertion of new pt 14 17
After part 13-- 18
insert-- 19
`Part 14 Declaratory provision for Child 20
Employment Act 2005 21
`171 Further amendment, or repeal, of Education 22
(General Provisions) Regulation 2000 23
`The amendment of the Education (General Provisions) 24
Regulation 2000 by the Child Employment Act 2005 does not 25
s 43 27 s 47
Child Employment Bill 2005
affect the power of the Governor in Council to further amend 1
that regulation or to repeal it.'. 2
Division 2 Amendment of Education (General 3
Provisions) Regulation 2000 4
43 Regulation amended in this division 5
This division amends the Education (General Provisions) 6
Regulation 2000. 7
44 Omission of s 20 (Hours during which child of age of 8
compulsory attendance not to be employed--Act, s 119) 9
Section 20-- 10
omit. 11
Part 7 Amendment of Industrial 12
Relations Act 1999 13
45 Act amended in this part 14
This part amends the Industrial Relations Act 1999. 15
46 Amendment of s 13 (Payment for annual leave) 16
Section 13(5), definition default average commission, third 17
dot point-- 18
omit, insert-- 19
`· multiplied by the number of days starting on the day the 20
leave commences and ending on the day before the 21
employee is due to return to work.'. 22
47 Amendment of s 17 (Definitions for pt 2) 23
Section 17-- 24
s 48 28 s 49
Child Employment Bill 2005
insert-- 1
`parental leave entitlement means the parental leave 2
entitlement mentioned in section 18(2), (3) or (4). 3
short term casual employee means a casual employee, other 4
than a long term casual employee.'. 5
48 Amendment of s 18 (Entitlement) 6
Section 18(5)-- 7
omit, insert-- 8
`(5) However, parental leave must not extend-- 9
(a) beyond 1 year after the child was born or adopted; or 10
(b) if an application for an extension of parental leave under 11
section 29A is agreed to--beyond 2 years after the child 12
was born or adopted.'. 13
49 Replacement of s 29 (Extending period of parental leave) 14
Section 29-- 15
omit, insert-- 16
`29 Extending period of parental leave by notice 17
`(1) An employee may extend the period of parental leave once 18
only by written notice given to the employer at least 14 19
days-- 20
(a) before the start of the parental leave; or 21
(b) if the parental leave has been started--before the 22
parental leave ends. 23
`(2) The notice must state when the extended period of parental 24
leave ends. 25
`(3) The total period of parental leave can not be extended under 26
subsection (1) beyond the total period mentioned in section 27
18(5)(a). 28
s 49 29 s 49
Child Employment Bill 2005
`29A Extending period of parental leave by agreement 1
`(1) A pregnant employee entitled to maternity leave under section 2
18(2), or an employee who is taking maternity leave, may 3
apply to the employer for an extension of the maternity leave 4
for an unbroken period of up to 104 weeks in total. 5
`(2) An employee entitled to parental leave for the birth of a child 6
of the employee's spouse under section 18(3), or who is 7
taking parental leave for the birth, may apply to the employer 8
for either or both of the following-- 9
(a) an extension of the short parental leave for an unbroken 10
period of up to 8 weeks in total; 11
(b) an extension of the long parental leave for an unbroken 12
period of up to 96 weeks in total. 13
`(3) An employee entitled to parental leave for the adoption of a 14
child under section 18(4), or who is taking adoption leave for 15
the adoption, may apply to the employer for either or both of 16
the following-- 17
(a) an extension of the short adoption leave for an unbroken 18
period of up to 8 weeks in total; 19
(b) an extension of the long adoption leave for an unbroken 20
period of up to 96 weeks in total. 21
`(4) An employee may not make more than 1 application under 22
subsection (1), (2) or (3) within any 12 month period, unless 23
the employer agrees. 24
`29B Employee on parental leave may apply to work 25
part-time 26
`(1) An employee on parental leave may apply to the employer to 27
return to work on a part-time basis. 28
`(2) An employee may not make more than 1 application under 29
this section within any 12 month period, unless the employer 30
agrees. 31
`29C Application for extension or part-time work 32
`(1) An application mentioned in section 29A or 29B must-- 33
s 49 30 s 49
Child Employment Bill 2005
(a) be in writing; and 1
(b) be made-- 2
(i) for an application for an extension of short parental 3
leave or short adoption leave--at least 2 business 4
days before the leave ends; or 5
(ii) for an application for an extension of maternity 6
leave, long parental leave or long adoption 7
leave--at least 4 weeks before the leave ends; or 8
(iii) for an application to return to work on a part-time 9
basis--at least 7 weeks before the leave ends; and 10
(c) state that it is an application for an extension of parental 11
leave under section 29A or an application to return to 12
work on a part-time basis under section 29B, as 13
appropriate; and 14
(d) state the dates the extension, or return to work on a 15
part-time basis, being applied for is to start and end; and 16
(e) state the impact refusal of the application might have on 17
the employee and the employee's dependants; and 18
(f) be accompanied by a statutory declaration by the 19
employee stating-- 20
(i) for an application for an extension of maternity 21
leave, long parental leave or long adoption 22
leave--the employee is seeking the extension so 23
the employee can continue to be the child's 24
primary caregiver; or 25
(ii) for an application to return to work on a part-time 26
basis--the employee is seeking to work on a 27
part-time basis so the employee can continue to be 28
the child's primary caregiver when not at work. 29
`(2) The period in relation to which an application under section 30
29B may be made can not extend beyond the day the child in 31
relation to whom parental leave was taken is required to be 32
enrolled for compulsory schooling under the Education 33
(General Provisions) Act 1989. 34
`(3) A person may apply under section 29A or 29B even if the 35
person started parental leave before the commencement of 36
this section. 37
s 49 31 s 49
Child Employment Bill 2005
`29D Employer to give proper consideration to application 1
for extension or part-time work 2
`(1) In deciding whether to agree to an application for an extension 3
of the period of parental leave under section 29A or an 4
application to return to work on a part-time basis under 5
section 29B, the employer must consider the following-- 6
(a) the particular circumstances of the employee that give 7
rise to the application, particularly circumstances 8
relating to the employee's role as the child's caregiver; 9
(b) the impact refusal of the application might have on the 10
employee and the employee's dependants; 11
(c) the effect that agreeing to the application would have on 12
the conduct of the employer's business, including, for 13
example-- 14
(i) any additional cost the employer would incur; and 15
(ii) the employer's capacity to reorganise work 16
arrangements; and 17
(iii) the availability of competent replacement staff; and 18
(iv) any loss of efficiency in the conduct of the 19
employer's business; and 20
(v) the impact of the employee's absence or temporary 21
absence on the delivery of customer service. 22
`(2) The employer must not unreasonably refuse an application 23
under section 29A or 29B. 24
`(3) The employer must advise the employee, in writing, of the 25
employer's decision-- 26
(a) if the application is for an extension of short parental 27
leave or short adoption leave--as soon as possible after 28
receiving the application but before the short parental 29
leave or short adoption leave ends; or 30
(b) for any other application--within 14 days after 31
receiving the application. 32
`(4) If the employer refuses the application, the employer must 33
provide the employee with written reasons for refusing the 34
application.'. 35
s 50 32 s 51
Child Employment Bill 2005
50 Amendment of s 33 (Employer's obligations) 1
(1) Section 33, heading, `obligations'-- 2
omit, insert-- 3
`obligation to advise about parental leave entitlements'. 4
(2) Section 33, `this part'-- 5
omit, insert-- 6
`this division'. 7
51 Insertion of new ss 38A-38C 8
Chapter 2, part 2, division 2, after section 38-- 9
insert-- 10
`38A Employer's obligation to advise about significant 11
change at the workplace 12
`(1) This section applies-- 13
(a) if an employer decides to implement significant change 14
at a workplace; and 15
(b) whether or not the decision was made before the 16
commencement of this section if the decision had not 17
been implemented at the commencement. 18
`(2) The employer must take reasonable action to advise each 19
employee who is absent from the workplace on parental leave 20
about the proposed change before it is implemented. 21
`(3) The advice must inform the employee of the change and any 22
effect it will have on the position the employee held before 23
starting parental leave, including, for example, its status or the 24
level of responsibility attaching to the position. 25
`(4) The employer must give the employee a reasonable 26
opportunity to discuss any significant effect the change will 27
have on the employee's position. 28
s 51 33 s 51
Child Employment Bill 2005
`38B Employee's obligations to advise employer about 1
particular changes 2
`(1) An employee who is absent on parental leave must advise the 3
employer of any change in the employee's contact details, 4
including any change of address. 5
6
Note--
7
Advice given under subsection (1) may be used by an employer for
8
section 38A if a need arises to advise the employee about significant
9
change at the workplace.
`(2) An employee who is absent on parental leave must also take 10
reasonable steps to advise the employer of any significant 11
change affecting the following as soon as possible after the 12
change happens-- 13
(a) the length of the employee's parental leave; 14
(b) the date the employee intends to return to work; 15
(c) an earlier decision to return to work on a full-time basis 16
or to apply to return to work on a part-time basis. 17
`38C Review of ss 29A-29D 18
`(1) The full bench must review the operation of sections 29A, 19
29B, 29C and 29D5-- 20
(a) on its own initiative; or 21
(b) on the Minister's direction. 22
`(2) In the absence of a direction from the Minister, the full bench 23
must start a review on its own initiative within 3 years after 24
the commencement of this section. 25
`(3) In undertaking a review, the full bench must consider, in 26
particular-- 27
(a) whether the sections are meeting the reasonable needs 28
of employees; and 29
5 Sections 29A (Extending period of parental leave by agreement), 29B (Employee on
parental leave may apply to work part-time), 29C (Application for extension or
part-time work) and 29D (Employer to give proper consideration to application for
extension or part-time work)
s 52 34 s 52
Child Employment Bill 2005
(b) the impact the operation of the sections is having on the 1
ability of employers to conduct their businesses 2
efficiently. 3
`(4) The full bench must report the result of a review, and make 4
recommendations, to the Minister.'. 5
52 Replacement of s 39 (Entitlement) 6
Section 39-- 7
omit, insert-- 8
`39 Employee's entitlement to carer's leave 9
`(1) An employee may use up to 10 days of sick leave on full pay 10
(carer's leave) in each year to care for and support members 11
of the employee's immediate family or household-- 12
(a) when they are ill; or 13
(b) because an unexpected emergency arises. 14
15
Example for paragraph (b)--
16
unexpected failure of child care arrangements
`(2) If the employee has exhausted his or her entitlement under 17
subsection (1), the employee may take up to an additional 2 18
days unpaid carer's leave each time the employee needs to 19
care for and support members of the employee's immediate 20
family or household-- 21
(a) when they are ill; or 22
(b) because an unexpected emergency arises. 23
`(3) The employee may take additional unpaid carer's leave if the 24
employer agrees. 25
`(4) An employee can not take carer's leave if another person has 26
taken leave to care for the same person unless there are special 27
circumstances requiring more than 1 person to care for the 28
person. 29
`(5) Carer's leave may be taken for part of a day. 30
`(6) In this section-- 31
employee does not include casual employee. 32
s 52 35 s 52
Child Employment Bill 2005
sick leave includes sick leave accrued before the 1
commencement of this section. 2
`39A Long term casual employee's entitlement to carer's 3
leave 4
`(1) A long term casual employee is entitled to 10 days unpaid 5
leave (also carer's leave) in each year to care for and support 6
members of the employee's immediate family or household-- 7
(a) when they are ill; or 8
(b) because an unexpected emergency arises. 9
`(2) The long term casual employee may take additional unpaid 10
carer's leave if the employer agrees. 11
`(3) A long term casual employee can not take carer's leave if 12
another person has taken leave to care for the same person 13
unless there are special circumstances requiring more than 1 14
person to care for the person. 15
`(4) Carer's leave may be taken for part of a day. 16
`(5) The employer must not fail to re-engage a long term casual 17
employee only because the long term casual employee has 18
taken carer's leave under this section. 19
`(6) However, the rights of an employer not to re-engage a long 20
term casual employee are not otherwise affected. 21
`39B Short term casual employee's entitlement to carer's 22
leave 23
`(1) A short term casual employee is entitled to leave work or to be 24
unavailable to attend work for up to 2 days (also carer's leave) 25
each time the employee needs to care for and support 26
members of the employee's immediate family or household-- 27
(a) when they are ill; or 28
(b) because an unexpected emergency arises; or 29
(c) because of the birth of a child. 30
`(2) The short term casual employee may leave work or be 31
unavailable to attend work for reasons mentioned in 32
subsection (1) for additional periods if the employer agrees. 33
s 52 36 s 52
Child Employment Bill 2005
`(3) A short term casual employee can not take carer's leave if 1
another person has taken leave to care for the same person 2
unless there are special circumstances requiring more than 1 3
person to care for the person. 4
`(4) Carer's leave may be taken for part of a day. 5
`(5) The employer must not fail to re-engage a short term casual 6
employee only because the short term casual employee has 7
taken carer's leave under this section. 8
`(6) However, the rights of an employer not to re-engage a short 9
term casual employee are not otherwise affected. 10
`(7) Leave taken under this section is unpaid. 11
`39C Employees etc. to provide supporting information to 12
employer 13
`(1) If an employee is taking carer's leave to care for and support a 14
member of the employee's immediate family or household 15
who is ill, the employee must, if required by the employer, 16
produce a doctor's certificate or statutory declaration 17
evidencing that the member is ill with an illness requiring care 18
by another. 19
`(2) An employee must, if practicable, give the employer-- 20
(a) notice of the intention to take carer's leave before taking 21
the leave; and 22
(b) the name of the person requiring care and the person's 23
relationship to the employee; and 24
(c) the reason for taking the leave; and 25
(d) the period that the employee estimates he or she will be 26
absent; and 27
(e) if the reason for taking the leave is because an 28
unexpected emergency has arisen, the nature of the 29
emergency. 30
`(3) If it is not practicable for the employee to notify the employer 31
of the intention to take carer's leave before taking the leave, 32
the employee must notify the employer at the first reasonable 33
opportunity.'. 34
s 53 37 s 54
Child Employment Bill 2005
53 Amendment of s 40 (Entitlement) 1
(1) Section 40(1)-- 2
omit, insert-- 3
`(1) This section does not apply to pieceworkers.'. 4
(2) Section 40(2), after `casual employee'-- 5
insert-- 6
`or short term casual employee'. 7
(3) Section 40(4) and (5)-- 8
renumber as section 40(5) and (6). 9
(4) Section 40-- 10
insert-- 11
`(4) A short term casual employee is entitled to be unavailable to 12
attend work-- 13
(a) for up to 2 days on unpaid bereavement leave on the 14
death of a member of the person's immediate family or 15
household; and 16
(b) if the employee reasonably requires extra time to travel 17
to and from the funeral or other ceremony for the 18
death--an amount of unpaid bereavement leave equal to 19
the time reasonably required for the travel.'. 20
(5) Section 40-- 21
insert-- 22
`(7) The employer must not fail to re-engage a casual employee 23
only because the casual employee has taken bereavement 24
leave under this section. 25
`(8) However, the rights of an employer not to re-engage a casual 26
employee are not otherwise affected.'. 27
54 Amendment of s 71A (Minimum period of notice required 28
from employee under particular instrument, federal 29
award or federal agreement) 30
(1) Section 71A(2) and (3)-- 31
renumber as section 71A(3) and (4). 32
s 55 38 s 57
Child Employment Bill 2005
(2) Section 71A-- 1
insert-- 2
`(2) However, this section does not apply to an employee, 3
apprentice or trainee mentioned in section 72(3) or (7).'. 4
(3) Section 71A(4), as renumbered, `subsection (2)'-- 5
omit, insert-- 6
`subsection (3)'. 7
55 Amendment of s 73 (When is a dismissal unfair) 8
Section 73(2)-- 9
insert-- 10
`(ka) a reason mentioned in section 39B(5) or 40(7);'. 11
56 Amendment of s 350 (Appointment of inspectors) 12
Section 350(4)-- 13
insert-- 14
`(d) the Child Employment Act 2005.'. 15
57 Amendment of s 352 (Powers) 16
Section 352-- 17
insert-- 18
`(4) For the purposes of an inspector exercising powers under this 19
Act while acting as an inspector under the Child Employment 20
Act 2005-- 21
(a) a reference in this Act to an employee includes a child to 22
whom that Act applies; and 23
(b) a reference in this Act to an employer includes a person 24
who engages, or arranges for, a child to whom that Act 25
applies to perform work at the direction of the person, 26
whether the child works for gain or reward or on a 27
voluntary basis.'. 28
s 58 39 s 59
Child Employment Bill 2005
58 Insertion of new ch 20, pt 5 1
Chapter 20-- 2
insert-- 3
`Part 5 Transitional provision for Child 4
Employment Act 2005 5
`739 Provision for agreed extensions of parental leave 6
`(1) This section applies if, before the commencement of new 7
section 29, an employer and an employee agreed that the 8
employee could extend the employee's period of parental 9
leave beyond the total period allowed under old section 18. 10
`(2) The agreement continues to have effect according to its terms. 11
`(3) In this section-- 12
new section 29 means section 29 as inserted by the Child 13
Employment Act 2005, section 49. 14
old section 18 means section 18 as in force immediately 15
before the commencement of the Child Employment Act 2005, 16
section 48.'. 17
59 Amendment of sch 5 (Dictionary) 18
Schedule 5-- 19
insert-- 20
`parental leave entitlement, for chapter 2, part 2, see section 21
17. 22
short term casual employee, for chapter 2, part 2, see section 23
17.'. 24
40
Child Employment Bill 2005
Schedule Dictionary 1
section 3 2
affected person see section 14. 3
apprenticeship has the meaning given by the Vocational 4
Education, Training and Employment Act 2000. 5
business includes a trade or occupation. 6
collections work means the collecting of donations of money 7
or articles for any appeal for support for any purpose under 8
the Collections Act 1966. 9
employer means a person who engages a child, or arranges for 10
a child, to perform work at the direction of the person, 11
whether the child works for gain or reward or on a voluntary 12
basis. 13
information notice, for a decision of the chief executive, 14
means a signed notice stating the following-- 15
(a) the decision; 16
(b) the reasons for the decision; 17
(c) the person to whom the notice is given may appeal 18
against the decision to the industrial commission within 19
21 days, but the industrial commission may extend the 20
time for starting an appeal. 21
inspector means an inspector under the Industrial Relations 22
Act 1999. 23
official means-- 24
(a) the chief executive; or 25
(b) an inspector. 26
parent, of a child, see section 6. 27
parent's consent form, for a school-aged or young child, see 28
section 10(3). 29
reasonably believes means believes on reasonable grounds. 30
41
Child Employment Bill 2005
Schedule (continued)
required to attend school, in relation to a school-aged child, 1
means required to attend school for the educational program 2
in which the school-aged child is enrolled. 3
school-aged child see section 7. 4
school-aged or young child means a school-aged child or a 5
young child. 6
special circumstances certificate see section 12. 7
traineeship has the meaning given by the Vocational 8
Education, Training and Employment Act 2000. 9
vocational placement has the meaning given by the 10
Vocational Education, Training and Employment Act 2000. 11
work, in relation to a child, see section 8. 12
work experience has the meaning given by the Education 13
(Work Experience) Act 1996. 14
work limitation notice see section 13. 15
workplace means a place in or on which an inspector 16
reasonably suspects work is, has been, or is about to be carried 17
on. 18
young child means a child who is not old enough to be 19
enrolled for compulsory schooling under the Education 20
(General Provisions) Act 1989. 21
© State of Queensland 2005
AMENDMENTS TO BILL
1
Child Employment Bill 2005
Child Employment Bill 2005
Amendments agreed to during Consideration
1 Clause 2--
At page 6, lines 6 and 7, from `a day' to `proclamation'--
omit, insert--
`1 July 2006'.
2 Clause 9--
At page 10, lines 1 to 4--
omit.
3 Clause 9--
At page 10, lines 10 to 13--
omit, insert--
`(6) Also, an employer does not commit an offence against
subsection (4) if, for a child or work prescribed under a
regulation, the employer supervises the child in the way
prescribed under the regulation for the work.'.
4 Clause 9--
At page 10, after line 16--
insert--
`(7) In this section--
an Act, in subsection (5), does not include a federal award,
federal agreement or industrial instrument, as defined under
the Industrial Relations Act 1999.
Note--
This definition displaces the application of the Acts Interpretation Act
1954, section 7 to the extent of the instruments mentioned in the
definition.'.
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